Victorian Energy Efficiency Target Amendment (Prescribed …FILE/12-006sr.docx · Web viewOCPC-VIC, Word 2007, Template Release 2010 V5.01

Victorian Energy Efficiency Target Amendment (Prescribed Activities) Regulations 2012

S.R. No. 6/2012

TABLE OF PROVISIONS

Regulation Page

1 Objective 12 Authorising provision 23 Principal Regulations 24 Definitions 25 Regulation 6 substituted 2

6 Prescribed activities 26 Regulation 6AA revoked 87 Manner in which right to create a certificate may be assigned

in certain cases 88 Time at which prescribed activity is undertaken 89 Schedule 1 amended 810 Schedule 2 amended 811 Schedule 3 amended 912 Schedule 4 amended 913 Schedule 5 amended 914 Schedule 6 amended 915 Schedule 7 amended 1016 Schedule 8 amended 1017 Schedule 9 amended 1118 Schedule 10 amended 1119 Schedule 11 amended 1120 Schedule 12 amended 1221 Schedule 13 amended 1222 Schedule 14 amended 1323 Schedule 15 amended 1324 Schedule 17 amended 1425 Schedule 19 amended 1526 Schedule 20 amended 1527 Schedule 21 amended 1528 Schedule 22 amended 1629 Schedule 23 amended 1630 Schedule 24 amended 1731 Schedule 25 amended 1732 Schedule 26 amended 17

1

33 Schedule 28 amended 1834 Schedule 29 amended 18

═══════════════ENDNOTES 22

STATUTORY RULES 2012

S.R. No. 6/2012

Victorian Energy Efficiency Target Act 2007


The Governor in Council makes the following Regulations:

Dated: 14 February 2012

Responsible Minister:

MICHAEL O'BRIENMinister for Energy and Resources

MATTHEW McBEATHClerk of the Executive Council

1 Objective

The objective of these Regulations is to amend the Victorian Energy Efficiency Target Regulations 2008 in relation to activities that are prescribed for the purposes of section 15 of the Victorian Energy Efficiency Target Act 2007 to—

(a) simplify the manner in which activities are prescribed in relation to different kinds of premises; and

(b) increase the kinds of premises in relation to which certain activities are prescribed; and

(c) amend the manner in which greenhouse gas emission abatement is calculated for certain prescribed activities to account for performance in the increased kinds of premises; and

1

(d) make other minor amendments.

2 Authorising provision

These Regulations are made under section 75 of the Victorian Energy Efficiency Target Act 2007.

3 Principal Regulations

In these Regulations, the Victorian Energy Efficiency Target Regulations 20081 are called the Principal Regulations.

4 Definitions

In regulation 4 of the Principal Regulations, in the definition of install—

(a) in paragraph (b), for "regulation 6(r), (v) or 6AA(j)" substitute "regulation 6(1)(r)";

(b) in paragraph (c), for "regulation 6(x) or 6AA(k)" substitute "regulation 6(1)(t)";

(c) in paragraph (d), for "regulation 6(y)" substitute "regulation 6(1)(u)".

5 Regulation 6 substituted

For regulation 6 of the Principal Regulations substitute—

"6 Prescribed activities

(1) For the purposes of section 15 of the Act, the following activities (whether undertaken in residential premises, business premises or other non-residential premises) are prescribed—

(a) decommissioning an electric resistance water heater and installing a product that complies with the criteria specified in Part A of Schedule 1;

S.R. No. 6/2012


2

r. 2

(b) installing on an electric resistance water heater a product that complies with the criteria specified in Part A of Schedule 2;

(c) decommissioning a gas or liquefied petroleum gas water heater and installing a product that complies with the criteria specified in Part A of Schedule 3;

(d) installing on a gas or liquefied petroleum gas water heater a solar pre-heater that complies with the criteria specified in Part A of Schedule 4;

(e) decommissioning a ducted gas space heater and installing a product that complies with the criteria specified in Part A of Schedule 5;

(f) decommissioning a central electric resistance heater that provides heating to a space with a floor area of at least 100m2 and installing a product that complies with the criteria specified in Part A of Schedule 6;

