259AUnencumbered outdoor space—exposure to natural environment

#### 259A Unencumbered outdoor space—exposure to natural environment 259A Unencumbered outdoor space—exposure to natural environment > > (1) The requirements in this regulation apply in addition to the requirements in regulation 108. > > > (2) This regulation applies in relation to the following centre-based services only— > > > > > (a) a service for which the application for service approval is made under section 43 of the Law on or after 1 July 2024; > > > > > (b) a service for which an application to amend a service approval to increase the maximum number of children to be educated and cared for at the service is made and approved under section 54 of the Law on or after 1 July 2024. > > > (3) In calculating the unencumbered outdoor space required for regulation 108(2) each area included must— > > > > > (a) be outside the external walls of a building on the premises; and > > > > > (b) be at ground level or finished ground level; and > > > > > (c) receive at least 60% direct sunlight, for at least 3.5 hours, between 9:00 am and 3:00 pm on the winter solstice and the summer solstice; and > > > > > (d) be under not more than 30% permanent cover. > > > > > > Example— > > > > > > Cover under a verandah or fixed roofing. > > **Reg 259A:** Ins 2024 (143), reg 16.