NORTHERN TERRITORY OF AUSTRALIA
SWIMMING POOL SAFETY REGULATIONS 2004
As in force at 13 September2025
Table of provisions
Part 1 Preliminary
1 Citation ............................................................................................ 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Exemption of certain swimming pools ............................................. 2
Part 2 Safety standards
5 Safety standards for modified Australian Standard.......................... 2
6 Guidelines for assessment of Community Safety Standard ............. 3
7 Dividing barrier notice ...................................................................... 3
Part 3 Certification and acknowledgment of
swimming pools
Division 1 Applications relating to certificates
8 Applications for interim compliance certificates ............................... 4
9 Applications for compliance certificates after construction of
new swimming pools ....................................................................... 4
10 Applications for compliance certificates generally ........................... 5
11 Applications for provisional compliance certificates ......................... 5
12 Applications for variation or revocation of certificates ...................... 6
Division 2 Particulars, variation and revocation of
certificates
13 Particulars of certificates ................................................................. 6
14 Variation of certificates .................................................................... 8
15 Revocation of certificates ................................................................ 8
Division 3 Declarations, applications and
acknowledgments relating to existing
swimming pools
16 Declarations of compliance.............................................................. 9
17 Declarations of proposed compliance............................................ 10
18 Applications for temporary acknowledgment notices ..................... 11
19 Acknowledgment of swimming pools ............................................. 11
Swimming Pool Safety Regulations 2004 ii
Part 4 Miscellaneous
20 Extension of time for upgrading swimming pool following
purchase ........................................................................................ 12
Schedule 2 Community Safety Standard Guidelines
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 13 September 2025
SWIMMING POOL SAFETY REGULATIONS 2004
Regulations under the Swimming Pool Safety Act 2004
Part 1 Preliminary
1 Citation
These Regulations may be cited as the Swimming Pool Safety
Regulations 2004.
2 Commencement
These Regulations come into operation on the commencement of
the Swimming Pool Safety Act 2004.
3 Definitions
In these Regulations:
adjoining premises, in relation to a dividing barrier, means the
premises separated by the dividing barrier from the premises at
which a swimming pool is to be constructed or is situated.
Australian Standards means Australian Standard
AS 1926.1-1993 "Swimming pool safety Part 1: Fencing for
swimming pools" and Australian Standard AS 1926.2–1995
"Swimming pool safety Part 2: Location of fencing for private
swimming pools".
certificate means an interim compliance certificate, compliance
certificate or provisional compliance certificate.
dividing barrier notice means the notice referred to in
regulation 7.
Guidelines means the Community Safety Standard Guidelines
referred to in regulation 6.
Part 2 Safety standards
Swimming Pool Safety Regulations 2004 2
4 Exemption of certain swimming pools
For section 6(2)(d) of the Act, a structure having the characteristics
described in section 6(1) of the Act is exempt from the application
of the Act if the structure is situated at any of the following
premises:
(a) premises at which there is a hotel or motel;
(b) premises (other than a house) at which accommodation is
provided for a fee, or under a short term lease, for holiday
accommodation;
(c) premises at which there is a house in which the owner of the
premises does not normally reside and at which
accommodation is provided for a fee, or under a short term
lease, for holiday accommodation;
(d) premises at which there is a complex of buildings that are
principally used for non-residential purposes.
Part 2 Safety standards
5 Safety standards for modified Australian Standard
(1) The standards referred to in section 10(1)(a)(iii) of the Act are the
Australian Standards as modified by this regulation.
(2) The Australian Standards are modified by omitting Clause 2.3.2 of
AS 1926.1–1993 and substituting the following:
"2.3.2 Chainmesh A fence that uses chainmesh with apertures
not greater than 13 mm must include a strainer wire or a rail at the
top and the bottom of the fence and must have an effective fencing
height of not less than 1.2 m.
A fence that uses chainmesh with apertures greater than 13 mm
but less than 100 mm must include a strainer wire or a rail at the
top and the bottom of the fence and must have an effective fencing
height of not less than 1.7 m.".