(g) if the premises are in a non-gas reticulated area, decommissioning a ducted air to air heat pump and installing a product that complies with the criteria specified in Part A of Schedule 7;

(h) if the premises are in a non-gas reticulated area, decommissioning a central electric resistance heater that provides heating to a space with a floor area of at least 100m2 and installing a

S.R. No. 6/2012


3

r. 5

product that complies with the criteria specified in Part A of Schedule 8;

(i) installing a gas or liquefied petroleum gas space heater that is flued and complies with the criteria specified in Part A of Schedule 9;

(j) if the premises are in a non-gas reticulated area, installing a space air to air heat pump that complies with the criteria specified in Part A of Schedule 10;

(k) installing, in respect of a floor area that is not insulated, a product that complies with the criteria specified in Part A of Schedule 12 as under floor insulation for a minimum of 20m2 in accordance

with AS 3999—1992 published on 16 April 1992;

(l) installing, in place of one or more windows in an external wall, at least 5m2 of glazing or glazed product that complies with the criteria specified in Part A of Schedule 13;

(m) installing, on one or more single glazed windows in an external wall for a minimum glazing area of 5m2, a product that complies with the criteria specified in Part A of Schedule 14;

(n) decommissioning a non-low flow shower rose (not being a shower rose rated as having a 3 star or higher water efficiency when assessed and labelled in accordance with AS/NZS 6400:2005 reissued in December 2006) and installing a low flow shower rose that

S.R. No. 6/2012


4

r. 5

complies with the criteria specified in Part A of Schedule 17;

(o) removing from the premises a refrigerator or freezer manufactured before 1996 and in working order and destroying the refrigerator or freezer in accordance with the criteria specified in Part A of Schedule 19;

(p) installing, in premises that are newly constructed and have not been previously occupied, a high efficiency ducted gas heater that complies with the criteria specified in Part A of Schedule 20;

(q) installing lamps that comply with the criteria specified in Part A of Schedule 21 in place of incandescent lamps that do not comply with those criteria and decommissioning the non-complying lamps;

(r) installing a high efficiency refrigerator or high efficiency freezer that complies with the criteria specified in Part A of Schedule 22;

(s) installing a ducted evaporative cooler that complies with the criteria specified in Part A of Schedule 23 after decommissioning a refrigerative air conditioner (whether or not ducted) that was not located in—

(i) in the case of an air conditioner in residential premises, a bedroom; or

S.R. No. 6/2012


5

r. 5

(ii) in the case of an air conditioner in business or non residential premises, a room with an area less than 20m2;

(t) installing a high efficiency television that complies with the criteria specified in Part A of Schedule 24;

(u) installing an energy efficient (low greenhouse intensity) clothes dryer that complies with the criteria specified in Part A of Schedule 25;

(v) installing a high efficiency pool pump that complies with the criteria specified in Part A of Schedule 26;

(w) decommissioning gas heating ductwork that is connected to a ducted gas heater and installing in its place a product that complies with the criteria specified in Part A of Schedule 28;

(x) installing a standby power controller, being a product that complies with the criteria specified in Part A of Schedule 29.

(2) For the purposes of section 15 of the Act, the following activities undertaken in residential premises are prescribed—

(a) installing a product in accordance with AS 3999—1992 published on 16 April 1992 in a ceiling area not previously insulated for a minimum area of 20m2, being a product that complies with the criteria specified in Part A of Schedule 11;

(b) in the same premises, undertaking any one or more of the following activities

S.R. No. 6/2012


6

r. 5

to restrict the airflow into or out of the premises (not being an activity that results, or two or more activities that together result, in the premises failing to receive natural air changes at a rate of at least 0·5 per hour or failing to comply with the minimum ventilation requirements of Part 3.8.5 of the 2008 edition of the Building Code)—

(i) installing a product that complies with the criteria specified in item 15A in Part A of Schedule 15 to the frame of, or each edge of, an external door or to the frame and each edge of an external door;

(ii) installing a product that complies with the criteria specified in item 15B in Part A of Schedule 15 to the frame of an external window;

