Victorian Energy Efficiency Target (Project-Based Activities) Amendment Regulations 2025 (Vic)
Victorian Energy Efficiency Target (Project-Based Activities) Amendment Regulations 2025
S.R. No. 82/2025
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Principal Regulations
4Objectives
5Definitions
6Regulation 5 substituted
7Scoping approval
8Project plan approval
9Regulation 7A revoked
10Scoping approval and project plan approval variations
11Cancel and relinquish
12New regulation 9A inserted
13Project impact report
14Information and documents required in an application for approval of a project impact report
15Regulation 16 amended
16Approved Measurement and Verification Professional
17Matters to be specified by the Secretary
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Endnotes
STATUTORY RULES 2025
S.R. No. 82/2025
Victorian Energy Efficiency Target Act 2007
Victorian Energy Efficiency Target (Project-Based Activities) Amendment Regulations 2025
The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:
Dated: 26 August 2025
Responsible Minister:
LILY D'AMBROSIO
Minister for Energy and Resources
ANGELA SMITH
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Victorian Energy Efficiency Target (Project‑Based Activities) Regulations 2017—
(a)to prescribe new activities to be undertaken which will result in a reduction in greenhouse gas emissions; and
(b)to prescribe new requirements relating to nominating a prescribed activity; and
(c)to allow a transfer of projects from one accredited provider to another; and
(d)to introduce new methods of calculating energy efficiency for the purposes of project‑based activities; and
(e)to make consequential and other amendments.
2Authorising provision
These Regulations are made under section 75 of the Victorian Energy Efficiency Target Act 2007.
3Principal Regulations
In these Regulations, the Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017[1] are called the Principal Regulations.
4Objectives
(1)In regulation 1(e) of the Principal Regulations, for "project plans" substitute "projects".
(2)After regulation 1(e) of the Principal Regulations insert—
"(ea)allow a transfer of projects from one accredited provider to another; and".
5Definitions
(1)In regulation 4 of the Principal Regulations insert the following definitions—
"advanced measurement and verification means a method of measurement and verification that is specified under regulation 18(1)(ba);
advanced MV project means an MV project involving the use of advanced measurement and verification;
incoming accredited person, in relation to a project, means a person that has been nominated as an incoming accredited person in an application made under regulation 9A(1);
SMM project means a project involving the use of a specified measurement method, being a project that is the subject of—
(a)an application for a scoping approval that nominates the use of a specified measurement method under regulation 6(3A); or
(b)a scoping approval granted on an application referred to in paragraph (a);
specified measurement method means a method specified by the Secretary under regulation 18(1)(da);
the Act means the Victorian Energy Efficiency Target Act 2007.".
(2)In regulation 4 of the Principal Regulations—
(a)in the definition of BR project, in paragraph (a), for "regulation 6(2A)" substitute "regulation 6(3A)";
(b)in the definition of MV project, in paragraph (a), for "regulation 6(2A)" substitute "regulation 6(3A)";
(c)in the definition of service, for "system." substitute "system;".
6Regulation 5 substituted
For regulation 5 of the Principal Regulations substitute—
5Prescribed activities"
For the purposes of section 15 of the Act, an activity is prescribed if—
(a)the activity that is undertaken will result in a reduction in greenhouse gas emissions that would not otherwise have occurred if the project was not undertaken; and
(b)either—
(i)for an MV project other than an advanced MV project, the activity has been undertaken as described in an approved application for a scoping approval in respect of an MV project or an approved application for a project plan in respect of an MV project; or
(ii)for an SMM project, the activity has been undertaken as described in an approved application for a scoping approval in respect of an SMM project; or
(iii)for a BR project, the activity has been undertaken as described in an approved application for a scoping approval in respect of a BR project; or
(iv)for an advanced MV project, the activity has been undertaken as described in an approved application for scoping approval in respect of an advanced MV project.".
7Scoping 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—
(i)specified by the ESC under regulation 15(1)(a); and
(ii)specified in subregulation (3); and
(iii)specified in subregulation (3A) for the prescribed activity nominated under paragraph (c); and
(c)nominate an activity prescribed by regulation 5; and
(d)be accompanied by any relevant fee fixed under section 73 of the Act.".
(2)Regulation 6(2A) of the Principal Regulations is revoked.
(3)In regulation 6(3) of the Principal Regulations—
(a)for "subregulation 2(c)" substitute "subregulation (2)(b)(ii)";
(b)in paragraph (c), for "date when the project will commence" substitute "timing of the project";
(c)paragraph (d)(vi) and (vii) are revoked;
(d)in paragraph (f), after "legislation" insert ", excluding requirements for disclosure of energy efficiency or greenhouse gas emissions performance".
(4)For regulation 6(3A) of the Principal Regulations substitute—
"(3A)The information and documents required to be included under subregulation (2)(b)(iii) are the following—
(a)for a BR project, a nomination of a benchmark administrator for the project;
(b)for an SMM project, a nomination of a specified measurement method to be used to calculate the reduction in greenhouse gases;
(c)for an advanced MV project, a document which describes the type of appliances, the end use services and the building type for the project;
(d)for all projects other than a BR project—
(i)if any lighting equipment is removed in carrying out the activity, an undertaking in the form specified by the ESC under regulation 15(1)(a)(i); and
(ii)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).".
