Untitled document
Victorian Energy Efficiency Target Amendment (Prescribed Activities) Regulations 2011
S.R. No. 146/2011
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY
1Objectives
2Authorising provision
3Commencement
4Principal Regulations
5Objectives
6Definitions
PART 2—PRESCRIBED ACTIVITIES
7Prescribed activities for which certificates may be created
8New regulation 6AA inserted
6AAPrescribed activities undertaken in business and non‑residential premises for which certificates may
be created
9Time at which prescribed activity is undertaken
10Certificate not to be created more than once for same product
or activity in residential premises11New regulation 8A inserted
8ACertificate not to be created more than once for
same product installed in business or non-residential premises
12Register to be kept by the ESC
13Conditions and circumstances under which a certificate cannot
be created
PART 3—SCHEDULES
14Schedule 1 amended
15Schedule 2 amended
16Schedule 3 amended
17Schedule 4 amended
18Schedule 5 amended
19Schedule 10 amended
20Schedule 17 amended
21Schedule 19 amended
22Schedule 21 amended
23Schedule 22 amended
24Schedule 24 amended
25Schedule 29 amended
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ENDNOTES
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'BRIEN
Minister for Energy and ResourcesMATTHEW McBEATH
Clerk of the Executive Council
PART 1—PRELIMINARY
1Objectives
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;
(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.
2Authorising provision
These Regulations are made under section 75 of the Victorian Energy Efficiency Target Act 2007.
3Commencement
(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.
4Principal Regulations
In these Regulations, the Victorian Energy Efficiency Target Regulations 2008[1] are called the Principal Regulations.
5Objectives
In regulation 1(a) of the Principal Regulations omit "carried out in residential premises".
6Definitions
(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".
(2)In regulation 4 of the Principal Regulations, the definition of residential customer is revoked.
__________________
PART 2—PRESCRIBED ACTIVITIES
7Prescribed 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".
8New 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;
(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;
(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.".
9Time at which prescribed activity is undertaken
In regulation 7 of the Principal Regulations, after "regulation 6" insert "or 6AA".
10Certificate 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".
11New 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.".
12Register to be kept by the ESC
In regulation 9(1) of the Principal Regulations omit "in residential premises".
13Conditions 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; or
Note
The register of scheduled activities can be viewed at align="center">__________________
PART 3—SCHEDULES
14Schedule 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)".
15Schedule 2 amended
In Schedule 2 to the Principal Regulations—
(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)".
16Schedule 3 amended
In Schedule 3 to the Principal Regulations—
(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)".
17Schedule 4 amended
In Schedule 4 to the Principal Regulations—
(a)after the heading to Schedule 4, for "Regulation 6(d)" substitute "Regulations 6(d) and 6AA(d)";
(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)".
18Schedule 5 amended
In Schedule 5 to the Principal Regulations—
(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".
19Schedule 10 amended
In Schedule 10 to the Principal Regulations—
(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".
20Schedule 17 amended
In Schedule 17 to the Principal Regulations—
(a)after the heading to Schedule 17, for "Regulation 6(q)" substitute "Regulations 6(q) and 6AA(g)";
(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".
21Schedule 19 amended
In Schedule 19 to the Principal Regulations—
(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".
22Schedule 21 amended
In Schedule 21 to the Principal Regulations—
(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";
(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
ItemColumn 2
HoursColumn 3
Abatement factor
1 8000 or more and less than 10 000 0·27 2 10 000 or more and less than 12 000 0·33 3 12 000 or more and less than 15 000 0·40 4 15 000 or more and less than 20 000 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.
Column 1
ItemColumn 2
HoursColumn 3
Abatement factor
1 8000 or more and less than 10 000 0·29 2 10 000 or more and less than 12 000 0·36 3 12 000 or more and less than 15 000 0·44 4 15 000 or more and less than 20 000 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
ItemColumn 2
HoursColumn 3
Abatement factor
1 8000 or more and less than 10 000 0·31 2 10 000 or more and less than 12 000 0·39 3 12 000 or more and less than 15 000 0·47 4 15 000 or more and less than 20 000 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
ItemColumn 2
HoursColumn 3
Abatement factor
1 8000 or more and less than 10 000 0·33 2 10 000 or more and less than 12 000 0·41 3 12 000 or more and less than 15 000 0·50 4 15 000 or more and less than 20 000 0·62 5
20 000 or more
0·83
".
(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
ItemColumn 2
HoursColumn 3
Abatement factor
1 8000 or more and less than 10 000 0·34 2 10 000 or more and less than 12 000 0·42 3 12 000 or more and less than 15 000 0·51 4 15 000 or more and less than 20 000 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.
Column 1
ItemColumn 2
HoursColumn 3
Abatement factor
1 8000 or more and less than 10 000 0·35 2 10 000 or more and less than 12 000 0·44 3 12 000 or more and less than 15 000 0·53 4 15 000 or more and less than 20 000 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
ItemColumn 2
HoursColumn 3
Abatement factor
1 8000 or more and less than 10 000 0·36 2 10 000 or more and less than 12 000 0·45 3 12 000 or more and less than 15 000 0·54 4 15 000 or more and less than 20 000 0·68 5 20 000 or more 0·90 ". 23Schedule 22 amended
In Schedule 22 to the Principal Regulations—
(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)".
24Schedule 24 amended
In Schedule 24 to the Principal Regulations—
(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)".25Schedule 29 amended
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
29AAbatement 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
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.
29BAbatement 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
[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
0
0
0