2009 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Ms Caroline Le Couteur) Water and Sewerage (Energy Efficient Hot-Water Systems) Legislation Amendment Bill 2009 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 Part 2 Water and Sewerage Act 2000 3 Legislation amended--pt 2 3 4 New section 45A 3 5 Section 46 4 6 Dictionary, new definition of ACT plumbing code 4 7 Dictionary, definition of plumbing code 4 J2009-479 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Part 3 Water and Sewerage Regulation 2001 8 Legislation amended--pt 3 5 9 New section 28 5 10 New schedule 2 5 11 Dictionary, note 2 13 12 Dictionary, note 4 13 13 Dictionary, new definitions 13 contents 2 Water and Sewerage (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) Water and Sewerage (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, and for other purposes The Legislative Assembly for the Australian Capital Territory enacts as follows: J2009-479 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 Water and Sewerage (Energy Efficient Hot-Water 4 Systems) Legislation Amendment Act 2009. 5 2 Commencement 6 This Act commences on 1 October 2009. 7 Note The naming and commencement provisions automatically commence on 8 the notification day (see Legislation Act, s 75 (1)). page 2 Water and Sewerage (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 Water and Sewerage Act 2000 2 3 Legislation amended--pt 2 3 This part amends the Water and Sewerage Act 2000. 4 4 New section 45A 5 insert 6 45A Meaning of plumbing code 7 (1) In this Act: 8 plumbing code means the ACT plumbing code as affected by 9 subsection (2). 10 (2) The plumbing code is taken to be amended to the effect that a 11 hot-water system in a class 1 building must comply with the 12 standard prescribed by regulation. 13 (3) However-- 14 (a) the old plumbing code as in force immediately before the 15 commencement of this subsection continues to apply to a 16 building built, or started to be built, before subsection (2) 17 commences until 1 January 2010; and 18 (b) the new plumbing code applies in relation to a building built, 19 or started to be built, before that subsection commences on 20 1 January 2010. 21 (4) In subsection (3): 22 old plumbing code means the plumbing code in force immediately 23 before the commencement of this section. 24 new plumbing code--see subsection (1). Water and Sewerage (Energy Efficient Hot-Water page 3 Systems) Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 5 1 (5) Subsections (3), (4) and this subsection expire 1 year after the day 2 this section commences. 3 (6) In this section: 4 class, of building--see the Building Act 2004, dictionary. 5 5 Section 46 6 substitute 7 46 Declaration of ACT plumbing code 8 (1) The Minister may declare a document to be the ACT plumbing code 9 for this Act. 10 (2) A declaration is a notifiable instrument. 11 Note A notifiable instrument must be notified under the Legislation Act. 12 6 Dictionary, new definition of ACT plumbing code 13 insert 14 ACT plumbing code means a document declared under section 46. 15 7 Dictionary, definition of plumbing code 16 substitute 17 plumbing code--see section 45A (1). page 4 Water and Sewerage (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 8 1 Part 3 Water and Sewerage 2 Regulation 2001 3 8 Legislation amended--pt 3 4 This part amends the Water and Sewerage Regulation 2001. 5 9 New section 28 6 insert 7 28 Application of plumbing code--hot-water system 8 standard--Act, s 45A (2) 9 The hot-water system standard in schedule 2 is prescribed. 10 10 New schedule 2 11 insert 12 Schedule 2 Hot-water system standard 13 (see s 28) 14 2.1 Definitions--sch 2 15 In this schedule: 16 building--see the Building Act 2004, dictionary. 17 class, of building--see the Building Act 2004, dictionary. 18 2.2 Compliant hot-water systems 19 (1) In this schedule: 20 compliant electric hot-water system means an electric hot-water 21 system that-- Water and Sewerage (Energy Efficient Hot-Water page 5 Systems) Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 10 1 (a) complies with AS 1056; and 2 (b) has been rated in accordance with AS/NZS 4692; and 3 (c) has a volume of not more than 80 litres. 4 compliant gas hot-water system means a gas hot-water system 5 that-- 6 (a) complies with AS 4552; and 7 (b) achieves a minimum energy rating of 5 stars in accordance 8 with AS 4552. 