(5)For regulation 6(4A) of the Principal Regulations substitute—
"(4A)The ESC must not grant a scoping approval unless—
(a)the application has nominated an activity prescribed by regulation 5; and
(b)for a BR project, the premises where the project will be undertaken are of the type for which the administrator is approved to administer a benchmarking process; and
(c)for an SMM project, the kinds of activities to be undertaken as part of the project are of a type which has a specified measurement method.".
(6)For regulation 6(5A)(a) and (b) of the Principal Regulations substitute—
"(a)the application for the scoping approval includes a nomination under subregulation (3A) and the work did not commence before the application was submitted; or
(b)an application has been made under regulation 9A(1) to transfer the project to an incoming accredited person.".
(7)In regulation 6(8)(a)(ii) of the Principal Regulations, for "Part A3" substitute "Part A6".
8Project plan approval
(1)Regulation 7(2)(c) of the Principal Regulations is revoked.
(2)In regulation 7(2)(d) of the Principal Regulations, for "MV project," substitute "MV project other than an advanced MV project,".
9Regulation 7A revoked
Regulation 7A of the Principal Regulations is revoked.
10Scoping approval and project plan approval variations
(1)For regulation 8(3)(b) of the Principal Regulations substitute—
"(b)if—
(i)the project is an MV project including, but not limited to, an advanced MV project; and
(ii)the scope of the service or services as described under regulation 6(3)(d)(iv) or scope of the energy sources as described under regulation 6(3)(d)(v) is being varied—
the work for the purposes of the project under the varied scope of the service or services or scope of the energy sources has not yet commenced;".
(2)Regulation 8(3)(c) and (d) of the Principal Regulations are revoked.
11Cancel and relinquish
In regulation 9(7) of the Principal Regulations, for "project plans" substitute "projects".
12New regulation 9A inserted
After regulation 9 of the Principal Regulations insert—
9ATransfer of project"
(1)A consumer of electricity or gas may apply to the ESC to transfer a project to a different accredited person.
(2)The application must—
(a)nominate an accredited person who is not listed in the scoping plan or project plan for the project and to whom the project will be transferred; and
(b)include the documents specified in subregulation (3).
(3)The following documents are specified—
(a)a written request to the ESC to transfer the project to an incoming accredited person;
(b)written consent by the incoming accredited person for the project to be transferred to that accredited person;
(c)evidence that the consumer of electricity or gas has provided the accredited person who is currently listed in the scoping plan or project plan for the project—
(i)notice that the consumer of electricity or gas intends to transfer the project to another accredited person; and
(ii)a period of 30 days to respond to the notice provided under subparagraph (i).
(4)The ESC may grant or refuse an application under subregulation (1).
(5)As soon as practicable after granting or refusing an application under subregulation (1), the ESC must, in writing, notify the consumer of gas or electricity of the ESC's decision.".
13Project impact report
(1)For regulation 11(1) of the Principal Regulations substitute—
"(1)An accredited person may apply to the ESC for approval of a project impact report if—
(a)for an MV project other than an advanced MV project, a project plan approval has been received for that project; or
(b)for an SMM project, a BR project or an advanced MV project, a scoping approval has been received for that project.".
(2)In regulation 11(2)(d) of the Principal Regulations, for "MV project," substitute "MV project or an SMM project,".
14Information and documents required in an application for approval of a project impact report
For regulation 11A(1)(b) and (c) of the Principal Regulations substitute—
"(b)if the application is in respect of an MV project or an SMM project—
(i)if any lighting equipment was removed in carrying out the project, evidence that that lighting equipment was decommissioned; and
(ii)if any lighting equipment was installed in carrying out the project, evidence that 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.".
15Regulation 16 amended
(1)In the heading to regulation 16 of the Principal Regulations, for "project plans" substitute "projects".
(2)In regulation 16(1) of the Principal Regulations, for "project plans" substitute "projects".
(3)In regulation 16(2) of the Principal Regulations—
(a)for "project plans" substitute "projects";
(b)for paragraph (a) substitute—
"(a)the name of each project that has—
(i)received project plan approval; or
(ii)if the project does not require a project plan approval, received project impact report approval;".
(4)For regulation 16(3) of the Principal Regulations substitute—
"(3)The ESC may vary details in the register—
(a)to reflect any variation approved under regulation 8(3); or
(b)to update the register in accordance with regulation 9(7) that a project plan approval has been cancelled or relinquished.".
16Approved Measurement and Verification Professional
In regulation 17(3)(a) and (5)(a) of the Principal Regulations, after "Certified Measurement and Verification Professional" insert "or by the Energy Efficiency Council as a Performance Measurement and Verification Analyst".
17Matters to be specified by the Secretary
After regulation 18(1)(b) of the Principal Regulations insert—
"(ba)a definition of advanced measurement and verification;".
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ENDNOTES
[1] Reg. 3: S.R. No. 46/2017 as amended by S.R. Nos 145/2018 and 175/2018.
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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 2024.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 7(7) which amends regulation 6(8)(a)(ii) of the Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017 | Building Code of Australia comprising Volume One of the National Construction Code 2022 published by the Australian Building Codes Board on 1 May 2023 | Part A6—Building Classification |
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