24Who is a permit authority

### 24 Who is a permit authority > [*\[Section 24 Substituted by No. 9 of 2023, s. 7, Applied:01 Oct 2024\]*](/view/html/inforce/2024-10-01/act-2023-009#GS7@EN) > > > (1)  Subject to [subsection (7)](#GS24@Gs7@EN) , the council of a municipal area is the permit authority for the municipal area. > > > (2)  The council of a municipal area must ensure that – > > > > > > (a) the council is a licensed entity, under the [Occupational Licensing Act 2005](/view/html/inforce/2026-04-12/act-2005-047) , and is authorised under that Act to perform the functions and exercise the powers of a permit authority for the municipal area; and > > > > > > > (b) a function or power of the permit authority for the municipal area is only performed or exercised in respect of the municipal area by – > > > > > > > > > > (i) subject to [subsection (8)(a)](#GS24@Gs8@Hpa@EN) , the licensed person, within the meaning of the [Occupational Licensing Act 2005](/view/html/inforce/2026-04-12/act-2005-047) , nominated by the council of the municipal area in its capacity as a licensed entity under that Act; or > > > > > > > > > > > (ii) a person appointed under [subsection (6)](#GS24@Gs6@EN) as the permit authority for the municipal area; or > > > > > > > > > > > (iii) the Director of Building Control, if a notice under [subsection (7)](#GS24@Gs7@EN) is in force in respect of the municipal area; or > > > > > > > > > > > (iv) a person authorised to perform the function or exercise the power, in respect of the municipal area, under an order of the Minister made in accordance with [section 27B](#GS27B@EN) . > > > > Penalty:  Fine not exceeding 500 penalty units. > > > (3)  Subject to [subsection (4)](#GS24@Gs4@EN) , the performance of a function, or the exercise of a power, of a permit authority in respect of a municipal area is of no effect if it is performed or exercised by a person other than a person referred to in [subsection (2)(b)](#GS24@Gs2@Hpb@EN) in respect of the municipal area. > > > (4)  The Director of Building Control may, by notice published in the *Gazette*, determine that [subsection (3)](#GS24@Gs3@EN) does not apply in respect of the performance of one or more functions, or the exercise of one or more powers, of a permit authority specified in the determination. > > > (5)  A determination under [subsection (4)](#GS24@Gs4@EN)  – > > > > > > (a) may relate to the past, or future, performance of one or more functions, or the exercise of one or more powers, of a permit authority; and > > > > > > > (b) if the determination relates to the future performance of a function, or exercise of a power, is to specify the period for which the determination has effect in respect of that function or power; and > > > > > > > (c) is not a determination to which [section 20](#GS20@EN) applies. > > > (6)  If the council of a municipal area ceases to be a licensed entity under the [Occupational Licensing Act 2005](/view/html/inforce/2026-04-12/act-2005-047) , or there ceases to be a licensed person as required under the [Occupational Licensing Act 2005](/view/html/inforce/2026-04-12/act-2005-047) in respect of the council – > > > > > > (a) the Director of Building Control may appoint a person as the permit authority, for that municipal area, on the terms and conditions that are specified in the instrument of appointment; and > > > > > > > (b) the council is liable for any reasonable costs that are incurred as a result of the appointment under paragraph (a) unless the Director of Building Control otherwise specifies. > > > (7)  The Minister may, by notice in the *Gazette*, appoint the Director of Building Control as a permit authority, for one or more municipal areas, on the terms and conditions specified in the notice, including which functions or powers of a permit authority the Director is appointed to perform or exercise. > > > (8)  If, under [subsection (7)](#GS24@Gs7@EN) , the Minister appoints the Director of Building Control as the permit authority for one or more municipal areas – > > > > > > (a) a person employed or engaged by the relevant council of the municipal area may not perform the functions, or exercise the powers, of a permit authority for the municipal area except with the approval of the Minister or the Director; and > > > > > > > (b) the Director may subdelegate one or more functions, or powers, of such a permit authority if the notice under that subsection appointing the Director does not specifically prohibit the subdelegation of the function, or power, by the Director.