9 compliant heat pump hot-water system means a heat pump 10 hot-water system that-- 11 (a) complies with AS/NZS 2712; and 12 (b) has been rated in accordance with AS/NZS 4234; and 13 (c) if the hot-water system is to be installed in a class 1 building 14 with 1 or 2 bedrooms-- 15 (i) has at least 14 renewable energy certificates for climate 16 zone 7; and 17 (ii) achieves a minimum energy saving of 40% in accordance 18 with the requirements under AS/NZS 4234 for a small 19 system; and 20 (d) if the hot-water system is to be installed in a class 1 building 21 with 3 or 4 bedrooms-- 22 (i) has at least 22 renewable energy certificates for climate 23 zone 7; and 24 (ii) achieves a minimum energy saving of 60% in accordance 25 with the requirements under AS/NZS 4234 for a medium 26 system; and page 6 Water and Sewerage (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 10 1 (e) if the hot-water system is to be installed in a class 1 building 2 with 5 or more bedrooms-- 3 (i) has at least 28 renewable energy certificates for climate 4 zone 7; and 5 (ii) achieves a minimum energy saving of 60% in accordance 6 with the requirements under AS/NZS 4234 for a large 7 system. 8 compliant solar hot-water system means a solar hot-water system 9 that-- 10 (a) complies with AS/NZS 2712; and 11 (b) has been rated in accordance with AS/NZS 4234; and 12 (c) if the hot-water system is to be installed in a class 1 building 13 with 1 or 2 bedrooms-- 14 (i) has at least 14 renewable energy certificates for climate 15 zone 7; and 16 (ii) achieves a minimum energy saving of 40% in accordance 17 with the requirements under AS/NZS 4234 for a small 18 system; and 19 (d) if the hot-water system is to be installed in a class 1 building 20 with 3 or 4 bedrooms-- 21 (i) has at least 22 renewable energy certificates for climate 22 zone 7; and 23 (ii) achieves a minimum energy saving of 60% in accordance 24 with the requirements under AS/NZS 4234 for a medium 25 system; and Water and Sewerage (Energy Efficient Hot-Water page 7 Systems) Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 10 1 (e) if the hot-water system is to be installed in a class 1 building 2 with 5 or more bedrooms-- 3 (i) has at least 28 renewable energy certificates for climate 4 zone 7; and 5 (ii) achieves a minimum energy saving of 60% in accordance 6 with the requirements under AS/NZS 4234 for a large 7 system. 8 (2) In this section: 9 AS 1056 means Australian Standard AS 1056.1:1991 (Storage water 10 heaters--general requirements), as in force from time to time. 11 Note Australian and New Zealand standards may be purchased at 12 www.standards.org.au. 13 AS 4552 means Australian Standard AS 4552-2005 (Gas fired water 14 heaters for hot water supply and/or central heating), as in force 15 from time to time. 16 AS/NZS 2712 means Australian and New Zealand Standard 17 AS/NZS 2712:2007 (Solar and heat pump water heaters--design 18 and construction), as in force from time to time. 19 AS/NZS 4234 means Australian and New Zealand Standard 20 AS/NZS 4234:2008 (Heated water systems--calculation of energy 21 consumption), as in force from time to time. 22 AS/NZS 4692 means Australian and New Zealand Standard 23 AS/NZS 4692.1:2005 (Electric water heaters--energy consumption, 24 performance and general requirements), as in force from time to 25 time. 26 building code--see the Building Act 2004, section 136 (1). 27 climate zone 7--see the building code. 28 renewable energy certificate--see the Renewable Energy 29 (Electricity) Act 2000 (Cwlth), section 5 (1). page 8 Water and Sewerage (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 10 1 2.3 Hot-water system--installation or replacement 2 (1) A person who installs a hot-water system in a class 1 building must 3 ensure that the hot-water system is 1 of the following: 4 (a) a compliant gas hot-water system; 5 (b) a compliant heat pump hot-water system; 6 (c) a compliant solar hot-water system; 7 (d) a hot-water system determined by the Minister under 8 section 2.5. 9 (2) However, this section does not apply if any of the following apply: 10 (a) the hot-water system-- 11 (i) consists of solid fuel-burning equipment; and 12 (ii) is being installed in a class 1 building located in an area 13 of non-urban land; 14 (b) the hot-water system-- 15 (i) is replacing an existing hot-water system in a class 1 16 building that is located in an area without access to the 17 gas distribution network; and 18 (ii) is a compliant electric hot-water system; and 19 (iii) is insulated with thermal insulation material that has an 20 R-value of at least R1; and 21 (iv) is the only hot-water system for the building; 22 (c) the hot-water system-- 23 (i) is replacing, under warranty, an existing hot-water system 24 in a class 1 building; and 25 (ii) is an electric hot-water system; Water and Sewerage (Energy Efficient Hot-Water page 9 Systems) Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 10 1 (d) the hot-water system is replacing an existing hot-water system 2 in a completed existing class 1 building in a circumstance 3 prescribed by regulation. 