2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Ms Caroline Le Couteur)

2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Ms Caroline Le Couteur)

An Act to amend legislation to promote the use of solar and other efficient hot water systems in the ACT

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Building (Energy Efficient Hot Water Systems) Legislation Amendment Act 2009.

This Act commences on 1 July 2009.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This part amends the Building Act 2004.

(1) In this Act:

building code means the Building Code of Australia published by the Australian Building Codes Board—

(a) as amended from time to time by—

(i) the Australian Building Codes Board; and

(ii) the Australian Capital Territory Appendix to the Building Code of Australia; and

(b) as affected by subsection (1A).

(1A) The building code is taken to be amended to the effect that a hot water system in a class 1 building must comply with the standard prescribed by regulation.

(1B) For subsection (1A)—

(a) a regulation may provide for the standard to apply, adopt or incorporate an instrument as in force from time to time; and

(b) the Legislation Act, section 47 (6) does not apply to such an instrument.

Note 1 The text of an applied, adopted or incorporated instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).

Note 2 A notifiable instrument must be notified under the Legislation Act.

(1C) However, the building code as affected by subsection (1A) does not apply in relation to a building built, or started to be built, before that subsection commences until 1 January 2010.

(1D) Subsection (1C) and this subsection expire 1 year after the day subsection (1A) commences.

This part amends the Building (General) Regulation 2008.

The hot water system standard in schedule 3A is prescribed.

In this schedule:

AS 1056 means Australian Standard AS 1056.1:1991 (Storage water heaters—general requirements), as in force from time to time.

Note Australian and New Zealand standards may be purchased at www.standards.org.au.

AS 4552 means Australian Standard AS 4552-2005 (Gas fired water heaters for hot water supply and/or central heating), as in force from time to time.

AS/NZS 2712 means Australian and New Zealand Standard AS/NZS 2712:2007 (Solar and heat pump water heaters—design and construction), as in force from time to time.

AS/NZS 4234 means Australian and New Zealand Standard AS/NZS 4234:2008 (Heated water systems—calculation of energy consumption), as in force from time to time.

AS/NZS 4692 means Australian and New Zealand Standard AS/NZS 4692.1:2005 (Electric water heaters—energy consumption, performance and general requirements), as in force from time to time.

climate zone 7—see the building code.

compliant electric hot water system means an electric hot water system that—

(a) complies with AS 1056; and

(b) has been rated in accordance with AS/NZS 4692; and

(c) has a volume of not more than 80 litres.

compliant gas hot water system means a gas hot water system that—

(a) complies with AS 4552; and

(b) achieves a minimum energy rating of 5 stars in accordance with AS 4552.

compliant heat pump hot water system means a heat pump hot water system that—

(a) complies with AS/NZS 2712; and

(b) has been rated in accordance with AS/NZS 4234; and

(c) achieves a minimum energy saving of 60% for an annual average hot water demand level of 38 MJ per day for climate zone 7.

compliant solar hot water system means a solar hot water system that—

(a) complies with AS/NZS 2712; and

(b) has been rated in accordance with AS/NZS 4234; and

(c) achieves a minimum energy saving of 60% for an annual average hot water demand level of 38 MJ per day for climate zone 7.

gas distribution network—see the Utilities Act 2000, section 10 (2).

hot water system means a system for supplying hot water for domestic purposes including washing, bathing and showering.

non-urban land—see section 44 (2).

solid fuel-burning equipment—see the Environment Protection Act 1997, schedule 2, section 2.1.

R-value—see section 28 (2).

(1) A person who installs a hot water system in a class 1 building, or replaces a hot water system in a completed existing class 1 building, must ensure that the system is 1 of the following:

(a) a compliant gas hot water system;

(b) a compliant heat pump hot water system;

(c) a compliant solar hot water system;

(d) a hot water system determined by the Minister.

(2) However, this section does not apply to the following:

(a) the installation or replacement of a hot water system in a class 1 building in an area of non-urban land if the hot water system consists of solid fuel-burning equipment;

(b) the replacement of a hot water system in a class 1 building if—

(i) the hot water system would be the only hot water system for the building; and

(ii) the building is not in an area that has access to the gas distribution network; and

(iii) the hot water system is a compliant electric hot water system; and

(iv) the hot water system is insulated with thermal insulation material that has an R-value of at least R1.

(1) The Minister may determine a hot water system for section 3A.2 if satisfied that the greenhouse gas emissions associated with the hot water system are not more than the greenhouse gas emissions associated with the operation of any of the following hot water systems:

(a) a compliant gas hot water system;

(b) a compliant heat pump hot water system;

(c) a compliant solar hot water system.

(2) A determination under this section is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

Presentation speech made in the Legislative Assembly on 2009.

Notified under the Legislation Act on 2009.

For the latest republication of amended laws, see www.legislation.act.gov.au.