Victorian Energy Efficiency Target (Project-Based Activities) Amendment Regulations 2018 (Vic)
Victorian Energy Efficiency Target (Project-Based Activities) Amendment Regulations 2018
S.R. No. 175/2018
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Definitions
6Scoping approval
7Project plan approval
8New regulation 7A inserted
9Scoping approval and project plan approval variations
10Regulation 10 substituted
11Project impact report
12New regulation 11A inserted
13Matters to be specified by the ESC
14New regulation 17A inserted
15Matters to be specified by the Secretary
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Endnotes
STATUTORY RULES 2018
S.R. No. 175/2018
Victorian Energy Efficiency Target Act 2007
Victorian Energy Efficiency Target (Project-Based Activities) Amendment Regulations 2018
The Governor in Council makes the following Regulations:
Dated: 23 October 2018
Responsible Minister:
LILY D'AMBROSIO
Minister for Energy, Environment and Climate ChangeANDREW ROBINSON
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017 to enable certain benchmark processes to be used in calculating the carbon dioxide equivalent of greenhouse gases to be reduced by an activity prescribed by those Regulations.
2Authorising provision
These Regulations are made under section 75 of the Victorian Energy Efficiency Target Act 2007.
3Commencement
These Regulations come into operation on 11 December 2018.
4Principal Regulations
In these Regulations, the Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017[1] are called the Principal Regulations.
5Definitions
In regulation 4 of the Principal Regulations insert the following definitions—
"benchmark administrator means a person approved under regulation 17A(1);
benchmark process means a process that produces a benchmark rating calculated without including energy consumption that is attributed to the purchase of a GreenPower Product;
benchmark rating means a rating that—
(a)represents the energy efficiency of particular premises; and
(b)is calculated using energy consumption measurements that account for a 12 month period;
BR project means a project involving the use of a benchmark process, being a project that is the subject of—
(a)an application for a scoping approval that includes a nomination of a benchmark administrator under regulation 6(2A); or
(b)a scoping approval granted on an application referred to in paragraph (a);
GreenPower Product has the same meaning as in the National GreenPower Accreditation Program: Program Rules Version 10, published by the National GreenPower Steering Group on 9 May 2016;
MV project means a project involving the use of measurement and verification, being a project that is the subject of—
(a)an application for a scoping approval that does not include a nomination of a benchmark administrator under regulation 6(2A); or
(b)a scoping approval granted on an application referred to in paragraph (a);".
6Scoping approval
(1)For regulation 6(2) of the Principal Regulations substitute—
"(2)The application must—
(a)be in the manner and form specified by the ESC under regulation 15(1)(a); and
(b)include the information and documents specified by the ESC under regulation 15(1)(a); and
(c)include the information and documents specified in subregulation (3); and
(d)if the application does not include a nomination under subregulation (2A), include the information and documents specified in subregulation (3A); and
(e)be accompanied by any relevant fee fixed under section 73 of the Act.".
(2)After regulation 6(2) of the Principal Regulations insert—
"(2A) An application for a scoping approval may nominate a benchmark administrator for the project.".
(3)In regulation 6(3) of the Principal Regulations, for "The following information must be provided with an application for scoping approval" substitute "The information and documents required to be included under subregulation (2)(c) are the following".
(4)Regulation 6(3)(d)(i), (ii) and (iii) of the Principal Regulations are revoked.
(5)For regulation 6(3)(d)(vii) of the Principal Regulations substitute—
"(vii)if any lighting equipment is to be installed in carrying out the activity, an undertaking in the form specified by the ESC under regulation 15(1)(a)(iv);".
(6)After regulation 6(3) of the Principal Regulations insert—
"(3A)The information and documents required to be included under subregulation (2)(d) are the following—
(a)a description of the energy consuming products to be installed or removed or
modified;(b)a description of modifications to the way an existing energy consuming product is used;
(c)a description of products to be installed or removed that affect the energy consumption of an energy consuming product.".
