Under the Swimming Pool Safety Act 2004 all pools/spas built/constructed/installed after 1 January 2003 on a small property (less than 1.8 hectares) must hold a Compliance Certificate.

PART 1 – Before Construction

Before a Contractor begins to construct a swimming pool/spa, the contractor must notify the Swimming Pool Safety Authority of the construction commencement date. Contractors will simply need to fill in the “Contractor Notification” (N2) form and send to the Water Safety Branch. Failure to notify the Swimming Pool Safety Authority will attract penalties under section 15 of the Swimming Pool Safety Act.

If the offender is a natural person – 10 penalty units ($1,100)
If the offender is a body corporate – 100 penalty units ($11,000)

PART 2 – During and After Construction

Contractors must ensure that the construction of the swimming pool or spa is in accordance with the particulars and conditions on the Interim Compliance Certificate for that property. Failure to ensure construction is in accordance with the Interim Compliance Certificate will attract penalties under section 15 of the Swimming Pool Safety Act.

If the offender is a natural person – 10 penalty units ($1,100)
If the offender is a body corporate – 100 penalty units ($11,000)

PART 3 – Recommended Action

To work within the new Act it is recommended that a contractor:

1. Obtain a copy of the Interim Compliance Certificate from the property owner before commencing construction of the pool/spa;
2. Ensure that they are able to construct the pool in accordance with the Interim Compliance Certificate;
3. Fill in and submit “Contractor Notification” (N2) form and send to the Water Safety Branch; and
4. Construct the pool or spa in accordance with the Interim Compliance Certificate.

If the owner issued with the Interim Compliance Certificate constructs the swimming pool, the obligations imposed on the contractor by this section are imposed instead on the owner.

Where can I get more advice?

Free advice and assistance is available from a Pool Safety Adviser on 1300 301 059 or by email to watersafety@nt.gov.au.