Victorian Energy Efficiency Target Amendment (Prescribed …FILE/11-146sr.docx · Web viewOCPC-VIC, Word 2007, Template Release 2010 V5.01

Victorian Energy Efficiency Target Amendment (Prescribed Activities) Regulations 2011

S.R. No. 146/2011

TABLE OF PROVISIONS

Regulation Page

PART 1—PRELIMINARY 1

1 Objectives 12 Authorising provision 23 Commencement 24 Principal Regulations 25 Objectives 26 Definitions 2

PART 2—PRESCRIBED ACTIVITIES 4

7 Prescribed activities for which certificates may be created 48 New regulation 6AA inserted 4

6AA Prescribed activities undertaken in business and non-residential premises for which certificates may be created 4

9 Time at which prescribed activity is undertaken 610 Certificate not to be created more than once for same product

or activity in residential premises 611 New regulation 8A inserted 6

8A Certificate not to be created more than once for same product installed in business or non-residential premises 6

12 Register to be kept by the ESC 713 Conditions and circumstances under which a certificate cannot

be created 7

PART 3—SCHEDULES 8

14 Schedule 1 amended 815 Schedule 2 amended 816 Schedule 3 amended 817 Schedule 4 amended 818 Schedule 5 amended 919 Schedule 10 amended 9

1

20 Schedule 17 amended 921 Schedule 19 amended 1022 Schedule 21 amended 1023 Schedule 22 amended 1624 Schedule 24 amended 1625 Schedule 29 amended 17

═══════════════ENDNOTES 19

STATUTORY RULES 2011

S.R. No. 146/2011

Victorian Energy Efficiency Target Act 2007

Victorian Energy Efficiency Target Amendment (Prescribed Activities) Regulations 2011

The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations:

Dated: 6 December 2011

Responsible Minister:

MICHAEL O'BRIENMinister for Energy and Resources

MATTHEW McBEATHClerk of the Executive Council

PART 1—PRELIMINARY

1 Objectives

The objectives of these Regulations are—

(a) to prescribe activities carried out in business premises and other non-residential premises that result in reduction of greenhouse gas emissions that would not otherwise have occurred if the activities were not undertaken;

(b) to change the method for calculating, in tonnes, the carbon dioxide equivalent of greenhouse gases to be reduced by the installation of certain products;

1

(c) to amend and insert abatement factors for certain prescribed activities to recognise the increased abatement capacity of more energy efficient products;

(d) to make other minor amendments.

2 Authorising provision

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

3 Commencement

(1) These Regulations (except regulation 6(2)) come into operation on 7 December 2011.

(2) Regulation 6(2) comes into operation on 1 January 2012.

4 Principal Regulations

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

5 Objectives

In regulation 1(a) of the Principal Regulations omit "carried out in residential premises".

6 Definitions

(1) In regulation 4 of the Principal Regulations—

(a) in the definition of install—

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

(ii) in paragraph (c) after "6(x)" insert "or 6AA(k)";

(b) in the definition of window omit "residential".

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Victorian Energy Efficiency Target Amendment (Prescribed Activities) Regulations 2011S.R. No. 146/2011

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(2) In regulation 4 of the Principal Regulations, the definition of residential customer is revoked.

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PART 2—PRESCRIBED ACTIVITIES

7 Prescribed activities for which certificates may be created

(1) In the heading to regulation 6 of the Principal Regulations, after "activities" insert "undertaken in residential premises".

(2) In regulation 6(g), (h), (j), (o) and (s) of the Principal Regulations omit "residential".

8 New regulation 6AA inserted

After regulation 6 of the Principal Regulations insert—

"6AA Prescribed activities undertaken in business and non-residential premises for which certificates may be created

The following activities undertaken in business premises or other non-residential premises are prescribed for the purposes of section 15 of the Act—

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

(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;

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(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) 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;

(g) 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) and installing a low flow shower rose that complies with the criteria specified in Part A of Schedule 17;

(h) 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;

(i) 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;

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

(k) installing a high efficiency television that complies with the criteria specified in Part A of Schedule 24.".

9 Time at which prescribed activity is undertaken

In regulation 7 of the Principal Regulations, after "regulation 6" insert "or 6AA".

10 Certificate not to be created more than once for same product or activity in residential premises

(1) In the heading to regulation 8 of the Principal Regulations, after "activity" insert "in residential premises".

(2) In regulation 8 of the Principal Regulations—

(a) for "(other than lamps or shower roses)" substitute "(other than lamps or a shower rose)";

(b) for "certificate must not be issued" substitute "certificate must not be created".

11 New regulation 8A inserted

After regulation 8 of the Principal Regulations insert—

"8A Certificate not to be created more than once for same product installed in business or non-residential premises

If a certificate has been created for a prescribed activity involving the installation of a product (other than lamps or a shower rose) in business premises or other non-residential premises, a certificate must not be created in respect of any other prescribed activity involving that product.".

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12 Register to be kept by the ESC

In regulation 9(1) of the Principal Regulations omit "in residential premises".

13 Conditions and circumstances under which a certificate cannot be created

For regulation 10(1)(a) of the Principal Regulations substitute—

"(a) if the prescribed activity is undertaken as a performance requirement under the Building Code in relation to the premises in which the activity is undertaken; or

(ab) if the prescribed activity is undertaken in premises in relation to which there is an entry on the register of scheduled activities within the meaning of section 26G of the Environment Protection Act 1970; orNote

The register of scheduled activities can be viewed at http://www.epa.vic.gov.au.".

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PART 3—SCHEDULES

14 Schedule 1 amended

In Schedule 1 to the Principal Regulations—

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

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



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

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



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

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



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

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(b) for the heading "SOLAR PRE—HEATER" substitute "SOLAR PRE-HEATER";

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



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

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

(c) after "AS 4556—2000" (wherever occurring) insert "or AS 4556—2011".