(7)After regulation 6(4) of the Principal Regulations insert—
"(4A)The ESC must not grant a scoping approval on an application that includes a nomination under subregulation (2A) unless the premises where the project will be undertaken are of the type for which the administrator is approved to administer a benchmarking process.".
(8)For regulation 6(5) of the Principal Regulations substitute—
"(5)Except in the circumstances specified in subregulation (5A), the ESC must not grant a scoping approval if work for the purposes of the project has commenced at the premises where the project will be undertaken.".
(9)After regulation 6(5) of the Principal Regulations insert—
"(5A)The circumstances in which the ESC may grant a scoping approval in respect of a project despite work having commenced at the premises where the project will be undertaken are where—
(a)the application for the scoping approval includes a nomination under subregulation (2A); and
(b)the work did not commence before the application was submitted.".
(10)In regulation 6(6)(i) of the Principal Regulations, for "activities." substitute "activities;".
(11)After regulation 6(6)(i) of the Principal Regulations insert—
"(j)calculating the benchmark rating for the baseline period, as defined by the Secretary under regulation 18(1)(i), using a benchmark process.".
7Project plan approval
(1)For regulation 7(2) of the Principal Regulations substitute—
"(2)The application must—
(a)be in the manner and form specified by the ESC under regulation 15(1)(b); and
(b)include the information and documents specified by the ESC under regulation 15(1)(b); and
(c)include the information specified under regulation 7A(1); and
(d)if the application is in respect of an MV project, include the information and documents specified in regulation 7A(2);
and(e)be accompanied by any relevant fee fixed under section 73 of the Act.".
(2)Regulation 7(3) of the Principal Regulations is revoked.
8New regulation 7A inserted
After regulation 7 of the Principal Regulations insert—
7AInformation required in an application for a project plan approval"
(1)The information required, under regulation 7(2)(c), to be included with an application for a project plan approval is the following—
(a)a cost estimate for the project;
(b)an estimate of the carbon dioxide equivalent of greenhouse gases to be reduced by the project;
(c)indicative timings for the project, including the following—
(i)the commencement of project works;
(ii)the implementation start time;
(iii)if the implementation is to be carried out in stages, an indicative schedule of works to be implemented by the
project;(iv)the completion date of the
project.
(2)The information and documents required, under regulation 7(2)(d), to be included with an application for a project plan approval in respect of an MV project are the following—
(a)a measurement and verification plan that—
(i)is consistent with the Principles in Chapter 4 of EVO 10000—1:2014 International Performance Measurement and Verification Protocol (IPMVP) Core Concepts published by the Efficiency Valuation Organization in June 2014; and
(ii)is in the manner and form specified by the ESC under regulation 15(1)(b); and
(iii)contains the information and documents specified by the ESC under regulation 15(1)(b);
(b)the method to be used to calculate the reduction in greenhouse gases, specified by the Secretary under regulation 18(1)(b);
(c)a risk management plan which—
(i)specifies the responsibilities, accountabilities and authority levels of personnel with respect to the various aspects of the project; and
(ii)describes the relevant skills, qualifications and experience required for each project role to be undertaken;
(d)indicative timings for the project, including the following—
(i)the baseline period start and end date, as defined by the Secretary under regulation 18(1)(c);
(ii)if the project has an operating period start date, as defined by the Secretary under regulation 18(1)(d), that date;
(iii)if the project has an operating period end date, as defined by the Secretary under regulation 18(1)(d), that date.".
9Scoping approval and project plan approval variations
For regulation 8(3)(b) of the Principal Regulations substitute—
"(b) if the project is an MV project, the description of the activities to be undertaken as part of the MV project included in the scoping approval application under regulation 6(3A)(a), (b) and (c) has not substantially
changed;".
10Regulation 10 substituted
For regulation 10 of the Principal Regulations substitute—
"10 Method and variables
For the purposes of section 18(2) of the Act, the method and variables to be used to calculate the carbon dioxide equivalent of greenhouse gases to be reduced by an activity prescribed by regulation 5 are those specified by the Secretary under regulation 18(1)(da).".
