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11 June 2020

Register Your Backyard Pool or Spa With Your Local Council by 1 November 2020 For a One-Off Fee of Up to $79

Deadlines for inspection and lodgement of certificate of barrier compliance

Pools and spas constructed before 1 November 2020

 Pool/spa construction date Compliance certificate must be lodged by:
On or before 30 June 1994  1 June 2022
From 1 July 1994 until 30 April 2010  1 June 2023
From 1 May 2010 until 31 October 2020  1 June 2024


You are required to lodge a certificate of barrier compliance every 4 years. Check with your local council for exact dates.

Pools and spas constructed on or after 1 November 2020

Your first certificate of barrier compliance will be due within 30 days of occupancy permit or certificate of final inspection. This certificate must accompany your application for registration.

Your next certificate of compliance is due 4 years after registration. Check with your local council for exact dates.

For more information, visit the Victorian Building Authority (VBA) website HERE

 

26 May 2020

Government Extends Pool & Spa Registration Deadline to 1 November 2020

The Victorian Government is extending the deadline for the mandatory registration of private pools and spas due to the impacts of coronavirus.

Private pool and spa owners now have until 1 November 2020 to register their pools with their local council – an extension of five months from the original 1 June deadline.

Swimming Pool & Spa Association of Victoria (SPASAVIC) CEO, Chris Samartzis, says, “With the current Covid-19 environment causing people duress, extending the timelines for people to have their pools and spas registered is a welcomed response. We urge all pool and spa owners to register with their local councils by the 1st of November. It is a simple process that will provide a safe environment to enjoy the backyard pool or spa.”

The new deadline is an acknowledgement of the extra pressure on families and the increased workload on councils due to the pandemic.

Minister for Planning, Richard Wynne says, “We know many people are doing it tough and this gives owners and councils more time to comply with the new regulations ahead of next summer. Pool and spa ownership is a choice and with that choice comes the responsibility of making sure they are safe.”

The Government introduced new regulations in December last year to make swimming pools and spas safer and prevent young children from drowning.

These changes require owners to register their pools and spas with their local council with a one-off fee of up to $79.

Once registration is complete, the council will inform the pool owner of the date by which they must organise their first inspection and certification of their barrier – the deadline for owners to lodge their first barrier certification will also be extended.

In addition, owners must have a registered building surveyor or inspector certify the continuing compliance of their safety barrier every four years.

Owners who fail to register their pool or spa with their council by 1 November 2020 may face an on-the-spot fine of $330.

SPASAVIC Media Release - More Time To Get Your Pool Registered - 26 May 2020

See Media Release from Minister for Planning Richard Wynne HERE

For more information on the Victorian Government’s pool safety reforms, visit vba.vic.gov.au

 

29 November 2019

New Laws to Improve Swimming Pool and Spa Safety

On 1 December 2019, new laws to improve swimming pool and spa safety will come into effect in Victoria.

As of 1 December 2019, it will be mandatory for owners of land where a swimming pool or spa is located, to register their pool or spa with their relevant council. In addition, owners are now required to obtain and lodge a compliance certificate for the safety of their pool or spa barrier every four years.

Owners will need to engage a registered building surveyor or building inspector to carry out an inspection and issue the compliance certificate.

Once a pool or spa is registered, the local council will notify owners of the due date for the first certificate of pool barrier compliance. Owners are required to arrange an inspection and lodge the certificate with their local council by the due date.

SPASA Victoria CEO, Chris Samartzis, applauds the Andrews Government for bringing in this new legislation that will ensure the safety of all Victorians.

“Backyard pool and spa owners can now relax and enjoy the fantastic lifestyle that comes with pool and spa ownership, knowing that their wonderful asset will now be safer than ever. This legislation will help focus attention on a critical component of pools and spas. The regulations allow for a low-cost environment to deal with mandatory barrier inspections and we applaud the state government for a well thought out piece of legislation.” says SPASA Victoria CEO, Chris Samartzis.

Registration of pools and spas

Victorian backyard pool and spa owners have until 1 June 2020 to register their pool or spa with their local council. The fee that a council can charge is $31.84.

For pools and spas constructed prior to 1 June 2020 that have an unknown construction date, an information search fee may be charged, up to $47.24.