(3) A provision of the Australian Standards that refers to a
measurement on the outside of a swimming pool barrier is modified,
when applied to a dividing barrier, so that it refers to a
measurement on the inside of the dividing barrier.
Part 2 Safety standards
Swimming Pool Safety Regulations 2004 3
(4) The Australian Standards are modified to the extent necessary to
provide that no action is required to be taken on adjoining premises
by any person to ensure a dividing barrier complies with the
modified Australian Standard.
(5) If there is an inconsistency between the Australian Standards and
the Act or these Regulations, the Australian Standards are modified
to the extent necessary to achieve consistency.
(6) In subregulation (3):
inside means the side facing the pool area.
6 Guidelines for assessment of Community Safety Standard
The guidelines referred to in section 11(3) of the Act are the
Community Safety Standard Guidelines specified in Schedule 2.
7 Dividing barrier notice
(2) A dividing barrier notice under section 10(1)(b), 11(1)(b)
or 12(1)(b)(iii) of the Act must include the following information:
(a) the name and address of the owner of the premises on which
the swimming pool is to be constructed or is situated;
(b) the address of the premises at which the swimming pool is to
be constructed or is situated;
(c) there is to be a swimming pool constructed at those premises
or there is a swimming pool situated at those premises;
(d) the owner of those premises intends to apply to the Authority
for a an interim compliance certificate, compliance certificate
or acknowledgment notice (as applicable) in respect of the
swimming pool;
(e) the dividing barrier will be used or is being used as a
swimming pool barrier for the swimming pool;
(f) there may be a risk to a child if an object is placed against or
close to the dividing barrier on the adjoining premises that
might assist a child to climb over the barrier;
(g) if the owner is not the occupier of the adjoining premises, the
owner should notify the occupier about the information in the
dividing barrier notice;
Part 3 Certification and acknowledgment of swimming pools
Division 1 Applications relating to certificates
Swimming Pool Safety Regulations 2004 4
(h) the owner or occupier of the adjoining premises may request
the advice of a pool safety adviser in relation to the dividing
barrier notice.
(3) The dividing barrier notice must be given to the owner of the
adjoining premises in accordance with section 52(2) of the Act.
Part 3 Certification and acknowledgment of
swimming pools
Division 1 Applications relating to certificates
8 Applications for interim compliance certificates
An application for an interim compliance certificate must contain the
following information:
(a) the name and address of the owner of the small premises at
which the swimming pool is to be constructed;
(b) the address of the premises at which the swimming pool is to
be constructed;
(c) whether the swimming pool will comply with the modified
Australian Standard or non-standard safety provision;
(d) if the swimming pool is to be constructed in accordance with
the non-standard safety provision – all particulars of the
proposed enclosure of the swimming pool;
(e) if there is to be a dividing barrier – confirmation that the owner
of the small premises has given a dividing barrier notice to the
owner of the adjoining premises;
(f) whether the owner of the small premises has received the
advice of a pool safety adviser.
9 Applications for compliance certificates after construction of
new swimming pools
An application under section 16 of the Act for a compliance
certificate must contain the following information:
(a) the identification number of the interim compliance certificate
in force in respect of the swimming pool;
(b) the date of completion of construction of the swimming pool
and swimming pool barrier;
Part 3 Certification and acknowledgment of swimming pools
Division 1 Applications relating to certificates
Swimming Pool Safety Regulations 2004 5
(c) any further information the Authority considers necessary.
10 Applications for compliance certificates generally
An application under section 17 of the Act for a compliance
certificate must contain the following information:
(a) the name and address of the owner of the premises at which
the swimming pool is situated;
(b) the address of the premises at which the swimming pool is
situated;
(c) whether those premises are small premises or large premises
and whether the swimming pool is a new swimming pool or an
existing swimming pool;
(d) whether the swimming pool complies with the modified
Australian Standard or non-standard safety provision;
(e) if the swimming pool complies with the non-standard safety
provision – all particulars of the enclosure of the swimming
pool;
(f) if there is a dividing barrier – confirmation that the owner of the
premises at which the swimming pool is situated has given a
dividing barrier notice to the owner of the adjoining premises;
(g) whether the owner of the premises at which the swimming
pool is situated has received the advice of a pool safety
adviser.
11 Applications for provisional compliance certificates
An application for a provisional compliance certificate must contain
the following information:
(a) the name and address of the purchaser of the small premises;
(b) the address of the small premises being purchased;
(c) the proposed date of completion of the contract of sale;
(d) there is at those premises an existing swimming pool that is
not certified or notified and the purchaser proposes to upgrade
the swimming pool;
(e) whether the purchaser proposes to upgrade the swimming
pool to comply with the modified Australian Standard or
non-standard safety provision;
Part 3 Certification and acknowledgment of swimming pools
Division 2 Particulars, variation and revocation of certificates
Swimming Pool Safety Regulations 2004 6
(f) the measures the purchaser proposes to take to ensure
compliance with the applicable safety standard;
(g) the estimated time, not exceeding 3 months after the purchase
of the premises, in which the upgrade of the swimming pool
will be completed;
(h) whether the purchaser has received the advice of a pool
safety adviser.
12 Applications for variation or revocation of certificates
(1) The holder of a certificate must apply to the Authority for a variation
of the certificate if the following circumstances apply:
(a) the name of the holder specified in the certificate is to change
due to the sale of the premises specified in the certificate;
(b) there is change to any other particular specified in the
certificate;
(c) the holder wishes the Authority to vary any condition specified
in the certificate.
(2) The holder of a certificate must apply to the Authority in the
approved form for the revocation of the certificate if the swimming
pool to which the certificate relates is no longer being constructed
or is no longer situated at the premises specified in the certificate.
(3) A application for the variation or revocation of a certificate must
contain the following information:
(a) the name and address of the holder of the certificate;
(b) the address of the premises specified in the certificate;
(c) whether the application is for a variation or revocation of the
certificate and the reasons for making the application;
(d) any other information the Authority considers necessary.
Division 2 Particulars, variation and revocation of certificates
13 Particulars of certificates
(1) An interim compliance certificate must include the following
particulars:
(a) the name of the person to whom the interim compliance
certificate is issued;
Part 3 Certification and acknowledgment of swimming pools
Division 2 Particulars, variation and revocation of certificates
Swimming Pool Safety Regulations 2004 7
(b) the address of the small premises at which the swimming pool
is to be constructed;
(c) whether the swimming pool is to be constructed to comply with
the modified Australian Standard or non-standard safety
provision;
(d) any conditions imposed by the Authority;
(e) a brief statement of the requirements of sections 15 and 16 of
the Act;
(f) the interim compliance certificate will be revoked by virtue of
regulation 15(1) immediately after the Authority issues a
compliance certificate in respect of the swimming pool;
(g) any other particulars the Authority considers should be
included.
(2) A compliance certificate must include the following particulars:
(a) the name of the person to whom the compliance certificate is
issued;
(b) the address of the premises at which the swimming pool is
situated and whether they are small premises or large
premises;
(c) whether the swimming pool is a new swimming pool or
existing swimming pool and whether it is certified as
complying with the modified Australian Standard or non-
standard safety provision;
(d) any conditions imposed by the Authority;
(e) a brief statement of the relevant obligations under the Act;
(f) any other particulars the Authority considers should be
included.
(3) A provisional compliance certificate must include the following
particulars:
(a) the name of the person to whom the provisional compliance
certificate is issued;
(b) the address of the small premises at which the existing
swimming pool to be upgraded is situated;
Part 3 Certification and acknowledgment of swimming pools
Division 2 Particulars, variation and revocation of certificates
Swimming Pool Safety Regulations 2004 8
(c) whether the existing swimming pool is to be upgraded to the
modified Australian Standard or non-standard safety provision;
(d) any conditions imposed by the Authority;
(e) the particulars relevant to extensions of time for upgrading the
existing swimming pool as specified in regulation 20;
(f) any other particulars the Authority considers should be
included.
