Alice Springs (Private Swimming Pool) By-laws (NT)

NORTHERN TERRITORY OF AUSTRALIA

ALICE SPRINGS (PRIVATE SWIMMING POOLS) BY-LAWS

As in force at 17 October 1990

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Citation2 — Crown to be bound3 — Definitions4 — Application5 — Entry and inspection by authorized persons6 — Notice to comply7 — Council may do work8 — Council to defer work until appeals determinedENDNOTES northern territory of australia

northern territory of australia

This reprint shows the Alice Springs (Private Swimming Pools) By-laws as in force at 17 October 1990.  Any amendments that commence after that date are not included.

Alice Springs (Private Swimming Pool) By-Laws

Alice Springs (Private Swimming Pool) By-laws under the Local Government Act

1Citation

These By-laws may be cited as the Alice Springs (Private Swimming Pool) By-laws.

2Crown to be bound

These By-laws bind the Crown in right of the Territory.

3Definitions

In these By-laws, unless the contrary intention appears:

authorized person means a person appointed pursuant to section 82 of the Act for the purpose of enforcing by-laws of the Council;

Council means the Alice Springs Town Council;

private swimming pool means a place, structure, building or excavation installed, constructed or maintained for the purpose of swimming, wading or similar activities (other than such a place, structure, building or excavation installed, constructed or maintained by the Council for use by the public ) and includes a spa pool;

small child means an infant who has not attained the age of 5 years.

4Application

These By-laws apply to and in relation to every private swimming pool in the municipality of Alice Springs, other than a private swimming pool:

• (a)

  the surface of the water in which, when filled, is less than 5m² in area;

• (b)

  that cannot be filled with water to a depth greater than 300 mm; and

• (c)

  that is of a portable nature.

5Entry and inspection by authorized persons

• (1)

  Where an authorized person believes, on reasonable grounds, that there is on any land or in any premises a private swimming pool which is or may be a danger to unsupervised small children because of its accessibility to them, the authorized person may, pursuant to section 235 of the Act, enter onto and inspect the land or premises and private swimming pool (if any).

• (2)

  If after an inspection under clause (1) the authorized person considers that the owner of the swimming pool is not taking reasonable measures to ensure that the pool is not a danger to unsupervised small children on the land or premises, whether or not those children are trespassers, the authorized person shall report that fact to the Council and recommend measures to be taken to ensure that the pool will, after the measures have been taken, no longer be such a danger.

6Notice to comply

• (1)

  The Council may, if it concludes after considering a report and recommendations under by-law 5(2) that the owner of a private swimming pool is not taking measures of a kind referred to in that by-law, serve on the owner of the private swimming pool or, where the owner of the pool is not after reasonable inquiry known to the Council, the owner of the land on which or premises in which the pool is situated, a notice in writing requiring the owner to carry out, within the time specified (being no sooner than 30 days after service of the notice), the measures specified in the notice, being measures which, in the opinion of the Council, are necessary in the circumstances.

  Penalty:          $500 or imprisonment for 6 months.

• (2)

  A notice under clause (1) is not invalid by reason only that it requires measures to be taken that are other than those recommended under by-law 5(2) by an authorized person.

7Council may do work

• (1)

  Where a person on whom a notice under by-law 6 has been served fails to comply with the notice within the time specified or within such further time as the Council, in writing, allows, the Council may carry out or cause to be carried out the necessary work.

• (2)

  The costs and expenses reasonably incurred by the Council in exercising its powers under clause (1) shall be a debt due and payable to the Council by the owner of the private swimming pool or the owner of the land or premises, as the case may be.

8Council to defer work until appeals determined

Where a person appeals to the Tribunal under section 219(1) of the Act before the expiry of the time specified by the Council as being the time in which work specified in a notice under by-law 6 is to be carried out, that time is deemed to be extended until the final determination of the appeal.

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

Alice Springs (Private Swimming Pool) By-laws (SL No. 45, 1988)
Notified	16 November 1988
Commenced	16 November 1988
Amendments of Alice Springs (Private Swimming Pool) By-laws (SL No. 46, 1990)
Notified	17 October 1990
Commenced	17 October 1990

• 3

  LIST OF AMENDMENTS

bl 5                    amd No. 46, 1990