Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017 (Vic)
Version No. 004
Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017
S.R. No. 46/2017
Version incorporating amendments as at
26 August 2025
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Definitions
Part 2—Project-Based Activities
5Prescribed activities
6Scoping approval
7Project plan approval
8Scoping approval and project plan approval variations
9Cancel and relinquish
9ATransfer of project
Part 3—Methods and variables
10Method and variables
11Project impact report
11AInformation and documents required in an application for approval of a project impact report
12When a certificate may not be created
13Time at which prescribed activity is undertaken and reduction in greenhouse gas emissions occurs
14Conditions and circumstances under which a certificate cannot be created
Part 4—ESC functions
15Matters to be specified by the ESC
16Public register of approved projects
17Approved Measurement and Verification Professional
17ABenchmark administrator
Part 5—Secretary's functions
18Matters to be specified by the Secretary
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 004
Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017
S.R. No. 46/2017
Version incorporating amendments as at
26 August 2025
PART 1—PRELIMINARY
1Objectives
The objectives of these Regulations are to—
(a)prescribe activities that are undertaken as part of a project that will reduce greenhouse gas emissions; and
(b)prescribe the requirements by which a proponent of a project may obtain scoping and project plan approval for a project; and
(c)entitle a project that has a scoping and project plan approval to create certificates following approval, by the ESC, of a project impact report; and
(d)make provision in relation to the approval of Measurement and Verification Professionals;
(e)provide for the register of approved projects and approved Measurement and Verification Professionals; and
(ea)allow a transfer of projects from one accredited provider to another; and
(f)make consequential and related amendments to the Victorian Energy Efficiency Target Regulations 2008; and
(g)prescribe other matters for the purposes of the Victorian Energy Efficiency Target Act 2007.
2Authorising provision
These Regulations are made under section 75 of the Victorian Energy Efficiency Target Act 2007.
3Commencement
These Regulations come into operation on
19 June 2017.
4Definitions
In these Regulations—
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;
approved Measurement and Verification Professional means a person approved under regulation 17 that is on the register maintained by the ESC;
Association of Energy Engineers, is a non-profit professional society located in Atlanta, Georgia of the United States of America with a Taxpayer Identification Number of 58‑1306354 issued by the Internal Revenue Service of the United States of America;
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(3A); or
(b)a scoping approval granted on an application referred to in paragraph (a);
Building Code means the Building Code of Australia within the meaning of section 3(1) of the Building Act 1993;
Department means the Department of Environment, Land, Water and Planning;
energy consuming product means a product that consumes electricity, gas or renewable energy;
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;
implementation start time, in relation to a project, means the date, and optionally the time, normal operations are capable of commencing after all changes to be implemented by the project, including any testing and commissioning, are completed;
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);
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(3A); or
(b)a scoping approval granted on an application referred to in paragraph (a);
native forest has the same meaning as in the Code of Practice for Timber Production 2014 published by the Department of Environment and Primary Industries under Part 5 of the Conservation, Forests and Lands Act 1987;
renewable energy means an energy source that is—
(a)hydro;
(b)wave;
(c)tide;
(d)ocean;
(e)wind;
(f)solar;
(g)geothermal-aquifer;
(h)hot dry rock;
(i)energy crops;
(j)wood waste unless it is from a native forest;
(k)wood waste from a native forest provided it is a waste product from the construction of buildings or furniture, including timber off-cuts and timber from demolished buildings;
(l)agricultural waste;
(m)waste from processing of agricultural products;
(n)food waste;
(o)food processing waste;
(p)bagasse;
(q)black liquor;
(r)biomass-based components of municipal solid waste;
(s)landfill gas;
(t)sewage gas and biomass-based components of sewage—
but does not include an energy source that is—
(a)fossil fuels; or
(b)materials or waste products derived from fossil fuels;
Secretary means Secretary to the Department;
service means an output or amenity, such as heating, cooling, steam, transportation, compressed air, water pumping and lighting, that is produced by an energy-consuming system;
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.
