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Building Act 1993
6What if a reporting authority (other than a council or council officer) fails to supply a report or consent?
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6 What if a reporting authority (other than a council or council officer) fails to supply a report or consent?
(1) Despite anything to the contrary in the regulations or any other Act or regulations, the relevant building surveyor may proceed to decide an application without a report being obtained if a copy of the report is not supplied by the reporting authority (other than a council or an officer of a council) within the prescribed time.
Sch. 2 cl. 6(2) amended by No. 21/2017 s. 99.
(2) A reporting authority (other than a council or an officer of a council) is taken to have consented to a permit if the authority has not within the prescribed time informed the relevant building surveyor or the applicant of—
(b) refusal of consent and the reasons for that refusal.
Sch. 2 cl. 6(3) inserted by No. 71/1995 s. 25.
(3) An applicant for a permit may appeal to the Building Appeals Board against a failure of a reporting authority which is a council or an officer of a council to inform the relevant building surveyor or the applicant within the prescribed time of—
(b) its refusal of consent and the reasons for that refusal.
Sch. 2 cl. 6(4) inserted by No. 71/1995 s. 25.
(4) The Building Appeals Board must consider an appeal under subclause (3) and may make any order that it considers appropriate in the circumstances.
Sch. 2 cl. 6(5) inserted by No. 28/2000 s. 17(5).
(5) This clause does not apply to a responsible authority under the **Planning and Environment Act 1987** in its capacity as a reporting authority for the purposes of section 29A of this Act.
Sch. 2 cl. 6(6) inserted by No. 30/2001 s. 8.
(6) A reference in this clause to a council, with respect to an application, is to be read as including a reference to any reporting authority that has to comply with clause 4A(2) in reporting on, or considering whether to consent to, the application.
Sch. 2 cl. 6A inserted by No. 28/2000 s. 18.