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Building Act 1993
6AWhat if the reporting authority is the responsible authority under the Planning and Environment Act 1987?
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6A What if the reporting authority is the responsible authority under the Planning and Environment Act 1987?
(1) This clause applies only 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.
(2) 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 within the prescribed time.
Sch. 2 cl. 6A(3) amended by No. 21/2017 s. 99.
(3) Subject to subclause (4), a reporting authority is taken to have consented to a permit if the authority has not within the prescribed time informed the relevant building surveyor of—
(b) its refusal of consent and the reasons for that refusal.
Sch. 2 cl. 6A(4) amended by No. 21/2017 s. 99.
(4) A reporting authority is taken to have refused to consent to a permit if—
(a) the authority is required under section 29A to refuse its consent; and
(b) the authority has not within the prescribed time informed the relevant building surveyor of that refusal.
7 Relevant building surveyor must consider report
(1) The relevant building surveyor must consider any report of a reporting authority supplied under this Schedule before deciding the relevant application for a permit.
(2) In deciding an application, the relevant building surveyor must implement the recommendations of a prescribed reporting authority in relation to a prescribed matter.
(3) Except as provided in subclause (2), the relevant building surveyor is not required to implement any of the recommendations in a report by a reporting authority.
Sch. 2 cl. 7(4) inserted by No. 28/2000 s. 19.
(4) For the purposes of subclause (2) and without limiting that subclause—
(a) a responsible authority under the **Planning and Environment Act 1987** is a prescribed reporting authority; and
(b) a demolition to which section 29A applies is a prescribed matter.