PART 2—PROJECT-BASED ACTIVITIES
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.
6Scoping approval
(1)An accredited person may apply to the ESC for a scoping approval in respect of a project.
(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.
* * * * *
(3)The information and documents required to be included under subregulation (2)(b)(ii) are the following—
(a)the name and address of the accredited person;
(b)the address of the premises where the project will be undertaken;
(c)the indicative timing of the project;
(d)a description of the kinds of activities to be undertaken as part of the project, including the following—
* * * * *
(iv)the service or services affected;
(v)energy sources affected, such as electricity, natural gas, LPG or renewable;
* * * * *
* * * * *
(e)a nominated project name;
(f)an undertaking in the form specified by the ESC under regulation 15(1)(a)(iii) that the project is not undertaken to comply with energy efficiency or greenhouse gas emissions requirements in any minimum standard or mandatory requirement under any legislation, excluding requirements for disclosure of energy efficiency or greenhouse gas emissions performance.
(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).
(4)The ESC may grant or refuse a scoping approval.
(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.
(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.
(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 (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.
(6)For the purposes of determining whether work for the purposes of the project has commenced, the ESC may disregard the following activities that have been, or are being, undertaken in relation to the project—
(a)conducting a feasibility study for the project;
(b)planning or designing the project;
(c)obtaining regulatory approvals for the project;
(d)obtaining consents relating to the project;
(e)obtaining advice relating to the project;
(f)conducting negotiations relating to the project;
(g)measurement or analysis to establish a baseline energy model as defined by the Secretary under regulation 18(1)(a) for the project, including the installation or modification of metering equipment;
(h)an activity required to support the application for scoping approval;
(i)an activity that is ancillary or incidental to any of the above activities;
(j)calculating the benchmark rating for the baseline period, as defined by the Secretary under regulation 18(1)(i), using a benchmark process.
(7)For the purposes of subregulation (5), the following activities are examples of when work has commenced—
(a)installing or modifying an asset, other than for the purposes of metering, that is for use wholly or mainly for the purposes of the project;
(b)commencing construction work for the purposes of the project.
(8)The ESC may grant a scoping approval if it is satisfied that—
(a)the project will be undertaken at—
(i)a business premises or a non-residential premises; or
(ii)a building classified under Part A6 of the Building Code as Class 2 or Class 3 if the project does not relate to services supplied exclusively to a sole-occupancy; and
(b)the project described in the application, if undertaken, will reduce greenhouse gas emissions; and
(c)the project does not propose to reduce greenhouse gas emissions by reducing production capacity or by reducing service levels, except if service levels are being reduced to correct over-servicing.
(9)The ESC may require that an applicant for a scoping approval—
(a)provide further information in relation to the application; or
(b)facilitate an inspection, by a staff member of the ESC or a representative of the ESC nominated by the ESC, of the premises where the project will be undertaken.
(10)The ESC must determine an application for a scoping approval—
(a)within the period of 60 days after the day the ESC receives the application; or
(b)if, before the end of that period, the ESC requires the applicant to give further information in relation to the application, within the period of 60 days after the applicant gave the ESC the information.
(11)As soon as practicable after granting or refusing the application, the ESC must notify the applicant in writing of the ESC's decision.
7Project plan approval
(1)An accredited person may apply to the ESC for a project plan approval in respect of a project that is—
(a)the subject of a current scoping approval; or
(b)the subject of an application for a scoping approval.
Note
Applications for scoping and project plan approval may be made at the same time.
(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
* * * * *
(d)if the application is in respect of an MV project other than an advanced 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.
* * * * *
(4)The ESC must determine an application for a project plan approval—
(a)within the period of 180 days after the day the ESC receives the application; or
(b)if, before the end of that period, the ESC requires the applicant to give further information in relation to the application, within the period of 180 days after the applicant gave the ESC the information.
(5)The ESC may grant or refuse a project plan approval.
