Victorian Energy Efficiency Target Amendment (Commercial and Industrial Solar, High Efficiency Motors and Other Matters) Regulations 2025 (Vic)

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Victorian Energy Efficiency Target Amendment (Commercial and Industrial Solar, High Efficiency Motors and Other Matters) Regulations 2025

S.R. No. 91/2025

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objective

2Authorising provision

3Commencement

4Principal Regulations

Part 2—Amendment of Principal Regulations

5Definitions

6References in Schedule 2 to certain matters being specified

7Prescribed activities

8Certificate cannot be created unless co-payment made

9Certificate cannot be created unless installed product listed on ESC register

10ESC may list a product on the ESC register

11Determinations of ESC in relation to certain matters

12Prescribed greenhouse gas scheme

13Regulation 39 revoked

14High efficiency motor—prescribed activity

15Induction cooktops and freestanding combined induction cooking products—prescribed activity

16New Part 47 of Schedule 2 inserted

17New clause 47 of Schedule 3 inserted

18New clause 14 of Schedule 4 inserted

19Dispute resolution framework

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Endnotes

STATUTORY RULES 2025

S.R. No. 91/2025

Victorian Energy Efficiency Target Act 2007

Victorian Energy Efficiency Target Amendment (Commercial and Industrial Solar, High Efficiency Motors and Other Matters) Regulations 2025

The Governor in Council makes the following Regulations:

Dated: 23 September 2025

Responsible Minister:

LILY D'AMBROSIO
Minister for Energy and Resources

ANGELA SMITH

Clerk of the Executive Council

PART 1—PRELIMINARY

1Objective

The objective of these Regulations is to amend the Victorian Energy Efficiency Target Regulations 2018—

(a)to prescribe the installation of a commercial and industrial solar photovoltaic system to be a prescribed activity; and

(b)to make further provision with respect to payments by energy consumers in consideration for the installation or sale of certain products; and

(c)to include an additional efficiency level for high efficiency motors that may be installed as part of a prescribed activity; and

(d)to update the definition of residential premises to clarify the installation requirements and limits for certain activities by building classification; and

(e)to make other minor and technical amendments.

2Authorising provision

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

3Commencement

These Regulations come into operation on 29 September 2025.

4Principal Regulations

In these Regulations, the Victorian Energy Efficiency Target Regulations 2018[1] are called the Principal Regulations.

PART 2—AMENDMENT OF PRINCIPAL REGULATIONS

5Definitions

In regulation 5 of the Principal Regulations—

(a)insert the following definitions—

"approved inverter means an inverter the model of which is an approved eligible model under regulation 20AC(9) of the Renewable Energy (Electricity) Regulations 2001 of the Commonwealth;

approved photovoltaic module means a photovoltaic module the model of which is an approved eligible model under regulation 20AC(10) of the Renewable Energy (Electricity) Regulations 2001 of the Commonwealth;

Distribution Network Service Provider has the same meaning as it has in the National Electricity Rules;

excluded inverter means an approved inverter that is subject to a determination under regulation 36(6A);

excluded photovoltaic module means an approved photovoltaic module that is subject to a determination under regulation 36(6A);

National Electricity Rules has the same meaning as it has in the Electricity Industry Act 2000;

National Metering Identifier has the same meaning as NMI has in the National Electricity Rules;

negotiated connection contract has the same meaning as it has in Chapter 5A of the National Electricity Rules;

sole-occupancy unit has the same meaning as it has in Schedule 1 to Volume One of the Building Code;";

(b)for the definition of residential premises substitute

"residential premises means—

(a)a building classified as a Class 1 building under Part A6 of Volume One of the Building Code; or

(b)a sole-occupancy unit in a building classified as a Class 2 building under Part A6 of Volume One of the Building Code; or

(c)a sole-occupancy unit in a building classified as a Class 3 building under Part A6 of Volume One of the Building Code; or

(d)a building classified as a Class 4 building under Part A6 of Volume One of the Building Code;".

