Energy Savings Scheme Rule of 2009 effective 22 December 2011

The NSW Government has amended the Energy Savings Scheme Rule of 2009 (ESS Rule). The amended Rule was published in the NSW Gazette on 22 December 2011 (PDF 160 KB).

A consultation period was held on the proposed changes to the ESS Rule and notice was given that showerhead activities would be removed from the Scheme.

The key changes to the ESS Rule as were consulted on are:

• Simplify when NABERS ratings periods are determined to be completed.
• Include hotels and motels in the definition of ‘commercial/industrial premises’ under the Commercial Lighting Energy Savings Formula.
• Include the requirement that lighting upgrades in commercial buildings are ‘fit for purpose’.
• Improve consistency by treating the use of T5 adaptors in the same way as ‘lamp only’ replacements (including limiting the allowable Nominal Lamp Lifetimes to 30,000 hours).
• Remove tungsten incandescent lamps from the Commercial Lighting Energy Savings Formula.
• Expand the definition of ‘Site’ to allow energy savings activities at locations where the energy use is not measured by a single National Meter Identifier, such as street lighting networks, traffic signal networks and electricity distribution networks.
• Expand the definition of ‘Energy Saver’ to clearly allow network loss reduction activities.
• Remove sales as an eligible halogen lighting replacement activity where installation of the End-User Equipment requires re-wiring by an electrician.

Following the consultation, several further amendments have been made to the ESS Rule in addition to those which were consulted on, based on the quality and weight of the submissions received.

• A number of submissions supported the proposed expansion of the allowed Building Code of Australia building classes for Commercial Lighting to include Class 3b: a residential part of a hotel or motel.  

In addition, many submissions requested further expansion of the allowed building classes, on the basis that:

• those building types have similar lighting requirements and equipment to other commercial buildings, which can be measured against AS/NZS 1680, and
• decisions to implement projects are made on a commercial basis by the owners of those buildings.  

In response to the evidence provided by stakeholders, the allowed building classes have been expanded to include:

All of Class 3: All large commercially-managed residential buildings.

Class 9c: Aged care buildings.

Common Areas of Class 2: Multi-unit residential buildings.

In support of these changes, a definition for ‘Common Areas’ has been added to the ESS Rule which refers to the relevant legislation to clarify for the purposes of including the common areas of class 2 buildings under the BCA.

Class 10(a) has been removed as it refers to non-habitable buildings.

• The definition of “Lighting Upgrade” has been modified to expressly allow for the modification of existing lighting End-User Equipment, which includes de-lamping activities.

The amended Rule has also been updated for name changes, clarity and consistency, and to make minor typographical corrections.

Public submissions received

• City of Sydney (PDF 84 KB)
• Demand Manager Pty Ltd (PDF 59 KB)
• Ecovantage (PDF 59 KB)
• enLighten Australia Pty Ltd (PDF 49 KB)
• Essential Energy (PDF 62 KB)
• Green Strata Incorporated (PDF 115 KB)
• Ilum-a-Lite (PDF 105 KB)
• Lighting Council of Australia (PDF 249 KB)
• Low Energy Supplies & Services Submission (PDF 108 KB)
• Next Energy Pty Ltd (PDF 231 KB)
• Origin Energy (PDF 52 KB)
• Perfectflow Technology Pty Ltd (PDF 122 KB)
• Property Council of Australia (PDF 61 KB)