Western Australian Consolidated Regulations

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HEALTH (AQUATIC FACILITIES) REGULATIONS 2007 - REG 9

9 .         Approval of construction, alteration or extension of an aquatic facility

        (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.



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