339Over preschool age—indoor and outdoor space requirements

#### 339 Over preschool age—indoor and outdoor space requirements 339 Over preschool age—indoor and outdoor space requirements > > (1) Subject to subregulation (4), this regulation applies to a declared approved service that provides education and care only to children over preschool age at the service premises. > > > (2) Regulation 107 does not apply to the service premises if there is indoor space of not less than 2.8 square metres per child. > > > (3) For the purpose of a rating assessment under Part 5 of the Law the declared approved service is taken to comply with regulation 107 in respect of the service premises if subregulation (2) is complied with. > > > (4) This regulation ceases to apply if— > > > > > (a) the service premises are renovated and that renovation reduces— > > > > > > > (i) the existing unencumbered indoor space suitable for children’s use; or > > > > > > > (ii) the existing unencumbered outdoor space suitable for children’s use; or > > > > > (b) the service premises are renovated and the approved provider requests an amendment to the maximum number of children to be educated and cared for at the service; or > > > > > (c) the service approval is transferred to another approved provider. > > > > Note. > > > > See also Division 7 of Part 7.1. > > > (5) Despite subregulation (4)(a)(ii), this regulation continues to apply if the service premises are renovated and that renovation reduces the existing unencumbered outdoor space suitable for children’s use to not less than 7 square metres per child. > > **Reg 339:** Am 2017 (543), reg 113.