Government Gazette of the State of New South Wales Number 42 Friday, 31 March 2017 The New South Wales Government Gazette is the permanent public record of official notices issued by the New South Wales Government. It also contains local council and other notices and private advertisements. The Gazette is compiled by the Parliamentary Counsel’s Office and published on the NSW legislation website (www.legislation.nsw.gov.au) under the authority of the NSW Government. The website contains a permanent archive of past Gazettes. To submit a notice for gazettal – see Gazette Information. 830 NSW Government Gazette No 42 of 31 March 2017 Government Notices GOVERNMENT NOTICES Miscellaneous Instruments NOTICE OF APPROVAL OF ENERGY SAVINGS SCHEME (AMENDMENT NO. 1) RULE 2017 under the ELECTRICITY SUPPLY ACT 1995 I, Don Harwin MLC, Minister for Energy and Utilities, pursuant to section 167 (4) of the Electricity Supply Act 1995, hereby approve the Energy Savings Scheme (Amendment No. 1) Rule 2017 (Amending Rule) attached to this notice. The Amending Rule commences on 28 April 2017 and amends the Energy Savings Scheme Rule of 2009. This notice of approval of the Amending Rule is provided pursuant to section 167 (5) of the Electricity Supply Act 1995. A copy of the amended Energy Savings Scheme Rule of 2009 may also be obtained through the NSW Resources and Energy Division website at http://www.resourcesandenergy.nsw.gov.au/energy-consumers/sustainable- energy/efficiency/scheme. Dated this 27th day of March 2017. The Hon DON HARWIN MLC Minister for Energy and Utilities 831 NSW Government Gazette No 42 of 31 March 2017 Government Notices ENERGY SAVINGS SCHEME (AMENDMENT NO. 1) RULE 2017 under the ELECTRICITY SUPPLY ACT 1995 1. Name of Rule This Rule is the Energy Savings Scheme (Amendment No.1) Rule 2017. 2. Operation of Rule This Rule amends the Energy Savings Scheme Rule 2009. The amended Energy Savings Scheme Rule 2009 is set out in Schedule 1 of this Rule. 3. Commencement This Rule commences on 28 April 2017. 832 NSW Government Gazette No 42 of 31 March 2017 Government Notices Energy Savings Scheme Rule of 2009 Effective from 28 April 2017 SCHEDULE 1 Energy Savings Scheme Rule of 2009 The Hon Don Harwin, MLC Minister for Energy and Utilities Simplified outline The following is a simplified outline of this Rule: clauses 1-4 set out the commencement of the Rule, the objects of the Rule, the application of the Rule, and status and operation of the Rule. clause 5 sets out the definitions of Energy Saver and Recognised Energy Saving Activity, and eligibility for accreditation as an Accredited Certificate Provider. clause 6 sets out the conditions on the creation of Energy Savings Certificates under the Rule. clause 7 sets out the calculation method for determining Energy Savings under the Project Impact Assessment Method. clause 7A sets out the calculation method for determining Energy Savings under the Project Impact Assessment with Measurement and Verification Method. clause 8 sets out the calculation method for determining Energy Savings under the Metered Baseline Method using one of the following sub-methods: Baseline per unit of output (clause 8.5) Baseline unaffected by output (clause 8.6) Normalised baseline (clause 8.7) NABERS baseline (clause 8.8) Aggregated Metered Baseline(clause 8.9) clause 9 sets out the calculation method for determining Energy Savings under the Deemed Energy Savings Method using one of the following sub-methods: Sale of New Appliances (clause 9.3) Commercial Lighting Energy Savings Formula (clause 9.4) Public Lighting Energy Savings Formula (clause 9.4A) High Efficiency Motor Energy Savings Formula (clause 9.5) Power Factor Correction Energy Savings Formula (clause 9.6) Removal of Old Appliances (clause 9.7) Home Energy Efficiency Retrofits (clause 9.8) Page 1 833 NSW Government Gazette No 42 of 31 March 2017 Government Notices Energy Savings Scheme Rule of 2009 Effective from 28 April 2017 Installation of High Efficiency Appliances for Businesses (clause 9.9) clause 10 sets out the definitions and interpretation provisions. clause 11 sets out savings and transitional arrangements relating to the amendment of this Rule. Schedule A sets out Default Factors and Classifications. Schedule B sets out Activity Definitions for the Sale of New Appliances (clause 9.3) Schedule C sets out Activity Definitions for the Removal of Old Appliances (clause 9.7) Schedule D sets out Activity Definitions for General Activities for Home Energy Efficiency Retrofits (clause 9.8) Schedule E sets out Activity Definitions for Low Cost Activities for Home Energy Efficiency Retrofits (clause 9.8) Schedule F sets out Activity Definitions for the Installation of High Efficiency Appliances for Businesses (clause 