Pools and spas constructed after 1 June 2020 must be registered within 30 days after issue of occupancy permit or certificate of final inspection.

Inspection and lodgement of certificate of barrier compliance for pools and spas

  • For pools and spas constructed on or before 30 June 1994, a certificate of barrier compliance must be lodged by 1 June 2021
  • For pools and spas constructed between 1 July 1994 and 1 May 2010, a certificate of barrier compliance must be lodged by 1 June 2022
  • For pools and spas constructed between 1 May 2010 and 31 May 2020, a certificate of barrier compliance must be lodged by 1 June 2023

For pools and spas constructed on or after 1 June 2020, a certificate of barrier compliance is due within 30 days of occupancy permit or certificate of final inspection. This certificate must accompany an application for registration. The next certificate of compliance is due four years after registration.

Hefty fines will apply for pool and spa owners who do not register their pool or spa.

The fee for lodging a certificate of pool and spa barrier compliance will be up to a maximum of $20.50, with certificates of compliance being required to be lodged once every four years.

Pool owners will have 60 days to bring their pools into compliance, if an inspector identifies any non-compliant safety concerns.

These new regulations also introduce a new class of registered building inspector: Building Inspector (Pool Safety). This new class of building inspector will be limited to carrying out inspections and associated functions for the purposes of the new regulations only.

The state government introduced this new scheme after numerous coronial investigations found that un-maintained and non-compliant pool barriers had contributed to the deaths of children in backyard pools.

The Victorian Coroner recommended strengthened pool safety laws after investigating several drowning cases.

“As the peak body of the swimming pool and spa industry in Victoria, SPASA Victoria is delighted that these new safety measures will increase the enjoyment of pool and spa ownership for all Victorians”, said SPASA Victoria CEO, Chris Samartzis.

For more information visit www.vba.vic.gov.au/consumers/swimming-pools

SPASA Victoria Media Release - New Laws to Improve Swimming Pool and Spa Safety - 29 November 2019

Victorian Government Media Release - Keeping Kids Safe With New Pool Safety Regulations - 29 November 2019

 

1st August 2019

Backyard Swimming Pools Just Got a Whole Lot Safer and More Enjoyable in Victoria!

From 1st December this year, local councils will register all backyard pools and spas in their area, with property owners being required to submit a current certificate of compliance for their pool or spa safety barrier.

SPASA Victoria CEO Chris Samartzis, applauds the Andrews Government for bringing in this new legislation that will ensure the safety of all Victorians. “Backyard pool and spa owners can now relax and enjoy the fantastic lifestyle that comes with pool and spa ownership, knowing that their wonderful asset will now be safer than ever. Thank you Minister Richard Wynne,” says SPASA Victoria CEO, Chris Samartzis.

It is proposed that local councils will take charge of this mandatory registration scheme from December, with all pool owners required to contact their council by April 14 next year and pay the proposed small $37 registration fee.

Inspection certificates for all pools built before 1994 must be lodged by 30 October 2020. For pools built between 1994 and 2010, it is proposed that owners will have until 30 April 2021, with all pools built after 2010 requiring to be certified by 29 October 2021.

It is also proposed that councils will charge pool and spa owners a $20 fee to lodge their inspection compliance certificates, a process they will be required to undertake just once every three years. Households are also tipped to have 20 days to bring their pools into compliance if an inspector identifies any safety concerns.

The state government introduced this new scheme after numerous coronial investigations found that un-maintained and non-compliant pool barriers had contributed to the deaths of children in backyard pools.

The Victorian Coroner recommended strengthened pool safety laws after investigating several drowning cases.

“As the peak body of the swimming pool and spa industry in Victoria, SPASA Victoria is delighted that these new safety measures will increase the enjoyment of pool and spa ownership for all Victorians”, said SPASA Victoria CEO, Chris Samartzis.

Read SPASA Victoria's Media Release HERE

 

21 September 2018

The Swimming Pool & Spa Association of Victoria is today elated at the State Government’s decision to implement a mandatory barrier inspection program in Victoria.

This decision comes after a long-running campaign by SPASA Victoria - and other leading industry stakeholders - who have stridently promoted the importance of a mandatory barrier inspection program in Victoria for many years.

It was only one year ago that SPASA Victoria - along with many other industry stakeholders – were surprised at the Government’s announcement of proposed new legislation which would have forced thousands of pool and spa owners to endure the inconvenience and expense of re-fencing their pool and/or spa areas for no guaranteed improved safety outcome.