11Project impact report
(1)For regulation 11(2) of the Principal Regulations substitute—
"(2)An application must—
(a)be in the manner and form specified by the ESC under regulation 15(1)(f); and
(b)include the information and documents specified by the ESC under regulation 15(1)(f); and
(c)include the information and documents specified in regulation 11A(1); and
(d)if the application is in respect of an MV project, include the information and documents specified in regulation 11A(2);
and(e)if the application is in respect of a BR project, include the documents specified in regulation 11A(3); and
(f)be accompanied by any relevant fee fixed under section 73 of the Act.".
(2)Regulation 11(3) of the Principal Regulations is revoked.
(3)For regulation 11(6) of the Principal Regulations substitute—
"(6)The ESC may approve a project impact report on an application under subregulation (1) if the ESC is satisfied that the project impact report demonstrates a reasonably accurate and reliable calculation of the carbon dioxide equivalent of greenhouse gases to be reduced by the project.".
(4)After regulation 11(6) of the Principal Regulations insert—
"(6A)In determining whether to approve a project impact report on an application in respect of an MV project, the ESC must have regard to the report from the approved Measurement and Verification Professional that is included with the application.".
(5)In regulation 11(7) of the Principal Regulations, for "either regulation 6(3)(d)(vi) or (vii)," substitute "regulation 6(3)(d)(vi), (vii) or (3)(f),".
12New regulation 11A inserted
After regulation 11 of the Principal Regulations insert—
"11A Information and documents required in an application for approval of a project impact report
(1)The information and documents required, under regulation 11(2)(c), to be included with an application for approval of a project impact report are the following—
(a)a project impact report that—
(i)complies with the regulations and with the ESC guidelines;
and
(ii)includes the matters specified by the Secretary under regulation 18(1)(e); and
(iii)includes the method and variables that are specified by the Secretary as applicable to the type of project under regulation 18(1A)(a); and
(iv)includes the values for the variables specified by the Secretary in accordance with regulation 18(1A)(b); and
(v)sets out the calculation under section 18(2) of the Act in respect of the project;
(b)if any lighting equipment was removed in carrying out the project, evidence that the removed lighting equipment was decommissioned;
(c)if any lighting equipment was installed in carrying out the project, evidence that the lighting equipment installed is listed on the register kept by the ESC in accordance with regulation 29 of the Victorian Energy Efficiency Target Regulations 2018[2].
(2)The information and documents required, under regulation 11(2)(d), to be included with an application for approval of a project impact report in respect of an MV project are the following—
(a)a project impact report that is consistent with the measurement and verification plan submitted with the project plan approval;
(b)a report from an approved Measurement and Verification Professional that advises that the project impact report—
(i)complies with the regulations and with the ESC guidelines;
and
(ii)is consistent with the measurement and verification plan submitted with the project plan approval;
(c)a declaration from the approved Measurement and Verification Professional that they are independent from the project, in accordance with the requirements specified by the ESC under regulation 15(1)(h).
(3)The documents required, under regulation 11(2)(e), to be included with an application for approval of a project impact report in respect of a BR project are the following—
(a)a document produced by the benchmark administrator in respect of the baseline period, as defined by the Secretary under regulation 18(1)(i), that—
(i)specifies the address of the premises where the project will be undertaken; and
(ii)includes the information specified in subregulation (4) in respect of the baseline period;
(b)a document produced by the benchmark administrator in respect of the reporting period, as defined by the Secretary under regulation 18(1)(i), that—
(i)specifies the address of the premises where the project will be undertaken; and
(ii)includes the information specified in subregulation (4) in respect of the reporting period.
(4)The information to be included in the benchmark administrator's document in respect of a particular period is the following—
(a)the benchmark rating produced for that period by the nominated benchmark administrator;
(b)the variables used to calculate the benchmark rating;
(c)the values for the variables used to calculate the benchmark rating;
(d)the start and end date of the period;
(e)details of the electricity and gas consumption for that period at the premises;
(f)details of any purchases of GreenPower Products in respect of that period.".
