In 2012, a comprehensive review of the Swimming Pools Act 1992 was finalised. This review identified a number of amendments designed to enhance the safety of children under the age of five years around private (‘backyard’) swimming pools in NSW.
The Swimming Pools Amendment Act 2012 commenced on 29 October 2012 and makes a number of amendments to the Swimming Pools Act 1992. Additional information about the staged implementation provisions is also provided below.
The staged implementation of the Swimming Pools (Amendment) Act 2012 can be summarised as follows:
- NSW Swimming Pools Register commences on 29 April 2013
- NSW Swimming pools to be registered by owners by 29 October 2013
- Pool owners require a compliance certificate before sale or lease of their property from 29 April 2014
If you have a swimming pool, or know someone who has a swimming pool, please note that you should now commence registering your swimming pool with your local council.
To register a pool, pool owners will need to know:
- Address of the pool/spa.
- The type of property such as a private residence, multi-occupancy (units etc) or tourist and visitor accommodation.
- If the property is on a waterfront, land greater than 2 hectares or less than 230 square metres.
- When the pool/spa was built (3 choices of date range's apply).
- If the pool barrier has been substantially modified or rebuilt and when that took place (3 choices of date range apply).
Pool owners have six months (until 29 October 2013) to register their swimming pool. Penalties will then apply for failing to register.
From 29 April 2014. if you are a a pool owner, you must obtain a Swimming Pool Compliance Certificate before you can sell or lease your property. From a conveyancing perspective, this is the most important aspect of the legislation.
If you have any queries regarding the obligations imposed by these amendments, please contact First State Conveyancing.