“It is with great delight that the decision to implement a mandatory barrier inspection program in Victoria has been made by the Government. To their credit, the Andrews Government saw the logic and reason behind our advocacy. With the support of the opposition, the community and other leading industry stakeholders, this critical piece of legislation has now been officially passed in Parliament. Our advocacy and reasoning has been heard and acted upon. Thank you Minister Richard Wynne,” says SPASA Victoria CEO, Chris Samartzis.

After years of heavy media promotion along with highly strategic advocacy, the hard work and passion of those within the pool and spa industry has delivered a great result for Victoria.

SPASA Victoria Media Release - SPASA Victoria Claims Victory on Backyard Pool & Spa Safety

 

6th April 2018

SPASA Victoria Claims Victory On Long Running Pool & Spa Safety Campaign

As announced on Neil Mitchell’s 3AW Melbourne radio program this morning, SPASA Victoria are today elated at the State Government’s decision to implement a mandatory pool and spa barrier inspection program in place of the proposed retrospective barrier legislation.

This decision comes after a long-running campaign by SPASA Victoria - and other leading industry stakeholders - who have stridently promoted the importance of a mandatory pool and spa barrier inspection program in Victoria for many years.

It was only six months ago that SPASA Victoria - along with many other industry stakeholders - were shocked at the Government’s announcement of proposed legislation which would compel pool and spa owners to comply retrospectively with safety barrier laws, forcing thousands of people to endure the inconvenience and expense of re-fencing their pool and/or spa areas for no guaranteed improved safety outcome.

“It is with delight that the decision to implement a mandatory barrier inspection program and reverse the proposal of retrospective barrier legislation has been made by the State Government,” says SPASA Victoria CEO, Brendan Watkins.

“Today we have won the great safety debate. We are pleased that the Andrews Government has listened and respected the research, knowledge and experience of those within the pool and spa industry. After many years of being ignored on this topic, this is a victory for SPASA Victoria as well as all of the industry stakeholders. A mandatory pool & spa barrier inspection program will save lives.”


After years of heavy media promotion along with highly strategic behind-the-scenes advocacy, the hard work and passion of those within the pool and spa industry has finally paid off.

The Andrews Government will introduce this new legislation to parliament in June, and the new mandatory pool and spa register and inspection regime will be in place by the 2019 summer season.

Under this regulatory overhaul, households will need to register their pool or spa with their local council and declare their pool barriers compliant. A regular regime of inspections as frequent as every three years will then be enforced.

Victorian Government Media Release - Overhaul To Keep Kids Safe Around Pools And Spas
SPASA Victoria Media Release - SPASA Victoria Claims Victory - 6 April 2018​

_____________________________________________

4th April 2018

SPASA Victoria is Today Celebrating a Huge Win for Victorian Pool & Spa Owners - and the Industry as a Whole

The proposed ‘Retrospective’ pool barrier upgrade laws have been abandoned by State Government due to SPASA's extensive advocacy campaign.

The final decision on a mandatory barrier inspection program in Victoria will be announced shortly. It is hoped State Government continues to see merit in the significant safety enhancement provided by a regular inspection program of residential pool and spa barriers.


Six months ago SPASA - along with several industry stakeholders - was shocked at the Government’s announcement of draft legislation which was to compel pool and spa owners to comply with 'retrospective' safety barrier laws. It would have compelled many thousands of pool and spa owners to upgrade their barriers to comply to current regulations by 2020 - for no guaranteed improved safety outcome.

"By abandoning retrospective barrier laws, Minister Richard Wynne has made an informed decision that will save undue hardship on tens of thousands of Victorian pool and spa owners. The voice of reason has been heard. There is scant evidence that retrospective barrier laws would save lives. However, mandatory barrier inspections undoubtedly enhance toddler safety outcomes – this is clearly the legislation Government must introduce.

Government have got it half right – walking away from the unproven retrospective laws is sensible. The problem in Victoria is that pool fences aren’t being maintained. The majority of Australian pools and spas are covered by a mandatory barrier regime. It’s time for the Victorian Government to get on board," says Brendan Watkins, CEO of SPASA Victoria.

