162Special powers—modification of regulations

162 Special powers—modification of regulations (1) Before determining an application under section 160 the Building Appeals Board— (a) must consult— (i) any authority that would be a reporting authority if the application were an application for a permit; and S. 162(1)(a)(ii) amended by No. 34/2013 s. 34(Sch. 1 item 20). (ii) the Authority, if the application discloses that any aspect of the matter has been considered by it; and (iii) if the application shows that any aspect of the matter relates to a building permit, the relevant building surveyor; and S. 162(1)(b) amended by Nos 93/1995 s. 218(1) (Sch. 2 item 1.2), 7/2017 s. 296(3). (b) if the application concerns a building included in the Heritage Register established under the **Heritage Act 2017**, must consider any recommendation received from the Heritage Council before the hearing of the application; and S. 162(1)(c) amended by No. 71/1995 s. 12(1). (c) may consult the municipal building surveyor; and S. 162(1)(d) inserted by No. 71/1995 s. 12(1). (d) may consult any other body or person. S. 162(1A) inserted by No. 71/1995 s. 12(2). (1A) The Building Appeals Board must, on the application of any party to the proceedings, make available a copy of any report or information obtained under subsection (1)(d). (2) The Building Appeals Board must not determine that a provision of the building regulations does not apply to a building or land unless satisfied that, in the particular circumstances, the provision is inappropriate. (3) The Building Appeals Board must not determine that a provision of the building regulations applies to a building or land in a modified or varied form unless satisfied that to do so is reasonable and not detrimental to the public interest. (4) The Building Appeals Board may make its determination of an application under section 160 subject to all or any of the following conditions— S. 162(4)(a) amended by No. 71/1995 s. 13(1)(a). (a) requiring an owner of land to enter into an agreement with a reporting authority or, if there is no reporting authority, with the relevant council; or S. 162(4)(b) amended by No. 71/1995 s. 13(1)(b). (b) directing a reporting authority or council to enter into that agreement; or (c) specifying the terms of that agreement; or (d) any other terms and conditions that it considers appropriate. S. 162(5) amended by No. 71/1995 s. 13(2). (5) A reporting authority or council is authorised to enter into an agreement for the purposes of this section.