Health (Aquatic Facilities) Amendment Regulations 2009 (WA)

1998 GOVERNMENT GAZETTE, WA 8 December 2009

HEALTH

HE301*

Health Act 1911

Health (Aquatic Facilities) Amendment

Regulations 2009

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Health (Aquatic Facilities) Amendment Regulations 2009.
2.	Commencement These regulations come into operation as follows —

dwelling for the exclusive occupation of the occupant;

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

3.            Regulations amended

These regulations amend the Health (Aquatic Facilities) Regulations 2007.
4.	Regulation 4 amended In regulation 4 insert in alphabetical order:

dwelling unit means a room or suite of rooms, and any
associated parts of a building, constituting a single

8 December 2009 GOVERNMENT GAZETTE, WA 4999

residential lot means a lot used, or intended to be used,
as a place of residence, but does not include a lot used,
or intended to be used, in the course of carrying on a
business of providing holiday or temporary
accommodation for persons away from their normal
place of residence;

5.            Regulation 5 amended

(1) In regulation 5(2):

(a) in paragraph (a) delete "lots;" and insert:

lots, each of which is a residential lot:

(b) after paragraph (a) insert:

(ba) an aquatic facility, that is part of a complex that

consists of or includes dwelling units, if-

(i)     there are less than 30 dwelling units in the complex; and

(ii)     only long-term residents of the complex and their guests are permitted to have access to the aquatic facility;

(c) in paragraph (c) delete "body." and insert:

body;

(d) after paragraph (c) insert:

(d) an aquatic facility that is exempt under

(2) After regulation 5(2) insert:  subregulation (3).

(3) The EDPH may exempt an aquatic facility for the

purposes of subregulation (2)(d) if satisfied that -

(a)	only persons who have a long-term connection with the facility and their guests are permitted to have access to it; and
(b)	the health and safety of persons using the facility will not be compromised; and

(c) it is in the public interest to exempt the facility.

5000 GOVERNMENT GAZETTE, WA 8 December 2009

6.            Regulation 15 amended

After regulation 15(3) insert:

(4) Subregulation (5) applies to and in relation to an

aquatic facility if—

(a)

the facility was in use, to some extent, during 1 October 2007; and

(b) there is no certificate of compliance in force in respect of the facility.

(5) If this subregulation applies, the EDPH may issue a
certificate of compliance for the facility even though
not satisfied as required by subregulation (3) if
satisfied that the health and safety of persons using the
facility will not be compromised and that there is a
public interest in issuing the certificate of compliance.

7.            Regulation 21 amended

(1) In regulation 21(1 )(a) delete "officer" and insert:

officer, or a person under the direction of an

environmental health officer,

(2) After regulation 2 1(1) insert:

(2A) For the purposes of subregulation (1)(a), a person is

under the direction of an environmental health officer if
the person is under the regular and frequent, but not

necessarily continuous and personal, supervision of the

officer. PETER CONRAN, Clerk of the Executive Council.

By Command of the Governor,