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Council is required to address issues arising about private and public swimming and spa pools in Tweed Shire. The following legislation State applies to the operation of swimming pools and spa pools:
  • Swimming Pools Act 1992
  • Swimming Pools Regulation 2008
  • Public Health Act 2010
  • Public Health Regulation 2012
The Public Health Regulation 2012 controls the public health risk associated with public swimming and spa pools.

New Mandatory Swimming Pool Barrier Inspection Program

Council has developed a program for the inspection of swimming pool barriers in Tweed Shire, following community consultation late last year.

Recent changes to the NSW Swimming Pool Act introduced requirements for new mandatory swimming pool barrier inspection programs in each local government area.

Council was required to consult with its community to develop and implement a swimming pool barrier inspection program which is appropriate and affordable for the Tweed community.

The policy has introduced a program of targeted inspections. An inspection may be conducted for a number of reasons, including:

  • The pool barrier is the subject of a complaint or Council received information to barrier is not compliant with regulations.
  • Council receives a request from the owner to inspect the pool barrier
  • The premises is subject to a Building Certificate application, a Development Application or a Complying Development Certificate
  • Council is informed the swimming pool has been removed from the state register
  • The premises has tourist or visitor accommodation or more than two dwellings, including caravan parks.

Fees apply to the inspection of pool fencing in accordance with Council's fees and charges. Please note that the application fee and the reinspection fee will both be charged on submission of an application. This requirement acknowledges that 99% of swimming pool fencing applications are failing the first inspection, and charging the reinspection fee upfront benefits all parties. Should only one inspection be necessary, a refund of $100 will be provided.

Click here (201kB PDF) to see the results of a community survey conducted by Council to help develop the inspection program for Tweed Shire.

An inspection program is intended to increase the safety of children under the age of five around swimming pools and spas.

Under the amended Act, private swimming pool owners were required to electronically register and self certify their pools with the State-based register before 29 October 2013. However, pool owners can still register by visiting the online Pool Registration Service. Owners who have not registered their pools could be fined up to $2200.

Please click on the headings below to expand/collapse the corresponding information.

Council obligations under the new Act
Pool owners’ obligations
Inspection program policy
More information

Legal Requirements - Swimming Pool Safety Fencing

Swimming pool fencing is required for all pools in accordance with AS1926.1 Swimming Pool Safety, Part 1: Safety barriers for swimming pools. In NSW, there are legal requirements for pool fencing and other approved child-resistant barriers to be installed around all swimming pools and spa pools. These laws apply to all outdoor and indoor pools both in ground and above ground which are capable of being filled with water to a depth of 300 millimetres or more and penalties apply for failing to comply with these requirements. The owner of a property is responsible for ensuring that their swimming pool complies with the Swimming Pools Act and Council officers have the ability to issue a Penalty Infringement Notice or a Notice to direct a the owner to comply with these requirements. These requirements can also apply to some inflatable swimming pools so please be aware of this if you already own one or are thinking of purchasing one. The occupier of a premise also has responsibilities in regard to the Swimming Pools Act.

The legislation and full requirements are very detailed, so pool owners are advised to refer to the Swimming Pools Act 1992, the Swimming Pools Regulation 2008 and Australian Standard AS 1926.1 for the complete requirements. A pool owner may, by application, elect to upgrade their pool fencing to current fencing requirements but lawfully are required to comply with the rules in force (in most situations) at the time the pool was built.

Who to contact: Council’s Building and Environmental Health Unit (02) 6670 2400

Further information and Guides: Please see The Office of Local Government website.

Last Updated: 05 January 2017