(iii) removing a ceiling or wall exhaust fan and decommissioning it and installing a ceiling or wall exhaust fan that complies with the criteria specified in item 15C in Part A of Schedule 15;

(iv) installing on an exhaust fan a product that complies with the criteria in item 15D in Part A of Schedule 15;

(v) permanently sealing or closing ventilation openings in an external wall with material that complies with the criteria specified in item 15E in Part A of Schedule 15;

S.R. No. 6/2012


7

r. 5

(vi) installing a product that complies with the criteria specified in item 15F in Part A of Schedule 15 to a chimney or flue of an open solid fuel burning appliance.".

6 Regulation 6AA revoked

Regulation 6AA of the Principal Regulations is revoked.

7 Manner in which right to create a certificate may be assigned in certain cases

In regulation 6A(a) of the Principal Regulations, for "regulation 6(s)" substitute "regulation 6(1)(o)".

8 Time at which prescribed activity is undertaken

In regulation 7 of the Principal Regulations omit "or 6AA".

9 Schedule 1 amended

In Schedule 1 to the Principal Regulations—

(a) after the heading to Schedule 1, for "Regulations 6(a) and 6AA(a)" substitute "Regulation 6(1)(a)";

(b) after the heading "WATER HEATER", for "regulations 6(a) and 6AA(a)" substitute "regulation 6(1)(a)".



(a) after the heading to Schedule 2, for "Regulations 6(b) and 6AA(b)" substitute "Regulation 6(1)(b)";

S.R. No. 6/2012


8

r. 6

(b) after the heading "SOLAR RETROFIT KIT", for "regulations 6(b) and 6AA(b)" substitute "regulation 6(1)(b)".



(a) after the heading to Schedule 3, for "Regulations 6(c) and 6AA(c)" substitute "Regulation 6(1)(c)";

(b) after the heading "SOLAR WATER HEATER", for "regulations 6(c) and 6AA(c)" substitute "regulation 6(1)(c)".



(a) after the heading to Schedule 4, for "Regulations 6(d) and 6AA(d)" substitute "Regulation 6(1)(d)";

(b) after the heading "SOLAR PRE-HEATER", for "regulations 6(d) and 6AA(d)" substitute "regulation 6(1)(d)".



(a) after the heading to Schedule 5, for "Regulations 6(e) and 6AA(e)" substitute "Regulation 6(1)(e)";

(b) after the heading "HIGH EFFICIENCY DUCTED GAS HEATER REPLACING A DUCTED GAS HEATER", for "regulations 6(e) and 6AA(e)" substitute "regulation 6(1)(e)".



S.R. No. 6/2012


9

r. 11

(a) after the heading to Schedule 6, for "Regulation 6(f)" substitute "Regulation 6(1)(f)";

(b) after the heading "HIGH EFFICIENCY DUCTED GAS HEATER REPLACING A CENTRAL ELECTRIC RESISTANCE HEATER", for "regulation 6(f)" substitute "regulation 6(1)(f)".



(a) after the heading to Schedule 7, for "Regulation 6(g)" substitute "Regulation 6(1)(g)";

(b) after the heading "HIGH EFFICIENCY DUCTED AIR TO AIR HEAT PUMP REPLACING A DUCTED AIR TO AIR HEAT PUMP"—

(i) for "regulation 6(g)" substitute "regulation 6(1)(g)";

(ii) omit "residential".



(a) after the heading to Schedule 8, for "Regulation 6(h)" substitute "Regulation 6(1)(h)";

(b) after the heading "HIGH EFFICIENCY DUCTED AIR TO AIR HEAT PUMP REPLACING CENTRAL ELECTRIC RESISTANCE HEATER"—

(i) for "regulation 6(h)" substitute "regulation 6(1)(h)";

(ii) omit "residential".

S.R. No. 6/2012


10

r. 15



(a) after the heading to Schedule 9, for "Regulation 6(i)" substitute "Regulation 6(1)(i)";

(b) after the heading "GAS OR LIQUEFIED PETROLEUM GAS SPACE HEATER", for "regulation 6(i)" substitute "regulation 6(1)(i)".



