Tamworth Regional Council v Scott Arron Wynn-Taylor and Kerrie Alison Wynn-Taylor [2005] NSWLEC 757

Land and Environment Court of New South Wales

CITATION : Tamworth Regional Council v Scott Arron Wynn-Taylor and Kerrie Alison Wynn-Taylor [2005] NSWLEC 757

APPLICANT Tamworth Regional Council

PARTIES : RESPONDENTS Scott Arron Wynn-Taylor and Kerrie Alison Wynn-Taylor

FILE NUMBER(S) : 40907 of 2005

CORAM: Preston CJ

Swimming Pools :- statutory requirement for child resistant barrier to surround swimming pool - statutory requirement to erect instructional posters - breaches of statutory requirements - appropriate orders to remedy and restrain breaches KEY ISSUES:

Land and Environment Court Act 1979 s 20(1)(c), s 20(1)(d) LEGISLATION CITED: Swimming Pools Act 1992 s 4, s 6, s 7, s 7(1)(a), s 7(1)(b), s 7(1)(c), s 8, s 8(2), s 9, s 10, s 17, s 17(1), s 23, s 30 (1), s 30 (2), s 30 (3), Swimming Pools Regulation 1998 reg 9

DATES OF HEARING: 19/12/2005 EX TEMPORE JUDGMENT DATE : 12/19/2005

APPLICANT Mr A E Singh (Solicitor) SOLICITORS LEGAL REPRESENTATIVES: Everingham Solomons

RESPONDENTS No appearance

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Preston J

Monday 19 December 2005

05/40907

TAMWORTH REGIONAL COUNCIL v SCOTT ARRON WYNN-TAYLOR

JUDGMENT

HIS HONOUR:

JUDGMENT 1 HIS HONOUR: The applicant, Tamworth Regional Council ("the Council"), brings these proceedings to remedy and restrain breaches of the Swimming Pools Act 1992 ("the Act") by the respondents, Mr Scott Wynn-Taylor and Ms Kerrie Wynn-Taylor also known as Ms Kerrie Buchanan. The breaches consist of not restricting access to an outdoor swimming pool on the respondents' premises on which a residential building is located in accordance with the requirements of the Act and not erecting certain instructional posters on resuscitation at the premises. Jurisdiction of the court 2 The Council is authorised pursuant to s 30(1) of the Act to bring the proceedings in this Court to remedy or restrain a breach of the Act. Such proceedings are assigned to Class 4 of the Court's jurisdiction: ss 20(1)(c and d) of the Land and Environment Court Act 1979. If the Court is satisfied that a breach of the Act has been committed, the Court may make such order as it considers appropriate to remedy or restrain the breach: s 30(2) of the Act. Such order may require the erection and installation of such structures (such as fencing, doors, gates or locks, latches or other safety devices) in compliance with the requirements of the Act, or may require the taking of such other action as the Court may specify in the order: s 30(3) of the Act. The obligations under the Act 3 The Act applies, inter alia, to outdoor swimming pools that are situated on premises on which a residential building is located: s 4 of the Act. 4 A "swimming pool" is defined in the Dictionary to the Act to mean: