Victorian Energy Efficiency Target Amendment
(Prescribed Activities) Regulations 2011
S.R. No. 146/2011
TABLE OF PROVISIONS
Regulation
Page
PART 1—PRELIMINARY
1
2
3
4
5
6
1
Objectives
Authorising provision
Commencement
Principal Regulations
Objectives
Definitions
1
2
2
2
2
2
PART 2—PRESCRIBED ACTIVITIES
7
8
9
10
11
12
13
Prescribed activities for which certificates may be created
New regulation 6AA inserted
6AA Prescribed activities undertaken in business and
non-residential premises for which certificates may
be created
Time at which prescribed activity is undertaken
Certificate not to be created more than once for same product
or activity in residential premises
New regulation 8A inserted
8A
Certificate not to be created more than once for
same product installed in business or non-residential
premises
Register to be kept by the ESC
Conditions and circumstances under which a certificate cannot
be created
PART 3—SCHEDULES
14
15
16
17
18
19
4
4
4
4
6
6
6
6
7
7
8
Schedule 1 amended
Schedule 2 amended
Schedule 3 amended
Schedule 4 amended
Schedule 5 amended
Schedule 10 amended
8
8
8
8
9
9
i
Regulation
Page
20
21
22
23
24
25
Schedule 17 amended
Schedule 19 amended
Schedule 21 amended
Schedule 22 amended
Schedule 24 amended
Schedule 29 amended
═══════════════
ENDNOTES
ii
9
10
10
16
16
17
19
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 Resources
MATTHEW McBEATH
Clerk of the Executive Council
PART 1—PRELIMINARY
1 Objectives
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;
1
Victorian Energy Efficiency Target Amendment (Prescribed Activities)
Regulations 2011
S.R. No. 146/2011
Part 1—Preliminary
r. 2
(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.
2 Authorising provision
These Regulations are made under section 75 of
the Victorian Energy Efficiency Target Act
2007.
3 Commencement
(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.
4 Principal Regulations
In these Regulations, the Victorian Energy
Efficiency Target Regulations 20081 are called the
Principal Regulations.
5 Objectives
In regulation 1(a) of the Principal Regulations
omit "carried out in residential premises".
6 Definitions
(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
Victorian Energy Efficiency Target Amendment (Prescribed Activities)
Regulations 2011
S.R. No. 146/2011
Part 1—Preliminary
(2) In regulation 4 of the Principal Regulations, the
definition of residential customer is revoked.
__________________
3
r. 6
Victorian Energy Efficiency Target Amendment (Prescribed Activities)
Regulations 2011
S.R. No. 146/2011
r. 7
Part 2—Prescribed Activities
PART 2—PRESCRIBED ACTIVITIES
7 Prescribed 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".
8 New 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;
4
Victorian Energy Efficiency Target Amendment (Prescribed Activities)
Regulations 2011
S.R. No. 146/2011
Part 2—Prescribed Activities
(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 noncomplying lamps;
5
r. 8
Victorian Energy Efficiency Target Amendment (Prescribed Activities)
Regulations 2011
S.R. No. 146/2011
r. 9
Part 2—Prescribed Activities
(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.".
9 Time at which prescribed activity is undertaken
In regulation 7 of the Principal Regulations, after
"regulation 6" insert "or 6AA".
10 Certificate 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".
11 New 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 nonresidential premises, a certificate must not be
created in respect of any other prescribed
activity involving that product.".
6
Victorian Energy Efficiency Target Amendment (Prescribed Activities)
Regulations 2011
S.R. No. 146/2011
Part 2—Prescribed Activities
12 Register to be kept by the ESC
In regulation 9(1) of the Principal Regulations
omit "in residential premises".
13 Conditions 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
http://www.epa.vic.gov.au.".
__________________
7
r. 12
Victorian Energy Efficiency Target Amendment (Prescribed Activities)
Regulations 2011
S.R. No. 146/2011
r. 14
Part 3—Schedules
PART 3—SCHEDULES
14 Schedule 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)".
15 Schedule 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)".
16 Schedule 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)".
17 Schedule 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)";
8
Victorian Energy Efficiency Target Amendment (Prescribed Activities)
Regulations 2011
S.R. No. 146/2011
Part 3—Schedules
(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)".
18 Schedule 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".
19 Schedule 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".
20 Schedule 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)";
9
r. 18
Victorian Energy Efficiency Target Amendment (Prescribed Activities)
Regulations 2011
S.R. No. 146/2011
r. 21
Part 3—Schedules
(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:
substitute "(b) If the product is
installed in regional Victoria:
1·04"
1·40".
21 Schedule 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".
22 Schedule 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";
10
Victorian Energy Efficiency Target Amendment (Prescribed Activities)
Regulations 2011
S.R. No. 146/2011
Part 3—Schedules
r. 22
(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
Column 2
Column 3
Abatement
factor
Item
Hours
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.
11
Victorian Energy Efficiency Target Amendment (Prescribed Activities)
Regulations 2011
S.R. No. 146/2011
r. 22
Part 3—Schedules
Column 1
Column 2
Column 3
Abatement
factor
Item
Hours
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
Column 2
Item
Hours
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
12
Column 3
Abatement
factor
Victorian Energy Efficiency Target Amendment (Prescribed Activities)
Regulations 2011
S.R. No. 146/2011
Part 3—Schedules
r. 22
Column 1
Column 2
Column 3
Abatement
factor
Item
Hours
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
Column 2
Item
Hours
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
13
Column 3
Abatement
factor
".
Victorian Energy Efficiency Target Amendment (Prescribed Activities)
Regulations 2011
S.R. No. 146/2011
r. 22
Part 3—Schedules
(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
Column 2
Column 3
Abatement
factor
Item
Hours
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.
14
Victorian Energy Efficiency Target Amendment (Prescribed Activities)
Regulations 2011
S.R. No. 146/2011
Part 3—Schedules
r. 22
Column 1
Column 2
Column 3
Abatement
factor
Item
Hours
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
Column 2
Item
Hours
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
15
Column 3
Abatement
factor
Victorian Energy Efficiency Target Amendment (Prescribed Activities)
Regulations 2011
S.R. No. 146/2011
r. 23
Part 3—Schedules
Column 1
Column 2
Column 3
Abatement
factor
Item
Hours
4
15 000 or more
and less than
20 000
0·68
5
20 000 or more
0·90
23 Schedule 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)".
24 Schedule 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)".
16
".
Victorian Energy Efficiency Target Amendment (Prescribed Activities)
Regulations 2011
S.R. No. 146/2011
Part 3—Schedules
r. 25
25 Schedule 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
29A Abatement Factor:
(a) A product that satisfies the
minimum eligibility criteria
for an item in Part A:
(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
17
1·0;
Victorian Energy Efficiency Target Amendment (Prescribed Activities)
Regulations 2011
S.R. No. 146/2011
r. 25
Part 3—Schedules
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.
29B Abatement Factor:
(a) A product that satisfies the
minimum eligibility criteria for
item 29B in Part A:
(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:
1·0;
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.".
═══════════════
18
Victorian Energy Efficiency Target Amendment (Prescribed Activities)
Regulations 2011
S.R. No. 146/2011
Endnotes
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
The whole
Regulation 18 which
amends Schedule 5 of
the Principal
Regulations
Australian Standard 4556—
2011
Water efficient products Rating and labelling
Indirect gas-fired ducted air
heaters
19
The whole