36FExemption by Minister—circumstances—Act, s 83D (2)

36F Exemption by Minister—circumstances—Act, s 83D (2) (1) A circumstance mentioned in table 36F, column 3 is prescribed for a regulated swimming pool mentioned in column 2.

Table 36F Exemptions by Minister item pool circumstances in which pool may be exempt from safety standard 1 a regulated swimming (a) compliance with the safety standard is impracticable because of— (i) the physical nature of the premises on which the pool is located; or (ii) the design or construction of either the pool or other buildings on the premises on which the pool is located; and (b) either— (i) a barrier comparable to a safety barrier that complies with the safety standards is installed for the pool (a comparable barrier); or (ii) evidence is provided to the Minister as to why installation of a comparable barrier cannot be done 2 a regulated swimming compliance with the safety standard would be reasonably likely to require approval under the Urban Forest Act 2023 to remove a protected tree 3 a regulated swimming compliance with the safety standard would be reasonably likely to involve conduct that would have a significant adverse effect on the heritage significance of a place or object registered under the Heritage Act 2004

item pool circumstances in which pool may be exempt from safety standard 4 a regulated swimming (a) the occupier of premises on which the pool is located is a person with disability; and (b) safety barrier compliance with safety standards would substantially impede the occupier’s access to the pool; and (c) the owner of the premises agrees to adopt alternative safety measures (if available) 5 a regulated swimming there are documented plans to demolish the pool within 24 months of the application for exemption Note The Minister may make guidelines in relation to applications for exemptions and the granting of exemptions (see Act, s 83G). disability—see the Discrimination Act 1991, section 5AA. protected tree—see the Urban Forest Act 2023, section 8. registered—see the Heritage Act 2004, section 11.