(6)The ESC must not grant a project plan approval—
(a)in respect of a project unless there is also a scoping approval for that project; or
(b)in respect of a project where the application for project plan approval was received after the implementation start time of the project.
(7)The ESC may grant a project plan approval if it is satisfied that the application has demonstrated that the applicant holds or can access the knowledge, skills or capacity to deliver the project described in the application.
(8)As soon as practicable after granting or refusing the application, the ESC must notify the applicant in writing of the ESC's decision.
* * * * *
8Scoping approval and project plan approval variations
(1)An accredited person may apply to vary—
(a)a scoping approval; or
(b)a project plan approval; or
(c)both the scoping approval and the project plan approval.
(2)The application must be—
(a)in the manner and form and contain information and documents specified by the ESC under regulation 15(1)(c); and
(b)accompanied by any relevant fee fixed under section 73 of the Act.
(3)The ESC may approve an application under subregulation (1) if it is satisfied as to the following—
(a)the address of the premises where the project will be undertaken has not changed;
(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;
* * * * *
(e)the application has demonstrated that the applicant holds or can access the knowledge, skills or capacity to deliver the project described in the application.
(4)As soon as practicable after granting or refusing the application, the ESC must notify the applicant in writing of the ESC's decision.
9Cancel and relinquish
(1)The ESC may cancel a project plan approval, by instrument in writing, following 28 days' written notice of the ESC's intention to cancel the approval.
(2)The notice must request reasons why the approval should not be cancelled.
(3)The ESC may cancel the approval at the end of the 28 days if the ESC is satisfied that there has been an unreasonable delay in the work commencing to undertake the activities specified in the application for project plan approval.
(4)An accredited person may apply in writing to relinquish a project plan approval.
(5)As soon as practicable after granting or refusing the application, the ESC must notify the applicant in writing of the ESC's decision.
(6)A project plan that has been cancelled or relinquished cannot be varied.
(7)The ESC must update the register of approved projects if the project plan approval has been cancelled or relinquished.
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.
PART 3—METHODS AND VARIABLES
10Method 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)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)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 or an SMM 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.
* * * * *
(4)The ESC may require the accredited person to provide further information in relation to the application or to facilitate an inspection of the premises where the project is undertaken.
(5)The ESC must determine an application for approval of a project impact report—
(a)within the period of 120 days after the day the ESC receives the application; or
(b)if, before the end of that period, the ESC requires the applicant to give further information in relation to the application, within the period of 120 days after the day the applicant gave the ESC the information.
(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.
(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.
(7)If the ESC believes on reasonable grounds that the accredited person has breached an undertaking made under regulation 6(3)(d)(vi), (vii) or (3)(f), the ESC must issue the accredited person with a notice.
(8)Despite subregulation (6), the ESC may not approve a project impact report if it has issued a notice under subregulation (7).
11AInformation 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 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[1].
* * * * *
(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.
12When a certificate may not be created
For the purposes of section 17(3)(d) of the Act, an accredited person cannot create a certificate with respect to a prescribed activity if the ESC has issued a notice under regulation 11(7) that an undertaking was breached.
13Time at which prescribed activity is undertaken and reduction in greenhouse gas emissions occurs
(1)For the purposes of section 17(1) of the Act, a prescribed activity is to be taken to have been undertaken at the time specified by the Secretary under regulation 18.
(2)For the purposes of section 17(2) of the Act, the reduction in greenhouse gas emissions is to be taken to have occurred at the time specified by the Secretary under regulation 18.
14Conditions and circumstances under which a certificate cannot be created
For the purposes of section 17(3)(d) of the Act—
(a)the Secretary may specify, under regulation 18, the conditions and circumstances under which a certificate cannot be created; and
(b)despite paragraph (a), a certificate cannot be created in respect of a reduction in greenhouse gas emissions if a valid certificate has previously been created in respect of that reduction.