14 Variation of certificates
(1) The Authority may vary a certificate on its own initiative only if:
(a) the Authority has given notice to the holder of the certificate
specifying the proposed variation and the reasons for it;
(b) the notice specifies that the holder of the certificate may,
within 14 days after the notice is given, make submissions to
the Authority about why the certificate ought not be varied;
and
(c) the Authority takes into account any submissions made in
accordance with paragraph (b).
(2) If the Authority varies a certificate, the Authority must:
(a) request the holder of the certificate to return it to the Authority;
(b) vary the certificate; and
(c) issue to the owner of the premises at which the swimming
pool is being constructed or is situated a certificate in
substitution for the varied certificate.
(3) A person who is requested to return a certificate to the Authority for
variation must, within 30 days after the request:
(a) return the certificate to the Authority; or
(b) if the certificate has been lost or destroyed – declare that fact
in writing to the Authority.
Maximum penalty: 5 penalty units.
15 Revocation of certificates
(1) An interim compliance certificate is revoked immediately after the
Authority issues a compliance certificate in respect of the swimming
pool to which the interim compliance certificate relates.
Part 3 Certification and acknowledgment of swimming pools
Division 3 Declarations, applications and acknowledgments relating to existing
swimming pools
Swimming Pool Safety Regulations 2004 9
(2) The Authority may revoke a certificate if:
(a) the Authority is satisfied the swimming pool in respect of which
the certificate was issued is no longer at the premises
specified in the certificate; or
(b) the owner of the premises specified in the certificate is failing
to comply with section 31 of the Act or an order issued under
section 37 of the Act.
(3) The Authority may revoke a certificate on its own initiative only if:
(a) the Authority has given notice to the holder of the certificate of
the proposed revocation and the reasons for it;
(b) the notice specifies that the holder of the certificate may,
within 14 days after the notice is given, make submissions to
the Authority about why the certificate ought not be revoked;
and
(c) the Authority takes into account any submissions made in
accordance with paragraph (b).
(4) If the Authority revokes a certificate, the Authority must request the
holder of the certificate to return it to the Authority.
(5) A person who is requested to return a certificate following
revocation must, within 30 days after the request:
(a) return the certificate to the Authority; or
(b) if the certificate has been lost or destroyed – declare that fact
in writing to the Authority.
Maximum penalty: 5 penalty units.
Division 3 Declarations, applications and acknowledgments
relating to existing swimming pools
16 Declarations of compliance
A declaration of compliance must contain the following information:
(a) the name and address of the owner of the premises at which
the existing swimming pool is situated;
(b) the address of the premises at which the existing swimming
pool is situated;
Part 3 Certification and acknowledgment of swimming pools
Division 3 Declarations, applications and acknowledgments relating to existing
swimming pools
Swimming Pool Safety Regulations 2004 10
(c) the existing swimming pool complies with the Community
Safety Standard;
(d) the owner has applied the Guidelines in assessing the
compliance of the swimming pool with the Community Safety
Standard;
(e) a brief description of the swimming pool barrier;
(f) if there is a dividing barrier – confirmation that the owner has
given a dividing barrier notice to the owner of the adjoining
premises;
(g) whether the owner has received the advice of a pool safety
adviser.
17 Declarations of proposed compliance
A declaration of proposed compliance must contain the following
information:
(a) the name and address of the purchaser of the small premises;
(b) the address of the small premises being purchased;
(c) the proposed date of completion of the contract of sale;
(d) there is at those premises an existing swimming pool that is
not certified or notified and the purchaser proposes to upgrade
the swimming pool to comply with the Community Safety
Standard;
(e) the purchaser has read and understands the Guidelines;
(f) the measures the purchaser proposes to take to ensure
compliance with the Community Safety Standard;
(g) the estimated time, not exceeding 3 months after the purchase
of the premises, in which the upgrade of the swimming pool
will be completed;
(h) whether the purchaser has received the advice of a pool
safety adviser.