Wide Ranging New Victorian Building Regulations to Commence on 2 June 2018

Every ten years, Victorian legislation requires that existing building regulations be reviewed and remade - this process is known as “sunsetting”. In May 2017 the Victorian Government released a consultation version of new Building Regulations. SPASA Victoria provided information to members about this version last year and made a submission to Government in response to what was proposed.

The 10 Key Areas of Regulatory Change Are:

  1. New forms and further requirements to make sure that the permits, orders and notices include the information that is needed
  2. The Regulations have been modernised for the electronic use of documents for permits
  3. Updated requirements for the chief officer, RBSs and building practitioners in relation to documenting performance solutions
  4. New building permit reporting requirements commencing on 1 July 2019
  5. New obligations for the RBS to provide notice 30 days prior to a building permit lapsing to minimise lapsed permits
  6. Clear obligations on the RBS and the owner to inform the adjoining owner about protection work
  7. Introducing a new mandatory notification stage and inspections if the building work includes fire and smoke resistant building elements, which are lightweight construction in multi-storey residential buildings, and service penetrations in multi-storey residential and healthcare buildings. The Regulations also clarify the prescribed mandatory notification stages for demolition work or the construction of a pool
  8. The Regulations clarify the obligations of owners in relation to ESM maintenance, and encourage the uptake of maintenance schedules to simplify information for the owner. They also clarify the notification requirements in relation to pool barriers
  9. As-of-right construction of a Class 10a building with a floor area not exceeding 10m2 on undeveloped land
  10. Formalising the process for granting a determination to treat two or more allotments as a single allotment for the purpose of a building permit application
SPASA will shortly receive a briefing from the VBA on the detail of the above.
We will keep members posted on the detail of these amendments as soon as they come to hand.

JoinCampaign

Join our campaign to legislate Mandatory Barrier Inspections in Victoria!

Send an email to the Premier of Victoria & Planning Minister to let them know you support our campaign. Simply copy and paste the following words:

 

Dear Premier/Planning Minister,

As a Victorian, I care about toddler safety in backyard pools and spas.

I endorse SPASA's Pool and Spa Safety Campaign and demand that you immediately legislate Mandatory Barrier Inspections in this State in order to save lives.

 

The Hon. Richard Wynne MP: This email address is being protected from spambots. You need JavaScript enabled to view it.

The Hon. Daniel Andrews MP: This email address is being protected from spambots. You need JavaScript enabled to view it.


Let the government know you support Mandatory Barrier Inspections in Victoria NOW!

 

Remember the Facts

- The Victorian government’s solution to toddler drowning is to introduce a retrospective 4-sided barrier regime for all pools & spas

- The majority of toddlers who have died in Victorian pools in the past 15 years have died in pools with 4-sided barriers

- Western Australia has had Mandatory Barrier Inspections (MBI) of private pools since 1992 & have reduced their rate of toddler fatalities by 80%

- Yet our State government is still not considering MBIs

- Multiple Victorian Coroners, the World Health Organisation, Lifesaving Victoria, Kidsafe, the Municipal Surveyors of Vic & SPASA all call for MBIs

- Multiple reports from Victorian Councils show the average fail-rate of pool barriers in Victoria is 80%+

- The fundamental problem in Victoria is clearly a lack of ongoing pool barrier maintenance

- In the past 15 years, Victoria has seen 22 toddlers drown in backyard pools. On average, for every fatality, there are around 6 non-fatal drownings. Most of those toddlers have ongoing brain injury.
Total: 22 dead plus 60+ with permanent mental impairment

We continue to call on the Victorian Government to pass legislation to:

1. Immediately make pool barrier compliance certification mandatory for all properties sold or leased in Victoria
2. Introduce a mandatory barrier inspection protocol that ensures all residential properties with a pool or spa in Victoria are inspected every three years

 

 

 

kidsafe logo

Kidsafe's annual 'Safe Barriers Save Lives' backyard pool safety campaign is aimed towards Victorian backyard swimming pool owners urging them to conduct safety checks on all swimming pool and spa safety fences in the lead up to the summer months. SPASA Victoria is a major sponsor of this campaign.