(a) after the heading to Schedule 10, for "Regulations 6(j) and 6AA(f)" substitute "Regulation 6(1)(j)";

(b) after the heading "SPACE AIR TO AIR HEAT PUMP", for "regulations 6(j) and 6AA(f)" substitute "regulation 6(1)(j)".



(a) after the heading to Schedule 11, for "Regulation 6(k)" substitute "Regulation 6(2)(a)";

(b) after the heading "CEILING INSULATION"—

(i) for "regulation 6(k)" substitute "regulation 6(2)(a)";

(ii) after "AS 3999—1992" insert "published on 16 April 1992".

S.R. No. 6/2012


11

r. 17



(a) after the heading to Schedule 12, for "Regulation 6(l)" substitute "Regulation 6(1)(k)";

(b) after the heading "UNDER FLOOR INSULATION"—

(i) for "regulation 6(l)" substitute "regulation 6(1)(k)";

(ii) for "Installing a product as under floor insulation in accordance with AS 3999—1992 in respect of a floor area not previously insulated for a minimum area of 20m2, being a product that complies with the criteria specified in Part A of Schedule 12." substitute "Installing, in respect of a floor area that is not insulated, a product that complies with the criteria specified in Part A of Schedule 12 as under floor insulation for a minimum of 20m2 in accordance with AS 3999—1992 published on 16 April 1992.".



(a) after the heading to Schedule 13, for "Regulation 6(m)" substitute "Regulation 6(1)(l)";

(b) after the heading "THERMALLY EFFICIENT WINDOW", for "regulation 6(m)" substitute "regulation 6(1)(l)".

S.R. No. 6/2012


12

r. 20



(a) after the heading to Schedule 14, for "Regulation 6(n)" substitute "Regulation 6(1)(m)";

(b) after the heading "INSTALLATION OF PRODUCT ON SINGLE GLAZED WINDOW RAISING THERMAL EFFICIENCY"—

(i) for "regulation 6(n)" substitute "regulation 6(1)(m)";

(ii) for "Installing" substitute "Installing,".



(a) after the heading to Schedule 15, for "Regulation 6(o)" substitute "Regulation 6(2)(b)";

(b) after the heading "WEATHER SEALING"—

(i) omit "residential";

(ii) for "regulation 6(o)" substitute "regulation 6(2)(b)";

(iii) for "regulation 6(o)" substitute "regulation 6(2)(b)";

(iv) for "(not being an activity, or two or more activities that together, result in the premises failing to receive natural air changes at a rate of at least 0·5 per hour or to comply with the minimum ventilation requirements of Part 3.8.5

S.R. No. 6/2012


13

r. 22

of the Building Code)" substitute "(not being an activity that results, or two or more activities that together result, in the premises failing to receive natural air changes at a rate of at least 0·5 per hour or failing to comply with the minimum ventilation requirements of Part 3.8.5 of the 2008 edition of the Building Code)";

(c) after the heading "PART B—CALCULATION OF CARBON DIOXIDE EQUIVALENTS OF GREENHOUSE GASES", for "regulation 6(o)" substitute "regulation 6(2)(b)".



(a) after the heading to Schedule 17, for "Regulations 6(q) and 6AA(g)" substitute "Regulation 6(1)(n)";

(b) after the heading "LOW FLOW SHOWER ROSE"—

(i) for "regulations 6(q) and 6AA(g)" substitute "regulation 6(1)(n)";

(ii) after "AS/NZS 6400:2005" insert "reissued in December 2006";

(c) after the heading "PART B—CALCULATION OF CARBON DIOXIDE EQUIVALENTS OF GREENHOUSE GASES", for "(not being more than 2)" substitute "(not being more than 2 if installed in residential premises)".

S.R. No. 6/2012


14

r. 24



(a) after the heading to Schedule 19, for "Regulations 6(s) and 6AA(h)" substitute "Regulation 6(1)(o)";

(b) after the heading "DESTRUCTION OF PRE-1996 REFRIGERATOR OR FREEZER", for "regulations 6(s) and 6AA(h)" substitute "regulation 6(1)(o)".