Part 3 Certification and acknowledgment of swimming pools
Division 3 Declarations, applications and acknowledgments relating to existing
swimming pools
Swimming Pool Safety Regulations 2004 11
18 Applications for temporary acknowledgment notices
An application for a temporary acknowledgment notice must contain
the following information:
(a) the name and address of the person to whom the prescribed
small premises are to be transferred;
(b) the type of prescribed small premises to be transferred;
(c) the address of the prescribed small premises;
(d) there is at the prescribed small premises an existing
swimming pool that is not certified or notified;
(e) any further information the Authority considers necessary.
19 Acknowledgment of swimming pools
(1) An acknowledgment notice must specify the following particulars:
(a) the name of the owner of the premises at which the swimming
pool is situated;
(b) the address of the premises at which the swimming pool is
situated and whether they are small premises or large
premises;
(c) the owner has declared that the swimming pool complies with
the Community Safety Standard and that the owner has
applied the Guidelines in assessing compliance with that
Standard;
(d) a brief description of the relevant obligations under the Act;
(e) any other particulars the Authority considers should be
included.
(2) A provisional acknowledgment notice must specify the following
particulars:
(a) the name and address of the purchaser to whom the
provisional acknowledgment notice is issued;
(b) the address of the small premises at which the existing
swimming pool to be upgraded is situated;
Part 4 Miscellaneous
Swimming Pool Safety Regulations 2004 12
(c) the purchaser has declared that the existing swimming pool is
to be upgraded to comply with the Community Safety
Standard and that the purchaser has read and understands
the Guidelines;
(d) the particulars relevant to extensions of time for upgrading the
existing swimming pool as specified in regulation 20;
(e) any other particulars the Authority considers should be
included.
(3) A temporary acknowledgment notice must specify the following
particulars:
(a) the name of the person to whom the prescribed small
premises are to be transferred;
(b) the type of prescribed small premises to be transferred;
(c) the address of the prescribed small premises;
(d) there is at the prescribed small premises an existing
swimming pool that is not certified or notified;
(e) the temporary acknowledgment notice will be revoked by
virtue of section 28(5) of the Act immediately after the transfer
of the fee simple interest in the prescribed small premises;
(f) any other particulars the Authority considers should be
included.
Part 4 Miscellaneous
20 Extension of time for upgrading swimming pool following
purchase
(1) For sections 26(5)(a) and 27(5)(a) of the Act, the purchaser must:
(a) begin upgrading the swimming pool as soon as practicable
after the transfer to the purchaser of the fee simple interest in
the premises specified in the provisional compliance certificate
or provisional acknowledgment notice; and
(b) subject to subregulation (2), complete the upgrade not later
than 3 months after that transfer.
(2) On application in writing by the holder of a provisional compliance
certificate or provisional acknowledgment notice, the Authority may
extend the time in which the swimming pool must be upgraded.
Part 4 Miscellaneous
Swimming Pool Safety Regulations 2004 13
(3) The extension of time must be in writing and may impose conditions
on the extension.
Part 4 Miscellaneous
Swimming Pool Safety Regulations 2004 14
Schedule 2 Community Safety Standard Guidelines
regulation 6
Interpretation
(1) In these Guidelines:
inside, in relation to a swimming pool barrier, means the side of the
barrier that faces the pool area.
outside, in relation to a swimming pool barrier, means the side of
the barrier that faces away from the pool area.
(2) A reference in these guidelines to a measurement on the outside of
a swimming pool barrier is, in relation to a dividing barrier, a
reference to a measurement on the inside of the dividing barrier.
(3) These guidelines do not require any action to be taken by any
person on adjoining premises to ensure a dividing barrier complies
with the Community Safety Standard.
Swimming pool barrier
(1) The swimming pool barrier should be a permanent structure.
