Swimming Pool Safety Act 2004

1.1 This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.

2.1 Application of Act.

2.1.1 These Act dose not apply in relation to a swimming pool that is situated
On an area of land occupied by the crown, a statutory corporation, a Council or the Jabiru Town Development Authority.

2.1.2 This Act applies to a swimming pool on properly occupied by the crown, a statutory corporation, a Council or the Jabiru Town Development Authority if that property is used solely as a residential building.

3.1 Swimming Pool Safety Act includes the safety requirements.

a) The pool shall not be filled, or allowed to be filled, with water until the pool is enclosed by a child resistant barrier (safety fence) installed in accordance with AS 1926.1 1993 Swimming pools.

b) All doors and gates providing access to the swimming pool shall be adequately maintained and kept securely closed at all times when they are not in actual use.

c) Adequate means of egress from the pool shall be provided (e.g.steps, swimm out. ladder).

d) Care should be taken to ensure that any pool chemicals are stored and handled in accordance with the manufactures recommendations.

Noise Pollution includes following Acts:

1. Environmental Protection Act 1990.
2. Control of Pollution Act 1974.
3. Noise Act 1996.
4. The Environmental Protection (Noise) Regulations 1997.

The Environmental Protection (Noise) Regulations 1997 are the prescribed regulations for noise under the Environmental Protection Act 1986. The regulations deal with noise passing from one premise to another.

Any potential noise-generating motor, equipment or machinery associated with or forming part of a swimming pool water treatment system, shall be located so as not to cause a noise nuisance for neighbors. These items must be capable of being operated in accordance with the noise requirements of the Protection of the Environment Operations Act 1997.

Should the noise- generating item not be located an adequate distance from adjoining occupancies, the item shall be acoustically treated to reduce noise levels to an acceptable level.

Swimming Pool Regulation 1998.

Under the Swimming Pools Act 1992

1. Commencement

This Regulation commences on 1 September 1998.

2. Definitions

(1) In this Regulation:

AS 1926 means the standard published by the Standards Association of Australia, numbered AS 1926-1986 and titled Fences and Gates for Private Swimming Pools, as published on 4 August 1986.

Child Safe means:

( a ) in the case of a door€”being of substantial construction and (when the door is locked, latched, bolted, chained or otherwise secured) having no opening below 1.5 meters above finished floor level (either in the door or between the door and the doorway) through which it is possible to pass a standard test bar, and

(b) In the case of a window€”being of substantial and being so fixed (by means of a keyed locking device or other child-resistant device) that it has no opening through which it is possible to pass a standard test bar, and

(c) In the case of a wall€”being of substantial construction. having vertical sides and having a height of at least 1.2metres and (in the case of a wall which has above its top a gap of 105 millimeters or more) having no footholds wider than 10 millimeters within 1.1 meters of the top of the wall, and

(d) In any other case€”being of substantial construction and having no opening through which it is possible to pass a standard test bar.

Department means the Department of Local Government.

Director-General means the Director-General of the Department.

Standard test bar means a round bar having a diameter of 105 Millimeters, plus or minus 1 millimeter.

The Act means the Swimming Pools Act 1992.

(2) In this Regulation. a reference to finished floor level. in relation to a door or window, is a reference to the finished floor level or finished ground level at the base of the door or window.

(3) In this Regulation, a reference to a numbered form is a reference to a form so numbered set out in Schedule 1.

Environment Protection Act 1993 includes Disposal of Swimming Pool Backwash Water.

Swimming pool water contains a range of treatment products such as chlorine, salt and acid, and filtration media (sand, diatomaceous earth). In addition, the water contains dirt particles (sediments), wind-blown materials such as leaves and lawn cuttings, as well as body oils, sunscreen residues and potentially harmful bacteria.

In the normal operation of swimming pools, these materials are collected by the filtration system and captured or contained in the filter. To work efficiently, swimming pool filters need to be cleaned by backwashing all the captured materials out of the filter. South Australian legislation prohibits the disposal of backwash water from swimming pools into the storm water system as it can harm our creeks, rivers, lakes and coastal waters.

The principal legislation addressing pollution in South Australia is the Environment Protection Act 1993 (the Act). In particular, section 25 imposes the general environmental duty on all persons undertaking an activity that may pollute, to take all reasonable and practicable measures to prevent or minimize any resulting environmental harm.

The Environment Protection (Water Quality) Policy 2003 (Water Quality Policy) offers the most specific protection for the state€™s waters. The Water Quality Policy prohibits the pollution of the storm water system and our natural waters. It has general obligations with which every person, business and industry must comply, as well as specific obligations for particular activities. Failure to comply with any of these obligations may result in a $300 fine, Environment Protection Order, and/or prosecution.
Clause 17 (1) of the Water Quality Policy states that a person must not discharge or deposit a pollutant listed in Part 1 of Schedule 4 of the Policy into any waters or onto land where it might enter any waters. The pollutants listed in Schedule 4 Part 1 include:
• pool backwash water
• Pool chemicals. You are also obliged under the Public and Environmental Health Act 1987 (Section 18) not to discharge waste in a public place. More specifically, under the Code of Practice for Swimming Pools, developed by the South Australian Health Commission, you must dispose of filter

Backwash water in a way that does not create an offensive situation or nuisance and that is not injurious to health.

Disposal of backwash water

In areas connected to the sewerage system, backwash water from all swimming pools can be directed to a sewerage drainage point. New swimming pools should be permanently connected to the sewer at the time of installation or construction, and with approval from SA Water telephone 1300 650 950.
In areas served by a septic tank effluent disposal scheme (STEDS), approval must be granted by the local council operating the STEDS before a permanent connection can be installed. Any backwash water is to bypass the septic tank and be discharged to the drain between the septic tank and the common effluent drain. Under no circumstances should backwash water be discharged into the septic tank.

In unsewered regions, backwash water is to be discharged to a grassed, vegetated or garden area, or a stone-filled trench either open to the surface or underground (similar to a septic tank absorption field). Any surface run-off resulting from the discharge should be contained within the property boundaries.

Backwash water can be discharged to the garden or lawn as a source of irrigation. Salt chlorinated pool water will require salt tolerant plant species, and it is advisable to occasionally water the area with clean, good quality water. (See attached plant list for salt-tolerant species.

Fencing of Swimming Pools Act 1987

The Fencing of Swimming Pools Act 1987 requires that the pool is NOT filed or partly filled with water until such time as the pool or immediate pool area complies with the Act and compliance has been confirmed by a visit from the Council Officer.


a) Fences and gates shall be so designed and constructed that at any point along their length the fence will present an effective barrier to young children.
b) Agate incorporated in a child-resistant barrier (safety fence) must be a minimum 1.2m high, be fitted with a device which will return the gate to a closed position, and operate the latching device from any position with a stationary start, without the application of manual force.

Each gate shall be fitted so it will only swing outwards away from the pool area.
c) Double gates are nit acceptable construction for a self-closing and self-latching gate.
d) A padlocked gate is not an acceptable alternative for a self-latching gate.
e) The maximum allowable gap between the base of the child-resistant barrier (safety fence) and the finished ground/pavement surface level is 100 mm.
f) Each child-resistant barrier (safety fence) shall be inspected and approved by Council€™s Building Surveyor or private accredited certifier (as applicable) prior to the pool being filled with water.
g) Dividing/boundary fences forming part of the child-resistant barrier shall also comply with the requirements of AS 1926.1 1993.
h) Where the rails for the dividing/boundary fences are located on the adjoining neighboring property they are to comply with the requirements