(a) after the heading to Schedule 20, for "Regulation 6(t)" substitute "Regulation 6(1)(p)";

(b) after the heading "HIGH EFFICIENCY DUCTED GAS HEATER"—

(i) for "regulation 6(t)" substitute "regulation 6(1)(p)";

(ii) for "Installing a high efficiency ducted gas heater in new residential premises" substitute "Installing, in premises that are newly constructed and have not been previously occupied, a high efficiency ducted gas heater".



(a) after the heading to Schedule 21, for "Regulations 6(u) and 6AA(i)" substitute "Regulation 6(1)(q)";

S.R. No. 6/2012


15

r. 25

(b) after the heading "LIGHTING", for "regulations 6(u) and 6AA(i)" substitute "regulation 6(1)(q)".



(a) after the heading to Schedule 22, for "Regulations 6(v) and 6AA(j)" substitute "Regulation 6(1)(r)";

(b) after the heading "HIGH EFFICIENCY REFRIGERATORS AND FREEZERS", for "regulations 6(v) and 6AA(j)" substitute "regulation 6(1)(r)".



(a) after the heading to Schedule 23, for "Regulation 6(w)" substitute "Regulation 6(1)(s)";

(b) after the heading "REPLACEMENT OF REFRIGERATIVE AIR CONDITIONER WITH DUCTED EVAPORATIVE COOLER"—

(i) for "regulation 6(w)" substitute "regulation 6(1)(s)";

(ii) for "Decommissioning a refrigerative air conditioner for one or more main living areas (but not a bedroom) whether or not ducted and installing a ducted evaporative cooler that complies with the criteria specified in Part A of Schedule 23." substitute "Installing a ducted evaporative cooler that complies with the criteria specified in Part A of Schedule 23 after decommissioning a

S.R. No. 6/2012


16

r. 28

refrigerative air conditioner (whether or not ducted) that was not located in the rooms specified in regulation 6(1)(s)(i) or (ii).".



(a) after the heading to Schedule 24, for "Regulations 6(x) and 6AA(k)" substitute "Regulation 6(1)(t)";

(b) after the heading "INSTALLATION OF HIGH EFFICIENCY TELEVISION", for "regulations 6(x) and 6AA(k)" substitute "regulation 6(1)(t)".



(a) after the heading to Schedule 25, for "Regulation 6(y)" substitute "Regulation 6(1)(u)";

(b) after the heading "INSTALLATION OF ENERGY EFFICIENT (LOW GREENHOUSE INTENSITY) CLOTHES DRYER", for "6(y)" substitute "6(1)(u)".



(a) after the heading to Schedule 26 for "Regulation 6(z)" substitute "Regulation 6(1)(v)";

(b) after the heading "INSTALLATION OF HIGH EFFICIENCY POOL PUMP", for "regulation 6(z)" substitute "regulation 6(1)(v)";

S.R. No. 6/2012


17

r. 30

(c) after the heading "PART A—CRITERIA", for "with an input power of not less than 300W" substitute "with an input power of not less than 100W".



(a) after the heading to Schedule 28, for "Regulation 6(za)" substitute "Regulation 6(1)(w)";

(b) after the heading "REPLACEMENT OF GAS HEATING DUCTWORK"—

(i) for "regulation 6(za)" substitute "regulation 6(1)(w)";

(ii) after "decommissioning" omit "existing".



(a) after the heading to Schedule 29, for "Regulation 6(zb)" substitute "Regulation 6(1)(x)";

(b) after the heading "INSTALLATION OF STANDBY POWER CONTROLLER"

(i) for "regulation 6(zb)" substitute "regulation 6(1)(x)";

(ii) for "controller" substitute "controller,";

(c) after the heading "PART A—CRITERIA", within Item 29A omit "home";

(d) after the heading "PART B—CALCULATION OF CARBON DIOXIDE EQUIVALENTS OF

S.R. No. 6/2012


18

r. 33

GREENHOUSE GASES", for "number (not exceeding 4) of products installed" substitute "number of products installed (not being more than 4 if in residential premises)";