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

(b) after the heading "SPACE AIR TO AIR HEAT PUMP"—

(i) for "regulation 6(j)" substitute "regulations 6(j) and 6AA(f)";

(ii) omit "residential".



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

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(b) after the heading "LOW FLOW SHOWER ROSE", for "regulation 6(q)" substitute "regulations 6(q) and 6AA(g)";

(c) in Part B, for "(b) If the product is installed in regional Victoria: 1·04" substitute "(b) If the product is installed in regional Victoria: 1·40".



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

(b) after the heading "DESTRUCTION OF PRE-1996 REFRIGERATOR OR FREEZER"—

(i) for "regulation 6(s)" substitute "regulations 6(s) and 6AA(h)";

(ii) omit "residential".



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

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

(c) in Item 21C(b)(vi) of Part A, before "has a beam angle" insert "in the case of a product installed in residential premises,";

(d) in Item 21D(b)(iii) of Part A, for "400 lumens" substitute "350 lumens";

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(e) in Item 21D(b)(vi) of Part A, before "has a beam angle" insert "in the case of a product installed in residential premises,";

(f) for Item 21C(c) of Part B substitute—

"(c) The abatement factor for a product that achieves a minimum lighting source efficacy of 36 lumens/watt and has a manufacturer's rated lifetime of a number of hours in the range specified, in respect of an item, in column 2 of the following Table is the factor shown in column 3 of that Table in respect of that item.

Column 1

Item

Column 2

Hours

Column 3Abatement factor

1 8000 or more and less than 10 000

0·27

2 10 000 or more and less than 12 000

0·33


0·40


0·50

5 20 000 or more 0·67

(d) The abatement factor for a product that achieves a minimum lighting source efficacy of 43 lumens/watt and has a manufacturer's rated lifetime of a number of hours in the range specified, in respect of an item, in column 2 of the following Table is the factor shown in column 3 of that Table in respect of that item.

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Column 1

Item

Column 2

Hours



0·29


0·36


0·44


0·55

5 20 000 or more 0·73

(e) The abatement factor for a product that achieves a minimum lighting source efficacy of 52 lumens/watt and has a manufacturer's rated lifetime of a number of hours in the range specified, in respect of an item, in column 2 of the following Table is the factor shown in column 3 of that Table in respect of that item.

Column 1

Item

Column 2

Hours



0·31


0·39


0·47

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Column 1

Item

Column 2

Hours



0·59

5 20 000 or more 0·78

(f) The abatement factor for a product that achieves a minimum lighting source efficacy of 62 lumens/watt and has a manufacturer's rated lifetime of a number of hours in the range specified, in respect of an item, in column 2 of the following Table is the factor shown in column 3 of that Table in respect of that item.

Column 1

Item

Column 2

Hours



0·33


0·41


0·50


0·62

5 20 000 or more 0·83 ".

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(g) for Item 21D(c) of Part B substitute—

"(c) The abatement factor for a product that achieves a minimum lighting source efficacy of 58 lumens/watt and has a manufacturer's rated lifetime of a number of hours in the range specified, in respect of an item, in column 2 of the following Table is the factor shown in column 3 of that Table in respect of that item.

Column 1

Item

Column 2

Hours



0·34


0·42


0·51


0·63

5 20 000 or more 0·84

(d) The abatement factor for a product that achieves a minimum lighting source efficacy of 69 lumens/watt and has a manufacturer's rated lifetime of a number of hours in the range specified, in respect of an item, in column 2 of the following Table is the factor shown in column 3 of that Table in respect of that item.

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Column 1

Item

Column 2

Hours



0·35


0·44


0·53


0·66

5 20 000 or more 0·88

(e) The abatement factor for a product that achieves a minimum lighting source efficacy of 83 lumens/watt and has a manufacturer's rated lifetime of a number of hours in the range specified, in respect of an item, in column 2 of the following Table is the factor shown in column 3 of that Table in respect of that item.

Column 1

Item

Column 2

Hours



0·36


0·45


0·54

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Column 1

Item

Column 2

Hours



0·68

5 20 000 or more 0·90 ".



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

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



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

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

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For Part B of Schedule 29 to the Principal Regulations substitute—

"PART B—CALCULATION OF CARBON DIOXIDE EQUIVALENTS OF GREENHOUSE

GASES

The method and variables to be used to calculate in tonnes the carbon dioxide equivalent of greenhouse gases to be reduced by the installation of a product or products referred to in an item in Part A is determined by the sum of the figures obtained by multiplying the number (not exceeding 4) of products installed in the premises under each item in Part A, by the abatement factor for that item.

The following are the abatement factors and regional factors for each item in Part A:

Item

29A Abatement Factor:

(a) A product that satisfies the minimum eligibility criteria for an item in Part A: 1·0;

(b) A product that satisfies the minimum eligibility criteria for 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

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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:

(a) A product that satisfies the minimum eligibility criteria for item 29B in Part A: 1·0;

(b) 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.".═══════════════

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ENDNOTES

Endnotes


19

1 Reg. 4: S.R. No. 158/2008 as amended by S.R. Nos 109/2010, 127/2010, 31/2011 and 56/2011.

——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 8 which inserts new regulation 6AA(g) into the Principal Regulations

Australian/New Zealand Standard 6400:2005

Water efficient products -Rating and labelling

The whole

Regulation 18 which amends Schedule 5 of the Principal Regulations

Australian Standard 4556—2011

Indirect gas-fired ducted air heaters

The whole

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Victorian Energy Efficiency Target Amendment (Prescribed …FILE/11-146sr.docx · Web viewOCPC-VIC, Word 2007, Template Release 2010 V5.01