PART 4—ESC FUNCTIONS
15Matters to be specified by the ESC
(1)The ESC may specify the following—
(a)the manner and form and information and documents to be included in an application for a scoping approval, including the form of an undertaking regarding the following—
(i)lighting equipment to be removed and decommissioned;
(ii)lighting equipment to be installed that is listed on the register kept by the ESC in accordance with regulation 29 of the Victorian Energy Efficiency Target Regulations 2018;
(iii)that the project is not undertaken to comply with energy efficiency or greenhouse gas emissions requirements in any minimum standard or mandatory requirement under any legislation;
(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;
(b)the manner and form and information and documents to be included in an application for a project plan approval, including the manner and form of a measurement and verification plan;
(c)the manner and form and information and documents to be included in an application for a variation to a scoping approval or a project plan approval or both a scoping approval and a project plan approval;
(d)the requirements regarding competence and experience that must be met before a person may be registered as an approved Measurement and Verification Professional;
(e)the manner and form and information and documents to be included in an application to be registered as an approved Measurement and Verification Professional;
(f)the manner and form and information and documents to be included in an application for approval of a project impact report;
(g)the form of undertaking by an applicant for an approved Measurement and Verification Professional to avoid conflicts;
(h)the declaration requirements regarding independence that must be met by an approved Measurement and Verification Professional providing an assessment of a project impact report for a specific project.
(2)The ESC must take reasonable steps to ensure that the information referred to in subregulation (3) is published on the ESC's Internet site.
(3)For the purposes of subregulation (2), the information the ESC must publish is the following—
(a)the manner and form and information and documents specified by the ESC under subregulation (1)(a), of an application for a scoping approval;
(b)the manner and form and information and documents specified under subregulation (1)(b), of an application for a project plan approval including a measurement and verification plan;
(c)the manner and form and information and documents specified under subregulation (1)(c), of an application for a variation to a scoping approval or a project plan approval or both a scoping approval and a project plan approval;
(d)the manner and form and information and documents specified under subregulation (1)(d) and (e), of an application for registration as an approved Measurement and Verification Professional;
(e)the manner and form and information and documents specified under subregulation (1)(f), of an application for a project impact report;
(f)the form of undertaking specified under subregulation (1)(g) by an applicant for an approved Measurement and Verification Professional;
(g)the declaration requirements specified under subregulation (1)(h), of an approved Measurement and Verification Professional providing an assessment of a project impact report.
Note
The relevant fees must be published in the Government Gazette and on the Internet site of the ESC in accordance with section 73 of the Act.
16Public register of approved projects
(1)The ESC must maintain a register of approved projects.
(2)The register of approved projects must contain the following—
(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;
(b)the name of each accredited person for each project;
(c)the location of each project;
(d)the method or methods intended to be used to calculate the reduction in greenhouse gases;
(e)any other information that the ESC considers appropriate.
(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.
17Approved Measurement and Verification Professional
(1)A person may apply to the ESC to be registered as an approved Measurement and Verification Professional.
(2)The application must be—
(a)in the manner and form and contain information and documents specified under regulation 15(1)(e); and
(b)accompanied by any relevant fee fixed under section 73 of the Act; and
(c)accompanied by an undertaking, specified under regulation 15(1)(g), to avoid conflicts.
(3)The ESC may approve a person under this regulation to be registered as an approved Measurement and Verification Professional if the ESC is satisfied that the person—
(a)is currently certified by the Association of Energy Engineers as a Certified Measurement and Verification Professional or by the Energy Efficiency Council as a Performance Measurement and Verification Analyst; and
(b)meets the requirements relating to competence and experience in measurement and verification set by the ESC under regulation 15(1)(d).
(4)The ESC must publish a register of persons approved under subregulation (3).
(5)The ESC may remove a person from the register under the following circumstances—
(a)the person's certification by the Association of Energy Engineers as a Certified Measurement and Verification Professional or by the Energy Efficiency Council as a Performance Measurement and Verification Analyst is suspended or has expired;
(b)the person no longer meets the requirements relating to competence and experience in measurement and verification specified by the ESC under regulation 15(1)(d);
(c)the person has breached any undertaking provided to the ESC under regulation 15(1)(g).