(e) for Items 29A and 29B of Part B, substitute—

"29A Abatement Factor:

(a) A product that is installed in residential premises and—

(i) satisfies the minimum eligibility criteria for an item 29A in Part A:

1·0;

(ii) satisfies the minimum eligibility criteria for an item 29A in Part A and is capable of automatically disconnecting mains power to controlled appliances when the master computer enters Sleep Mode, and has been demonstrated, to the satisfaction of the ESC, to be capable of achieving abatement of greater than or equal to 1·5 tonnes over a 10 year period and has been subjected to a field trialapproved by the ESC:

At

where At is the tonnes of abatement, not exceeding 6·0, that the product has demonstrated to be capable of

S.R. No. 6/2012


19

r. 34

achieving to the satisfaction of the ESC.

(b) A product that is installed in business or other non-residential premises and—

(i) satisfies the minimum eligibility criteria for an item 29A in Part A: 0·43;

(ii) satisfies the minimum eligibility criteria for an item 29A in Part A and is connected to at least 3 controlled appliances at the time of installation: 0·61;

(iii) satisfies the minimum eligibility criteria for an item 29A in Part A and is capable of automatically disconnecting mains power to controlled appliances when the master computer enters Sleep Mode, and has been demonstrated, to the satisfaction of the ESC, to be capable of achieving abatement of greater than or equal to 1·5 tonnes over a 10 year period and has been subjected to a field trial approved by the ESC: At

where At is the tonnes of abatement, not exceeding 6·0, that the product has demonstrated to be capable of achieving to the satisfaction of the ESC.

29B Abatement Factor:

S.R. No. 6/2012


20

r. 34

(a) A product that is installed in residential premises and—

(i) satisfies the minimum eligibility criteria for item 29B in Part A: 1·0

(ii) A product that satisfies the minimum eligibility criteria for item 29B in Part A and does not operate solely on the basis of a master/slave arrangement, and has been demonstrated, to the satisfaction of the ESC, to be capable of achieving abatement of greater than or equal to 1·5 tonnes over a 10 year period and has been subjected to a field trial approved by the ESC: At

where At is the tonnes of abatement, not exceeding 6·0, that the product has demonstrated to be capable of achieving to the satisfaction of the ESC.

(b) A product that is installed in business or other non-residential premises and—

(i) satisfies the minimum eligibility criteria for an item 29B in Part A: 0·45;

S.R. No. 6/2012


21

r. 34

(ii) satisfies the minimum eligibility criteria for an item 29B in Part A and is connected to at least 3 controlled appliances at the time of installation: 0·65.".

═══════════════

S.R. No. 6/2012


22

ENDNOTES

Endnotes S.R. No. 6/2012


23

1 Reg. 3: S.R. No. 158/2008 as amended by S.R. Nos 109/2010, 127/2010, 31/2011, 56/2011 and 146/2011.

——Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

Statutory rule provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 5 which substitutes new regulation 6(1)(k) and (2)(a) into the Principal Regulations

AS 3999:1992Thermal insulation of dwellings—Bulk insulation—Installation requirements published by Standards Australia on 16 April 1992.

The whole

Regulation 5 which substitutes new regulation 6(1)(n) into the Principal Regulations

AS/NZS 6400:2005Water efficient products—Rating and labelling published by Standards Australia/Standards New Zealand on 1 June 2005 and reissued December 2006 incorporating Amendments Nos 1, 2 and 3.

The whole

Statutory rule provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 5 which substitutes new regulation 6(2)(b) into the Principal Regulations

The 2008 edition of the Building Code of Australia comprising— (a)Volume One of the

Australian Building Codes Board Series including any variations or additions in the Appendix Victoria set out in the Appendices to that Volume; and

(b) Volume Two of the Australian Building Codes Board Series including any Victorian additions set out in Appendix A of that Volume.

Part 3.8.5

Documents

Victorian Energy Efficiency Target Amendment (Prescribed …FILE/12-006sr.docx · Web viewOCPC-VIC, Word 2007, Template Release 2010 V5.01