sec.46Referral agencies may assess application against building assessment provisions

### sec.46 Referral agencies may assess application against building assessment provisions This section applies if, under the Planning Act — a person is a referral agency for a building development application; and the person must assess the application against a building assessment provision or part of a building assessment provision. Only the referral agency may assess the application against the provision or part. Assessment of the application by the referral agency must be done under the building assessment provisions. Subject to sections 37 and 61 , the assessment must be carried out under the building assessment provisions in force when the assessment is made. If the referral agency must, under the Planning Act , assess the application against the fire safety standard, the referral agency must appoint or employ a building certifier to carry out the assessment. For the referral agencies for building development applications, see the Planning Act , section 54 (2) . s 46 prev s 46 amd 1993 No. 70 s 804 sch om 1998 No. 13 s 13 pres s 46 ins 2006 No. 36 s 5 amd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 63 (sec.46-ssec.1) This section applies if, under the Planning Act — a person is a referral agency for a building development application; and the person must assess the application against a building assessment provision or part of a building assessment provision. (sec.46-ssec.2) Only the referral agency may assess the application against the provision or part. (sec.46-ssec.3) Assessment of the application by the referral agency must be done under the building assessment provisions. (sec.46-ssec.4) Subject to sections 37 and 61 , the assessment must be carried out under the building assessment provisions in force when the assessment is made. (sec.46-ssec.5) If the referral agency must, under the Planning Act , assess the application against the fire safety standard, the referral agency must appoint or employ a building certifier to carry out the assessment. For the referral agencies for building development applications, see the Planning Act , section 54 (2) . - (a) a person is a referral agency for a building development application; and - (b) the person must assess the application against a building assessment provision or part of a building assessment provision.