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]

(1)  Subject to subsection (7) , 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 , 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) , the licensed person, within the meaning of the Occupational Licensing Act 2005 , 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) as the permit authority for the municipal area; or

(iii) the Director of Building Control, if a notice under subsection (7) 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 .

Penalty:  Fine not exceeding 500 penalty units.

(3)  Subject to subsection (4) , 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) in respect of the municipal area.

(4)  The Director of Building Control may, by notice published in the Gazette, determine that subsection (3) 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.