Western Australian Consolidated Regulations (1) The EDPH may grant
the occupier approval to construct, alter or extend the aquatic facility if
satisfied that the facility to be constructed, the part of the facility to be
altered or the extension would comply with the requirements of the Code as in
force at the time of the application.
(2) The EDPH may grant
the occupier approval to construct, alter or extend the aquatic facility even
though not satisfied as required by subregulation (1) if satisfied that
the health and safety of persons using the facility will not be compromised
and that either —
(a) the
function and performance of those parts or aspects of the facility to be
constructed or altered or of the extension that do not comply with the
requirements of the Code as required by subregulation (1) is the same as,
or better than, that which is required by the Code for that part or aspect; or
(b)
there is a public interest in approving the construction, alteration or
extension.