27BMinister may direct permit authority

27B Minister may direct permit authority

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

(1)  If the Minister is satisfied that a permit authority has not satisfactorily performed a function, or exercised a power, of a permit authority under this Act, the Minister may direct the permit authority, by order –

(a) if the order relates to the performance of a function, to perform the function within a specified time; or

(b) to carry out such acts as are necessary to enable the specified function to be performed or the specified power to be exercised.

(2)  The Minister may make an order under subsection (1)  –

(a) on the Minister's own initiative, if the Minister is satisfied that the order is necessary –

(i) to protect public health or safety; or

(ii) to prevent significant damage to property; or

(b) in any other case, on the recommendation of the Director of Building Control under section 27A .

(3)  Before making an order under subsection (1) in respect of a permit authority, the Minister may give the permit authority an opportunity to make, in respect of the proposed order –

(a) a written submission to the Minister; or

(b) a submission by such other means as are agreed between the Minister and the permit authority.

(4)  If the Minister makes an order under subsection (1) in respect of the functions or powers of a permit authority and the permit authority fails to comply with the order, the Minister may do either or both of the following:

(a) take such action as the Minister thinks reasonable to ensure that –

(i) the function of the permit authority is performed; or