1 Name of Determination
This Determination is the Building Energy Efficiency Disclosure Determination 2010.
2 Commencement
This Determination commences on the commencement of section 3 of the Building Energy Efficiency Disclosure Act 2010.
3 Definitions
In this Determination:
Act means the Building Energy Efficiency Disclosure Act 2010.
base building rating has the meaning given by the NABERS Energy rating rules.
GreenPower program means the program known as the National GreenPower Accreditation Program, which is a joint initiative of agencies of the governments of New South Wales, Victoria, Queensland, Western Australia, South Australia and the Australian Capital Territory.
NABERS Energy rating rules means the document Rules for collecting and using data: NABERS Energy and Water for offices, dated 1 July 2010 and published by the NSW Environment Department, as in force from time to time.
Note The document Rules for collecting and using data: NABERS Energy and Water for offices is available from the NSW Environment Department’s website at http://www.nabers.com.au.
NSW Environment Department means the Department of State of New South Wales that administers the Protection of the Environment Administration Act 1991 (NSW).
tenancy rating has the meaning given by the NABERS Energy rating rules.
utility meter means a meter:
(a) installed to measure electricity, gas or any other source of energy used in a building; and
(b) operated by the supplier of the electricity, gas or other source of energy as the basis for billing its customer.
whole building rating has the meaning given by the NABERS Energy rating rules.
4 Guidance material for certificates
(1) For paragraph 13 (1) (c) of the Act, the guidance in Schedule 1 is determined.
(2) For paragraph 13 (2) (c) of the Act, the guidance in Schedule 1 is determined.
5 Advertisements
(1) For section 15 of the Act, an energy efficiency rating for a building must be expressed:
(a) by using a whole number, or one-half of a whole number, from 0 to 5, worked out for the building under the NABERS Energy rating rules as applied by section 6, with 0 indicating the lowest rating and 5 indicating the highest rating; and
(b) by adding the words ‘-star NABERS Energy rating’ after the number worked out under paragraph (a).
Examples
1 ‘4.5-star NABERS Energy rating’.
2 ‘3-star NABERS Energy rating’.
(2) The rating must be displayed prominently within an advertisement so that:
(a) it is clearly visible; and
(b) it is not obscured; and
(c) the number and the text included in the rating is at least as large as the majority of the text contained in the advertisement.
6 Methods and standards of assessment — energy ratings
(1) For paragraph 21 (1) (a) of the Act, the assessment methods and standards set out in this section and the NABERS Energy rating rules, as modified under subsection (2), are determined.
Purchase of alternative fuels not counted for ratings
(2) In the application of the NABERS Energy rating rules under subsection (1), the purchase of electricity under the GreenPower program is disregarded for the purpose of working out an energy efficiency rating for a building.
Note Information about the GreenPower program is available at http://www.greenpower.gov.au.
Base building rating
(3) A person working out the energy efficiency rating for a building must work out the base building rating for the building.
(4) However, the person must work out the whole building rating for the building if it is not possible to work out the base building rating for the building because utility meters installed for the building are not sufficient to distinguish energy measured for a base building rating from energy measured for a tenancy rating.