27ADirector of Building Control may recommend Minister to direct permit authority

27A Director of Building Control may recommend Minister to direct permit authority

[Section 27A Inserted by No. 9 of 2023, s. 10, Applied:01 Oct 2024]

(1)  If the Director of Building Control believes that a permit authority has not satisfactorily performed a function of a permit authority under this Act, the Director may make a recommendation to the Minister under subsection (3) in respect of the permit authority.

(2)  Before making a recommendation to the Minister under subsection (3) in respect of a permit authority, the Director of Building Control must –

(a) notify the permit authority of each of the following:

(i) that the Director of Building Control intends to make a recommendation to the Minister under this section in respect of the permit authority;

(ii) the reasons why the Director of Building Control intends to make such a recommendation;

(iii) that the permit authority is entitled to make submissions to the Director of Building Control against the making of such a recommendation;

(iv) the period within which, and the manner in which, the permit authority may make such a submission to the Director of Building Control; and

(b) consider each submission made to the Director of Building Control by the permit authority, in accordance with the notice under paragraph (a) , before making the proposed recommendation.

(3)  If, after considering the submissions of a permit authority under this section, the Director of Building Control believes that the permit authority has not satisfactorily performed a function of a permit authority under this Act, the Director –

(a) may give a written recommendation to the Minister that the Minister make an order under section 27B in respect of the permit authority; and

(b) is to specify in the written recommendation –

(i) the reasons why the Director of Building Control has made such a recommendation in respect of the permit authority; and