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Building Act 2004
30AWhen building approvals not to be issued—advice on
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30A When building approvals not to be issued—advice on
referral
(1) This section applies to an application to a certifier for building
approval if—
(a) a regulation requires the advice of an entity to be sought on the
(b) the entity’s advice has been sought as prescribed by regulation;
and
(c) issuing the approval or carrying out work in accordance with the
approval would be inconsistent with the advice; and
(d) the entity has not—
(i) withdrawn the advice; or
(ii) changed or added to the advice so that issuing the approval
or carrying out work in accordance with the approval
would not be inconsistent with the advice as changed or
added to.
(2) The certifier must not issue the building approval unless satisfied on
reasonable grounds that—
(a) further information or amendments of the application address
the advice of the entity; or
(b) the advice relates to an area other than an area that the entity
giving the advice is authorised by regulation to give advice on.
(3) A regulation may prescribe the following:
(a) when the advice of an entity must be sought on an application to
a certifier for building approval;
(b) if an entity’s advice must be sought on an application to a
certifier for building approval—the advice the entity may give;
(c) anything else in relation to the advice.