6References in Schedule 2 to certain matters being specified

In regulation 7(2) of the Principal Regulations—

(a)in paragraph (u), for "dimensions." substitute "dimensions;";

(b)after paragraph (u) insert

"(v)inverter requirements;

(w)photovoltaic module requirements.".

7Prescribed activities

(1)After regulation 10(3) of the Principal Regulations insert

"(3A)For the purposes of section 15(1) of the Act, an activity set out in Part 47 of Schedule 2 that is undertaken in business premises or other non-residential premises (excluding a building that is classified under Part A6 of Volume One of the Building Code as a Class 2 building) in compliance with that Part is a prescribed activity.".

(2)For regulation 10(4) and (5) of the Principal Regulations substitute

"(4)For the purposes of section 15(1) of the Act, an activity set out in Part 34, 37, 38, 39, 40, 41, 42 or 44 of Schedule 2 is also a prescribed activity if it is undertaken in compliance with that Part in the common areas of a building that is classified under Part A6 of Volume One of the Building Code as a Class 2 or 3 building.

(5)For the purposes of section 15(1) of the Act, an activity set out in Part 45 of Schedule 2 is a prescribed activity if it is undertaken in compliance with that Part in a building that is—

(a)classified under Part A6 of Volume One of the Building Code as a Class 1a or 2 building; and

(b)not situated on retirement village land within the meaning of the Retirement Villages Act 1986.".

(3)Regulation 10(6) and (7) of the Principal Regulations are revoked.

8Certificate cannot be created unless co-payment made

In regulation 15A(2) of the Principal Regulations—

(a)after paragraph (k) insert

"(ka)a category 31A product;

(kb)a category 31B product;";

(b)in paragraph (o), for "product." substitute "product;";

(c)after paragraph (o) insert

"(p)a category 47A product;

(q)a category 47B product.".

9Certificate cannot be created unless installed product listed on ESC register

After regulation 16(4) of the Principal Regulations insert

"(5)Subregulation (1) does not apply in relation to a prescribed activity involving the installation of any of the following products if, at the time of installation, the product is comprised of one or more approved inverters and one or more approved photovoltaic modules—

(a)a category 47A product;

(b)a category 47B product.".

10ESC may list a product on the ESC register

In regulation 31(4)(b) of the Principal Regulations, for "Safety" substitute "Safe".

11Determinations of ESC in relation to certain matters

After regulation 36(6) of the Principal Regulations insert

"(6A)The ESC may determine that an approved inverter or an approved photovoltaic module is excluded from a prescribed activity set out in Part 47 of Schedule 2 if the ESC reasonably believes that the inverter or the photovoltaic module—

(a)may be unsafe; or

(b)may not be of acceptable quality; or

(c)may not be fit for its intended purpose; or

(d)does not meet any inverter requirements or photovoltaic module requirements (as the case may be) set out in the Secretary's specifications.

(6B)In determining whether or not to make a determination under subregulation (6A), the ESC may have regard to the following—

(a)any matters that the ESC considers relevant;

(b)any advice provided to the ESC by Energy Safe Victoria with respect to the inverter or the photovoltaic module.

(6C)The ESC may revoke a determination under subregulation (6A) if the ESC is satisfied that the matters that gave rise to the determination under subregulation (6A) have been investigated and resolved.".

12Prescribed greenhouse gas scheme

In regulation 38(b) of the Principal Regulations, for "Parts 1 and 3" substitute "Part 1, 3 or 47".

13Regulation 39 revoked

Regulation 39 of the Principal Regulations is revoked.

14High efficiency motor—prescribed activity

In Table 31.1 of Part 31 of Schedule 2 to the Principal Regulations, in column 2, before "IE4 (super premium)" insert "IE3 (premium) or".

15Induction cooktops and freestanding combined induction cooking products—prescribed activity

In clause 37(1) of Schedule 2 to the Principal Regulations, for "25 October 2025" substitute "30 June 2026".

