27BMinister may direct permit authority

### 27B Minister may direct permit authority > [*\[Section 27B Inserted by No. 9 of 2023, s. 10, Applied:01 Oct 2024\]*](/view/html/inforce/2024-10-01/act-2023-009#GS10@EN) > > > (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)](#GS27B@Gs1@EN)  – > > > > > > (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](#GS27A@EN) . > > > (3)  Before making an order under [subsection (1)](#GS27B@Gs1@EN) 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)](#GS27B@Gs1@EN) 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 > > > > > > > > > > > (ii) the power of the permit authority is exercised; > > > > > > > (b) authorise another person to take such action as the person considers reasonable – > > > > > > > > > > (i) to perform the function, and exercise any relevant power, of the permit authority in accordance with this Act; or > > > > > > > > > > > (ii) to carry out such acts as are necessary to enable the function to be performed or the power to be exercised. > > > (5)  If the Minister, or a person authorised by the Minister, takes an action under [subsection (4)](#GS27B@Gs4@EN) in respect of the performance of a function of a permit authority for a municipal area, the Minister may recover from the council of the municipal area, as a debt due and owing, such reasonable costs and expenses as are incurred by the Minister or person in performing the function. > > > (6)  A permit authority must comply with an order of the Minister made, under [subsection (1)](#GS27B@Gs1@EN) , in respect of the permit authority. > > > > Penalty:  Fine not exceeding 500 penalty units.