2009 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Ms Caroline Le Couteur) Building (Energy Efficient Hot Water Systems) Legislation Amendment Bill 2009 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 Part 2 Building Act 2004 3 Legislation amended--pt 2 3 4 Building code Section 136 (1) 3 J2009-333 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Part 3 Building (General) Regulation 2008 5 Legislation amended--pt 3 5 6 New section 43A 5 7 New schedule 3A 5 contents 2 Building (Energy Efficient Hot Water Systems) Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Ms Caroline Le Couteur) Building (Energy Efficient Hot Water Systems) Legislation Amendment Bill 2009 A Bill for 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: J2009-333 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 1 1 Part 1 Preliminary 2 1 Name of Act 3 This Act is the Building (Energy Efficient Hot Water Systems) 4 Legislation Amendment Act 2009. 5 2 Commencement 6 This Act commences on 1 July 2009. 7 Note The naming and commencement provisions automatically commence on 8 the notification day (see Legislation Act, s 75 (1)). page 2 Building (Energy Efficient Hot Water Systems) Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 3 1 Part 2 Building Act 2004 2 3 Legislation amended--pt 2 3 This part amends the Building Act 2004. 4 4 Building code 5 Section 136 (1) 6 substitute 7 (1) In this Act: 8 building code means the Building Code of Australia published by 9 the Australian Building Codes Board-- 10 (a) as amended from time to time by-- 11 (i) the Australian Building Codes Board; and 12 (ii) the Australian Capital Territory Appendix to the Building 13 Code of Australia; and 14 (b) as affected by subsection (1A). 15 (1A) The building code is taken to be amended to the effect that a hot 16 water system in a class 1 building must comply with the standard 17 prescribed by regulation. 18 (1B) For subsection (1A)-- 19 (a) a regulation may provide for the standard to apply, adopt or 20 incorporate an instrument as in force from time to time; and Building (Energy Efficient Hot Water Systems) Legislation page 3 Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 4 1 (b) the Legislation Act, section 47 (6) does not apply to such an 2 instrument. 3 Note 1 The text of an applied, adopted or incorporated instrument, whether 4 applied as in force from time to time or as at a particular time, is taken 5 to be a notifiable instrument if the operation of the Legislation Act, 6 s 47 (5) or (6) is not disapplied (see s 47 (7)). 7 Note 2 A notifiable instrument must be notified under the Legislation Act. 8 (1C) However, the building code as affected by subsection (1A) does not 9 apply in relation to a building built, or started to be built, before that 10 subsection commences until 1 January 2010. 11 (1D) Subsection (1C) and this subsection expire 1 year after the day 12 subsection (1A) commences. page 4 Building (Energy Efficient Hot Water Systems) Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 5 1 Part 3 Building (General) 2 Regulation 2008 3 5 Legislation amended--pt 3 4 This part amends the Building (General) Regulation 2008. 5 6 New section 43A 6 in part 5, insert 7 43A Application of building code--hot water system 8 standard--Act, s 136 (1A) 9 The hot water system standard in schedule 3A is prescribed. 10 7 New schedule 3A 11 insert 12 Schedule 3A Hot water system standard 13 (see s 43A) 14 3A.1 Definitions 15 In this schedule: 16 AS 1056 means Australian Standard AS 1056.1:1991 (Storage water 17 heaters--general requirements), as in force from time to time. 18 Note Australian and New Zealand standards may be purchased at 19 www.standards.org.au. 20 AS 4552 means Australian Standard AS 4552-2005 (Gas fired water 21 heaters for hot water supply and/or central heating), as in force 22 from time to time. Building (Energy Efficient Hot Water Systems) Legislation page 5 Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 7 1 AS/NZS 2712 means Australian and New Zealand Standard 2 AS/NZS 2712:2007 (Solar and heat pump water heaters--design 3 and construction), as in force from time to time. 4 AS/NZS 4234 means Australian and New Zealand Standard 5 AS/NZS 4234:2008 (Heated water systems--calculation of energy 6 consumption), as in force from time to time. 7 AS/NZS 4692 means Australian and New Zealand Standard 8 AS/NZS 4692.1:2005 (Electric water heaters--energy consumption, 9 performance and general requirements), as in force from time to 10 time. 11 climate zone 7--see the building code. 12 compliant electric hot water system means an electric hot water 13 system that-- 14 (a) complies with AS 1056; and 15 (b) has been rated in accordance with AS/NZS 4692; and 16 (c) has a volume of not more than 80 litres. 17 compliant gas hot water system means a gas hot water system 18 that-- 19 (a) complies with AS 4552; and 20 (b) achieves a minimum energy rating of 5 stars in accordance 21 with AS 4552. 22 compliant heat pump hot water system means a heat pump hot 23 water system that-- 24 (a) complies with AS/NZS 2712; and 25 (b) has been rated in accordance with AS/NZS 4234; and 26 (c) achieves a minimum energy saving of 60% for an annual 27 average hot water demand level of 38 MJ per day for climate 28 zone 7. page 6 Building (Energy Efficient Hot Water Systems) Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 7 1 compliant solar hot water system means a solar hot water system 2 that-- 3 (a) complies with AS/NZS 2712; and 4 (b) has been rated in accordance with AS/NZS 4234; and 5 (c) achieves a minimum energy saving of 60% for an annual 6 average hot water demand level of 38 MJ per day for climate 7 zone 7. 8 gas distribution network--see the Utilities Act 2000, section 10 (2). 9 hot water system means a system for supplying hot water for 10 domestic purposes including washing, bathing and showering. 11 non-urban land--see section 44 (2). 12 solid fuel-burning equipment--see the Environment Protection 13 Act 1997, schedule 2, section 2.1. 14 R-value--see section 28 (2). 15 3A.2 Hot water system--installation or replacement 16 (1) A person who installs a hot water system in a class 1 building, or 17 replaces a hot water system in a completed existing class 1 building, 18 must ensure that the system is 1 of the following: 19 (a) a compliant gas hot water system; 20 (b) a compliant heat pump hot water system; 21 (c) a compliant solar hot water system; 22 (d) a hot water system determined by the Minister. 23 (2) However, this section does not apply to the following: 24 (a) the installation or replacement of a hot water system in a 25 class 1 building in an area of non-urban land if the hot water 26 system consists of solid fuel-burning equipment; Building (Energy Efficient Hot Water Systems) Legislation page 7 Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 7 1 (b) the replacement of a hot water system in a class 1 building if-- 2 (i) the hot water system would be the only hot water system 3 for the building; and 4 (ii) the building is not in an area that has access to the gas 5 distribution network; and 6 (iii) the hot water system is a compliant electric hot water 7 system; and 8 (iv) the hot water system is insulated with thermal insulation 9 material that has an R-value of at least R1. 10 3A.3 Hot water system--determination 11 (1) The Minister may determine a hot water system for section 3A.2 if 12 satisfied that the greenhouse gas emissions associated with the hot 13 water system are not more than the greenhouse gas emissions 14 associated with the operation of any of the following hot water 15 systems: 16 (a) a compliant gas hot water system; 17 (b) a compliant heat pump hot water system; 18 (c) a compliant solar hot water system. 19 (2) A determination under this section is a notifiable instrument. 20 Note A notifiable instrument must be notified under the Legislation Act. page 8 Building (Energy Efficient Hot Water Systems) Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 Presentation speech Presentation speech made in the Legislative Assembly on 2009. 2 Notification Notified under the Legislation Act on 2009. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2009 Building (Energy Efficient Hot Water Systems) Legislation page 9 Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au