9.9) Page 2 834 NSW Government Gazette No 42 of 31 March 2017 Government Notices Energy Savings Scheme Rule of 2009 Effective from 28 April 2017 1 Name and commencement 1.1 This Rule is the Energy Savings Scheme Rule of 2009 and commences on 28 April 2017, with the following exceptions: (a) Activities D6, D7, D8 and D9 (Insulation) of Schedule D commence on a date notified by the Minister responsible for the Act by notice published in the NSW Government Gazette; (b) Clauses 5.4(k), 5.4(l) and 5.9 commence on a date notified by the Minister responsible for the Act by notice published in the NSW Government Gazette. Note: The provisions referred to in clause 1.1(b) may commence on or after an Approved Corresponding Scheme is in operation in the Australian Capital Territory. 2 Objects of the Rule 2.1 The object of this Rule is to provide specific arrangements for the creation and calculation of Energy Savings Certificates where energy is saved, with no negative effect on production or service levels, through increased efficiency of electricity consumption or Gas consumption or both, or reduction in electricity consumption or Gas consumption or both. The Rule aims to save energy through measures that improve electricity end-use efficiency or Gas end-use efficiency or both. 3 Application of the Rule 3.1 This Rule applies to Accredited Certificate Providers accredited to create Energy Savings Certificates in respect of Recognised Energy Saving Activities in accordance with Part 9 Division 8 of the Act, the Regulations and this Rule. 3.2 For the avoidance of doubt, unless expressly provided otherwise, this Rule applies to the calculation of Energy Savings used to create Energy Savings Certificates for which an application for registration is made on or after 28 April 2017. 4 Status and Operation of the Rule 4.1 This Rule is an Energy Savings Scheme Rule made under Part 9 Division 13 of the Act. 5 Definitions of Energy Saver and Recognised Energy Saving Activity, and eligibility for accreditation Note: Other definitions of terms used in this document are set out at clause 10. 5.1 (deleted) Energy Saver 5.2 The Energy Saver with respect to Energy Savings arising from a Recognised Energy Saving Activity, as calculated according to a calculation method in this Rule, is either: (a) the person defined as the Energy Saver in the relevant calculation method, provided that, as at the relevant Implementation Date, that person has not nominated another person to be the Energy Saver for those Energy Savings in accordance with clause 5.2 (b); or Page 3 835 NSW Government Gazette No 42 of 31 March 2017 Government Notices Energy Savings Scheme Rule of 2009 Effective from 28 April 2017 (b) the person nominated to be the Energy Saver by the person in clause 5.2 (a), provided that: (i) the nomination has been made in a form and manner approved by the Scheme Administrator; and (ii) as at the relevant Implementation Date, another person has not been nominated as the Energy Saver with respect to the same Energy Savings. Recognised Energy Saving Activity 5.3 A Recognised Energy Saving Activity is any activity that meets all of the following criteria: (a) it increases the efficiency of energy consumption, by: (i) modifying End-User Equipment or the usage of End-User Equipment (including by installing additional components) with the result that there is a reduction in the consumption of energy compared to what would have otherwise been consumed; (ii) replacing End-User Equipment with other End-User Equipment that consumes less energy, subject to clause 5.3A; (iii) installing New End-User Equipment that consumes less energy than other comparable End-User Equipment of the same type, function, output or service, subject to clause 5.3B;or (iv) removing End-User Equipment with the result that there is a reduction in the consumption of energy compared to what would have otherwise been consumed, subject to clause 5.3A; and (b) it does not result in a reduction in energy consumption by reducing production or service levels (including safety levels); and (c) it is implemented at a Site or Sites in an ESS Jurisdiction; and (d) it is not unlawful to carry out the activity in that ESS Jurisdiction as at the Implementation Date; and (e) it increases the efficiency of the energy consumption by: (i) increasing the efficiency of electricity consumption; (ii) increasing the efficiency of consumption of a Gas, where the Gas is combusted for stationary energy; (iii) fuel switching from electricity to Gas, or Gas to electricity; or (iv) generating electricity where the electricity is used to provide equivalent goods or services, with the result that there is an overall reduction in the consumption of energy compared to what would have otherwise been