13Matters to be specified by the ESC
After regulation 15(1)(a)(iii) of the Principal Regulations insert—
"(iv)that a person will not create a certificate in respect of a project that involves the installation of lighting equipment unless and until that lighting equipment is listed on the register kept by the ESC in accordance with regulation 29 of the Victorian Energy Efficiency Target Regulations 2018;".
14New regulation 17A inserted
After regulation 17 of the Principal Regulations insert—
"17A Benchmark administrator
(1)The Secretary may approve a person to administer, for the purposes of these Regulations, a benchmark process in relation to premises of a specified type if the Secretary is satisfied that—
(a)the person administers a benchmark process that—
(i)is suitable for that type of premises; and
(ii)is explained in documents published on a website and available free of charge; and
(b)the person provides an electronic mechanism for calculating the maximum energy that the type of premises that the person is approved for can consume for a given benchmark rating; and
(c)the person has experience in building performance benchmarking; and
(d)the person undertakes audits of the benchmark ratings produced using the process referred to in paragraph (a).
(2)The Secretary must publish and keep a list of benchmark administrators.
(3)The list of benchmark administrators must include the following information for each benchmark administrator—
(a)the name of the benchmark administrator;
(b)the type of premises for which the benchmark administrator is approved to administer a benchmark process.".
15Matters to be specified by the Secretary
(1)In regulation 18(1)(b) of the Principal Regulations, for "7(3)(d)" substitute
"7A(2)(b)".
(2)In regulation 18(1)(c) of the Principal Regulations, for "7(3)(f)(iii)" substitute "7A(2)(d)(i)".
(3)In regulation 18(1)(d) of the Principal Regulations, for "7(3)(f)(iv)" substitute "7A(2)(d)(ii) and (iii)".
(4)After regulation 18(1)(d) of the Principal Regulations insert—
"(da)for the purposes of regulation 10, the method and variables to be used to calculate the carbon dioxide equivalent of greenhouse gases to be reduced by an activity prescribed by regulation 5;".
(5)In regulation 18(1)(e) of the Principal Regulations, for "11(3)(a)(iii)" substitute "11A(1)(a)(ii)".
(6)Regulation 18(1)(f) of the Principal Regulations is revoked.
(7)In regulation 18(1)(h) of the Principal Regulations, for "Act." substitute "Act;".
(8)After regulation 18(1)(h) of the Principal Regulations insert—
"(i)for the purposes of regulations 6(6)(j) and 11A(3), the definition of the baseline period and the reporting period for benchmark ratings.".
(9)After regulation 18(1) of the Principal Regulations insert—
"(1A)The specification of method and variables under subregulation (1)(da) may provide for the following—
(a)different methods and variables that are applicable to different types of projects;
(b)variables the values for which are required to be included with an application for approval of a project impact report;
(c)the specification of variables that are also used to calculate a benchmark rating.".
(10)In regulation 18(2) of the Principal Regulations, for "In exercising the powers conferred under subregulation (1), the Secretary" substitute "The specifications referred to in subregulation (1)".
(11)Regulation 18(2)(a) and (b) of the Principal Regulations are revoked.
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Endnotes
[1] Reg. 4: S.R. No. 46/2017.
[2] Reg. 12: S.R. No. 145/2018.
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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 2014.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 5 which amends regulation 4 the Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017 | National GreenPower Accreditation Program: Program Rules Version 10, published by the National GreenPower Steering Group on 9 May 2016 | Meaning of GreenPower Product |
| Regulation 8 which inserts new regulation 7A(2)(a) into the Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017 | EVO 10000—1:2014 International Performance Measurement and Verification Protocol (IPMVP) Core Concepts published by the Efficiency Valuation Organization in June 2014 | Principles in Chapter 4 |
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