(6)The ESC must give 28 days' written notice of the ESC's intention to remove a person from the register.
(7)The notice must request reasons why the ESC should not remove the person from the register.
(8)A person removed from the register under this regulation is no longer an approved Measurement and Verification Professional.
17ABenchmark 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.
PART 5—SECRETARY'S FUNCTIONS
18Matters to be specified by the Secretary
(1)The Secretary may specify the following—
(a)for the purposes of regulation 6(6)(g), a definition of a baseline energy model;
(b)for the purposes of regulation 7A(2)(b), the description to be included in the application for project plan approval of the methods intended to be used to calculate the reduction in greenhouse gases as one of—
(i)a forward projection of savings using a baseline energy model and operating energy model; or
(ii)annual reporting of savings using a baseline energy model and measured energy consumption; or
(iii)a combination of the methods described in subparagraphs (i) and (ii), comprising a forward projection followed by annual reporting of savings;
(ba)a definition of advanced measurement and verification;
(c)for the purposes of regulation 7A(2)(d)(i), a definition of a baseline period start and end date;
(d)for the purposes of regulation 7A(2)(d)(ii) and (iii), a definition of an operating period start and end date;
(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;
(e)for the purposes of regulation 11A(1)(a)(ii), the matters to be included in a project impact report;
* * * * *
(g)the time at which the prescribed activity is undertaken and reduction in greenhouse gas emissions occurs for the purposes of regulation 13 and section 17(1) and (2) of the Act;
(h)the conditions and circumstances under which a certificate cannot be created for the purposes of regulation 14 and section 17(3)(d) of the Act;
(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.
(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.
(2)The specifications referred to in subregulation (1)—
* * * * *
(c)may apply, adopt or incorporate, with or without modification, the provisions of any Act or of any regulations made under any Act as in force at a particular time specified by the Secretary; and
(d)may apply, adopt or incorporate, with or without modification, any matter specified by the Secretary contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—
(i)as formulated, issued, prescribed or published at the time when the Secretary specifies the matter; or
(ii)as formulated, issued, prescribed or published from time to time.
(3)The Secretary must take reasonable steps to ensure that the matters referred to in subregulation (1) are published in the Government Gazette and on the Department's Internet site.
* * * * *
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017, S.R. No. 46/2017 were made on 14 June 2017 by the Governor in Council under section 75 of the Victorian Energy Efficiency Target Act 2007, No. 70/2007 and came into operation on 19 June 2017: regulation 3.
The Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017 will sunset 10 years after the day of making on 14 June 2027 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Victorian Energy Efficiency Target Regulations 2018, S.R. No. 145/2018
Date of Making: 2.10.18 Date of Commencement: Reg. 49 on 10.12.18: reg. 3(1)
Victorian Energy Efficiency Target (Project-Based Activities) Amendment Regulations 2018, S.R. No. 175/2018
Date of Making: 23.10.18 Date of Commencement: 11.12.18: reg. 3
Victorian Energy Efficiency Target (Project-Based Activities) Amendment Regulations 2025, S.R. No. 82/2025
Date of Making: 26.8.25 Date of Commencement: 26.8.25
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] Reg. 11A: 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 was included in S.R. No. 46/2017 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 4 | Code of Practice for Timber Production 2014 published by the Department of Environment and Primary Industries under Part 5 of the Conservation, Forests and Lands Act 1987 | Definition of native forest |
| Regulations 4 and 6(8) | Building Code | Clause A3.2—Classifications |
| Regulation 7(3) | EVO 10000—1:2014 International Performance Measurement and Verification Protocol (IPMVP) Core Concepts published by the Efficiency Valuation Organisation in June 2014 | Principles in Chapter 4 |
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 175/2018 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 |
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 82/2025 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 |
0
0
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