Drowning is one of the leading causes of death for Australian children under 5 years of age. Robert Caulfield, President of Kidsafe Victoria said, “Studies have shown pool fencing, particularly isolation fencing, to be effective in reducing the risk of drowning. However, evidence suggests that a large number of child drowning incidents occur as a result of pool fencing that is faulty or non-compliant with Australian Standards”.Here are some tips for consumers when installing or maintaining a pool or spa fence:

  • Fences and safety barriers are required for all swimming pools and spas with a depth greater than 30cm – about the length of a school ruler.
  • You must get a building permit before constructing the fence.
  • You need to complete the work within six months of starting it.
  • You should engage a Registered Building Practitioner to do the work if the value exceeds $5000 (including labour and materials).
  • All gates must have a self-closing, self-latching device regardless of when the pool was built.
  • Direct access from the door of a house to the pool area is not allowed for new pools and spas.
  • Indoor swimming pools and spas must have self-closing, self-latching doors that swing away from the pool or spa area.
  • Fencing must not be installed near trees that children can climb up and over to access the pool or spa, and you should never place objects near pool fencing that children can climb on to get over the fence.
  • Never prop open any gate providing access to the swimming pool or spa. Mr Hogan said following this tips will help ensure a safer swimming environment for children.

2017 Video capture

All pool and spa owners are encouraged to utilise the pool and spa area checking tool, developed by Life Saving Victoria. This includes common faults/non-compliance issues such as:

  • Gates that don’t self-latch or self-close.
  • Climbable objects in the ‘non climbable’ zone outlined in the Australian Standards (e.g. pot plants, chairs, pool pumps near the pool fencing which could allow a child to climb over the fence).
  • Excess space under the fence, and;
  • Misuse (e.g. propping the pool gate open).

Summer is a time to enjoy the outdoors with family and friends. Unfortunately in the past too many children have drowned in backyard pools and spas because there hasn’t been fencing or the fencing hasn’t be the right type or hasn’t been maintained. Fencing that doesn’t comply with the Building Regulations could result in the pool or spa owner receiving a significant fine.

RACV's Royal Auto magazine featured this 'Safe Barriers Save Lives' article in the December 2017 edition:

safe barriers save lives campaign royal auto article december 2017

SPASA asks all SPASA Pool Shops & Spa Retailers, as well as Suppliers & Builders with consumer access, to support this important campaign. 

Campaign Launch 2018SPASA Victoria CEO Chris Samartzis, Former Olympic Swimmer Matt Welsh and Kidsafe General Manager Jason Chambers at Kidsafe's 2018 Campaign Launch

Ch 9 capture 2018SPASA Victoria CEO Chris Samartzis speaks to Channel 9 at Kidsafe's 'Safe Barriers Save Lives campaign launch in 2018

2018 Video captureKidsafe's 2018 'Safe Barriers Save Lives' campaign video

Kidsafe Pool Barrier Campaign 2018 FB Cover VIC

2019 Kidsafe Campaign Logo Best OffenceKidsafe's 'Safe Barriers Save Lives' 2018 campaign logo

Collaborating partners 20182018 Kidsafe 'Safe Barriers Save Lives' Campaign Collaborating Partners

References:

Victorian Building Authority (VBA) - Swimming Pools, Spas and their Safety Barriers 

Victorian Building Authority (VBA) - Swimming Pools, Spas and their Safety Barriers - Practice Notes

Life Saving Victoria - Victorian Drowning Report 2016/20177

Submission to Government from the Swimming Pool and Spa Association of Victoria (SPASA) in response to the Building Regulations 2017 RIS

Department of Environment, Land, Water and Planning - Building Regulations Sunset Review

  1. Regulatory Impact Statement (RIS) Building Regulations 2017 Overview
  2. Building Regulations Review - Strengthened Regulations (Includes the proposal of Retrospective Legislation)
  3. Regulatory Impact Statement Building Regulations 2017 - Part B: Design, construction, completion/use and other topics

Kidsafe Victoria

Aquatics and Recreation Victoria

Independent Review of NSW Swimming Pool Regulation - Final report November 2015 - Michael Lambert

Pool fencing for preventing drowning of children (Review) (USA) - Cochrane Report 1998

Royal Life Saving National Drowning Report 2016 

Royal Life Saving Non-Fatal Drowning Report 2017

Queensland Building and Construction Commission - Pool Safety

NSW Office of Local Government - Swimming Pools and Spa Pools

Government of Western Australia Department of Commerce - Rules for Pools and Spas