(2) The swimming pool barrier should have the effect of isolating the
swimming pool from the main entrance to the premises at which the
swimming pool is situated and from any other means of access to
the premises.
(3) Driveway gates should not be used as part of the swimming pool
barrier.
(4) The swimming pool barrier must be high enough to prevent a child
from gaining unsupervised access to the swimming pool (unless
subclause (5) applies – approximately 1.2 m at all points measured
vertically from the outside of the barrier).
(5) If the swimming pool barrier is made of chainmesh, the height of the
swimming pool barrier should be approximately 1.7 m at all points
measured vertically from the outside of the swimming pool barrier.
(6) All horizontal rails should be a suitable distance apart (a minimum
of approximately 900 mm) or have some means of preventing a
child from gaining unsupervised access to the swimming pool.
(7) Apertures in the swimming pool barrier should not be greater than
approximately 100 mm.
Part 4 Miscellaneous
Swimming Pool Safety Regulations 2004 15
3. Use of part of perimeter boundary as swimming pool barrier
Although section 11(2) of the Act precludes the whole of a
perimeter boundary from being used as a swimming pool barrier, it
does not prevent any part of the perimeter boundary that forms a
dividing barrier from being used as a swimming pool barrier.
4. Gates in swimming pool barriers
(1) Any gate that forms part of the swimming pool barrier should open
away from the swimming pool and should automatically self-close
and self-latch (including when at rest on the latching mechanism).
(2) The latching release mechanism should be a minimum of
approximately 1.5 m from the ground, and a minimum of
approximately 1.4 m from the highest point of the lower horizontal
part of the swimming pool barrier, measured vertically on the
outside of the swimming pool barrier.
(3) Double gates are not suitable to form part of the swimming pool
barrier.
(4) At no time should any gate forming part of the swimming pool
barrier be propped open.
5. Doors in swimming pool barriers
(1) Any door that forms part of the swimming pool barrier should
automatically self-close and self-latch (including when at rest on the
latching mechanism).
(2) The release for the latching device, or the bottom of the door
handle, should be a minimum of approximately 1.5 m measured
vertically above the ground level.
(3) Double doors are not suitable to form part of the swimming pool
barrier.
6. Windows in swimming pool barriers
Any window that forms part of the swimming pool barrier should not
have an unscreened gap of more than approximately 100 mm that
is accessible by a child.
7. General safety matters
(1) Vegetation within the premises at which the swimming pool is
situated that could assist a child to gain unsupervised access to the
swimming pool should be cleared to a distance of approximately
1.2 m.
Part 4 Miscellaneous
Swimming Pool Safety Regulations 2004 16
(2) Objects that might assist a child to climb over the swimming pool
barrier to gain unsupervised access to the swimming pool should
not be placed against or close to the swimming pool barrier.
ENDNOTES
Swimming Pool Safety Regulations 2004 17
ENDNOTES
1 KEY Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Swimming Pool Safety Regulations (SL No. 5, 2004)
Notified 16 March 2004
Commenced 15 March 2004 (r 2, s 2 Swimming Pool Safety Act 2004 (Act
No. 13, 2004) and Gaz S7, 16 March 2004)
Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)
Assent date 12 July 2013
Commenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)
Lands, Planning and Environment Legislation Amendment Act 2025 (Act No. 25, 2025)
Assent date 12 September 2025
Commenced pt 6: nc; rem: 13 September 2025 (s 2(1))
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: r 1 and sch 1.
4 LIST OF AMENDMENTS
r 3 amd Act No. 25, 2025, s 57
rr 7 – 8 amd Act No. 25, 2025, s 57
rr 10 – 11 amd Act No. 25, 2025, s 57
rr 14 – 15 amd Act No. 28, 2008, s 3; Act No. 23, 2013, s 12
rr 16 – 17 amd Act No. 25, 2025, s 57
r 21 rep Act No. 25, 2025, s 55
sch 1 amd Act No. 23, 2013, s 12
rep Act No. 25, 2025, s 56