16New Part 47 of Schedule 2 inserted

After Part 46 of Schedule 2 to the Principal Regulations insert

"PART 47—COMMERCIAL AND INDUSTRIAL SOLAR PHOTOVOLTAIC SYSTEM

38Prescribed activity

The prescribed activity is installing, in accordance with a negotiated connection contract and in accordance with the specified pre-installation requirements (if any) and the specified installation requirements (if any), an unlisted product that—

(a)is comprised of—

(i)one or more approved inverters (other than excluded inverters); and

(ii)one or more approved photovoltaic modules (other than excluded photovoltaic modules); and

(b)complies with the criteria specified in column 2 of an item in Table 47.1.

Table 47.1—Product categories

Column 1

Category number

Column 2


Criteria applying to product category

47A

A solar photovoltaic system that—

(a)   is connected to a distribution network by one or more photovoltaic modules to produce and deliver energy; and

(b)   has a total photovoltaic module capacity of more than or equal to 30 kW and less than or equal to 100 kW; and

(c)   meets any specified minimum warranty requirements; and

(d)   meets any specified inverter requirements; and

(e)   meets any specified photovoltaic module requirements; and

(f)    meets any other requirements of the Secretary's specifications for this product category.

47B

A solar photovoltaic system that—

(a)   is connected to a distribution network by one or more photovoltaic modules to produce and deliver energy; and

(b)   has a total photovoltaic module capacity of more than 100 kW and less than or equal to 200 kW; and

(c)   meets any specified minimum warranty requirements; and

(d)   meets any specified inverter requirements; and

(e)   meets any specified photovoltaic module requirements; and

(f)    meets any other requirements of the Secretary's specifications for this product category.

47C A product that meets the requirements of the Secretary's specifications for this product category.

".

17New clause 47 of Schedule 3 inserted

After clause 46 of Schedule 3 to the Principal Regulations insert

"47   Commercial and industrial solar photovoltaic system—Schedule 2, Part 47

The time specified for the purposes of regulation 11(1) and (2) for a prescribed activity set out in Part 47 of Schedule 2 is the first day on which the installed product—

(a)is connected to a distribution network in accordance with the approval of a Distribution Network Service Provider under a negotiated connection contract; and

(b)is able to produce and deliver energy.".

18New clause 14 of Schedule 4 inserted

After clause 13 of Schedule 4 to the Principal Regulations insert

"14   Commercial and industrial solar photovoltaic system

A certificate cannot be created in relation to a prescribed activity involving the installation of a product specified in Part 47 of Schedule 2 if the product shares a National Metering Identifier with another product specified in Part 47 of Schedule 2 that was installed as part of a prescribed activity (whether or not a certificate was created for that activity).".

19Dispute resolution framework

In clause 28(3)(c) of Schedule 6 to the Principal Regulations—

(a)in subparagraph (ii) omit "dispute resolution and";

(b)in subparagraph (iii) omit "other".

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ENDNOTES


[1] Reg. 4: S.R. No. 145/2018 as amended by S.R. Nos 145/2018, 142/2020, 97/2021, 153/2021, 171/2021, 37/2022, 93/2022, 25/2023, 60/2023, 26/2024, 109/2024 and 27/2025.

——

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 2024.

In this table—

Building Code of Australia means the Building Code of Australia comprising—

(a)Volume One of the National Construction Code 2022 including any Victorian variations or additions set out in that Volume; and

(b)Volume Two of the National Construction Code 2022 including any Victorian variations or additions set out in that Volume;

Principal Regulations means the Victorian Energy Efficiency Target Regulations 2018.

Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 5(a) which inserts the definition of sole-occupancy unit in regulation 5 of the Principal Regulations Building Code of Australia Schedule 1 to Volume One
Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 5(b) which substitutes the definition of residential premises in regulation 5 of the Principal Regulations Building Code of Australia Part A6 of Volume One
Regulation 7(1) which inserts regulation 10(3A) into the Principal Regulations Building Code of Australia Part A6 of Volume One
Regulation 7(2) which substitutes regulation 10(4) and (5) of the Principal Regulations Building Code of Australia Part A6 of Volume One
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