Queensland Government Family & Child Commission - Annual Report:Deaths of children and young people in Queensland 2014–15

World Health Organization - Preventing drowning: An implementation guide

 

For further information please contact: 
Kathryn Barres – Marketing Communications Co-ordinator
Telephone: 03 9501 2040 or This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Coroner’s Recommendations

SPASA Summary of Coroner's Court Reports relating to toddler (aged 0 - 4) drownings since 2000 in Victoria

Coroner Audrey Jamieson's report 'Finding Into Death Without Inquest' dated 1 May 2017 makes the following recommendations:

Coroner’s recommendations

SPASA Victoria’s view

1. With the aim of improving Victoria's pool safety regulation framework and preventing like deaths, I recommend that during the review of the Building Regulations 2006, the Minister for Planning consider adopting elements of the framework enacted in Queensland, including but not limited to, requiring that a pool safety certificate be obtained prior to a property with a pool being sold or leased.

SPASA supports this recommendation to improve swimming pool safety standards.

2. With the aim of improving Victoria's pool safety regulation framework and rigorously monitoring compliance, I recommend that, as anticipated in the recommendation made by Deputy State Coroner lain West in the Finding following the Inquest into the death of Lauren Kayley Harris dated 14 October 2014, the Minister for Planning consider the creation of a statewide pool register. SPASA supports this recommendation to improve swimming pool safety standards.
3. With the aim of emphasising and enhancing the role of real estate agency staff in detecting malfunctioning pool safety barriers in rental properties, I recommend that the Minister for Consumer Affairs, Gaming and Liquor consider that onsumer Affairs Victoria also produce a pro forma Routine Inspection Report document, which incorporates reference to 'pool fence and gate' and 'spa fence and gate', as in its condition report. SPASA supports this recommendation to improve swimming pool safety standards.


The 2012 Coroner’s Inquest into the death by drowning of Victorian toddler Lauren Harris made seventeen recommendations, all of which SPASA endorses. The following ten are particularly relevant to this discussion: 

Coroner’s recommendations

SPASA Victoria’s view

1. If the pool builder contracts with the property owner to only construct a swimming pool (and not also the pool safety barriers) then the responsibility to construct the mandatory safety barriers will be imposed on the owner.

SPASA supports this recommendation to improve swimming pool safety standards.

2. A clear obligation on the Building Permit holder to inform the relevant Building Surveyor when they have commenced building work.

SPASA supports this recommendation to improve swimming pool safety standards.

3. A mandatory obligation on the relevant Building Surveyor to inspect any swimming pool Building Permit site within 2 months of the relevant Building Permit lapsing.

SPASA supports this recommendation to improve swimming pool safety standards.

4.  Obligation on the relevant Building Surveyor to provide information on mandatory reporting and inspection obligations.

SPASA supports this recommendation to improve swimming pool safety standards.

5.  Municipal Building Surveyors should be able to issue infringement notices for breaches of the law in relation to swimming pools.

SPASA supports this recommendation to improve swimming pool safety standards.

6.  Authorised officers able to enter private properties for compliance with legislation and any Building Permit relating to a swimming pool.

SPASA supports this recommendation to improve swimming pool safety standards.

7.  Mandatory inspections of swimming pool safety barriers every three (3) years by licensed pool safety inspectors.

SPASA supports this recommendation for mandatory inspections, which would bring Victorian rules into line with most other Australian states.

8.   Certificates of compliance for pool safety barriers as pre-conditions to the sale or rental or house sitting of any property that has a swimming pool.

SPASA supports this recommendation to improve swimming pool safety standards.

9. Pool owners be required to self-register free of charge on a Statewide, online register and provide certification that their pool barrier complies with the legislation.

SPASA supports this recommendation as the means of establishing a mandatory swimming pool safety barrier inspection regime.

10. Parliament consider providing a single piece of legislation containing a uniform set of rules and requirements relating to the construction and fencing of pools, irrespective of their date of construction.

SPASA supports the concept of a single piece of legislation containing a uniform set of rules and requirements relating to the construction and fencing of pools.
SPASA suggests consultation around simplifying barrier rules, noting that it will be physically impossible for some older pool barriers to be modified. Blanket retrospective barrier regulation amendments will not be practically possible to implement.