39. A permit holder must provide the children with
(1) an outdoor play space, enclosed by a safety fence at least 1.20 m in height, situated less than 500 m from the facility to which the permit holder has access during the hours childcare is provided and whose minimum area must be 4 m2 per child, allowing for at least one third of the maximum number of children stated on the permit to be accommodated at a time; or
(2) an outdoor children’s play space in a public park within 500 m of the facility, delimited by a fence and accessible during the hours of childcare.
The play space must be suitably and safely laid out and, if it has an outdoor play area, that area must be adapted to the age of the children.
The distance of 500 m is measured by the shortest route taken to walk the distance safely.