South Australian Consolidated Regulations South Australian Consolidated Regulations (1) For the purposes
of the definition of "new prescribed requirements in section 71AA of the
Act, the following requirements are prescribed:
(a) in
relation to a prescribed swimming pool—the requirements set out in
Minister's Specification SA 76 D;
(b) in
relation to a swimming pool other than a prescribed swimming pool—the
requirements relating to the construction and safety of swimming pools under
the Building Code , as in force at the time the application for a relevant
consent or approval was made (being an application that related to the
construction of the swimming pool or to some other form of building work where
swimming pool safety features are relevant).
(2) For the purposes
of section 71AA of the Act, the transfer of title to land where a
swimming pool is situated is prescribed as constituting a
"prescribed event".
(3) For the purposes
of the definition of "swimming pool safety features in section 71AA of
the Act, the following structures and equipment are prescribed (insofar as are
relevant to the particular circumstances taking into account the provisions of
the Building Code ):
(a)
fences;
(b)
barriers;
(c)
water recirculation systems;
(d)
secondary outlets from a swimming pool;
(e)
warning notices.
(4) Pursuant to
section 71AA(2) of the Act, the owner of a prescribed swimming pool must
ensure that swimming pool safety features are installed in accordance with the
new prescribed requirements before the occurrence of a prescribed event.
(5) For the purposes
of this regulation—
(a) if a
formal settlement forms part of the processes associated with a transfer of
title to land, the title will be taken to be transferred at the time of
settlement; and
(b) the
transfer of the interest of—
(i)
a unit holder of a unit under the
Strata Titles Act 1988 ; or
(ii)
an owner of a community lot under the Community Titles
Act 1996 ; or
(iii)
an occupant of a unit in a building unit scheme,
will be taken to be a transfer of title of land; and
(c) land
will be taken to include a unit under the Strata Titles Act 1988 , a
community lot under the Community Titles Act 1996 and a unit in a
building unit scheme.
(6) This regulation
takes effect on 1 October 2008.