4 (3) For paragraph (2) (d), a regulation may only prescribe a 5 circumstance in which compliance with this section would be 6 unreasonable because of a technical difficulty with the location or 7 operation of the hot-water system. 8 (4) In this section: 9 AS 4013 means Australian Standard 4013:1999 (Domestic solid fuel 10 burning appliances--method for determination of flue gas 11 emission), as in force from time to time. 12 fuel-burning equipment means a furnace, boiler, fireplace, oven, 13 retort, incinerator, internal-combustion engine, chimney or any other 14 apparatus, device, mechanism or structure, in the operation of which 15 combustible material is, or is intended to be, used or that is, or is 16 intended to be, used in relation to the burning of combustible 17 material. 18 gas distribution network--see the Utilities Act 2000, section 10 (2). 19 install a hot-water system includes replace an existing hot-water 20 system. 21 non-urban land means-- 22 (a) territory land in 1 of the following zones under the territory 23 plan: 24 (i) broadacre zone; 25 (ii) rural zone; 26 (iii) hills, ridges and buffer areas zone; 27 (iv) river corridor zone; 28 (v) mountains and bushlands zone; page 10 Water and Sewerage (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 10 1 (vi) transport and services zones TS1-TS2; or 2 (b) land other than land in an area identified under the national 3 capital plan as-- 4 (i) an urban area; or 5 (ii) the Central National Area. 6 R-value means the thermal resistance (m2K/W) of a component 7 worked out by dividing its thickness by its thermal conductivity. 8 solid fuel-burning equipment means fuel-burning equipment that is 9 designed to burn hard wood, soft wood or briquettes and to which 10 AS 4013 applies. 11 2.4 Hot-water system--declaration of compliant hot-water 12 systems 13 (1) The Minister must, in consultation with the planning and land 14 authority, declare hot-water systems that are the following kinds of 15 hot-water systems: 16 (a) compliant electric hot-water systems; 17 (b) compliant gas hot-water systems; 18 (c) compliant heat pump hot-water systems; 19 (d) compliant solar hot-water systems. 20 (2) A declaration must be made at least once each financial year. 21 (3) The first declaration must be made as soon as practicable after the 22 commencement of this section. 23 (4) Subsection (3) and this subsection expire 1 year after the day this 24 section commences. 25 (5) A declaration is a notifiable instrument. 26 Note A notifiable instrument must be notified under the Legislation Act. Water and Sewerage (Energy Efficient Hot-Water page 11 Systems) Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 10 1 2.5 Hot-water system--determination of other hot-water 2 systems 3 (1) The Minister may determine a hot-water system for 4 section 2.3 (1) (d) if satisfied that the greenhouse gas emissions 5 associated with the hot-water system are not more than the 6 greenhouse gas emissions associated with the operation of any of 7 the following hot-water systems: 8 (a) a compliant gas hot-water system; 9 (b) a compliant heat pump hot-water system; 10 (c) a compliant solar hot-water system. 11 (2) A determination is a notifiable instrument. 12 Note A notifiable instrument must be notified under the Legislation Act. 13 2.6 Hot-water system--water flow performance standard 14 (1) A person who installs a hot-water system in a class 1 building, or 15 replaces a hot-water system in a completed existing class 1 building, 16 must ensure that each shower outlet connected to the hot-water 17 system has a maximum flow capacity of not more than 9 litres per 18 minute. 19 (2) A shower outlet is taken to comply with subsection (1) if it is 20 connected to a shower head, flow controller or flow restrictor that-- 21 (a) achieves a minimum water rating of 3 stars in accordance with 22 the WELS standard for the shower head, flow controller or 23 flow restrictor; and 24 (b) carries a mark certifying that the shower head, flow controller 25 or flow restrictor complies with the plumbing code. 26 (3) This section does not apply to a hot-water system that is not 27 connected to water mains. page 12 Water and Sewerage (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 11 1 (4) In this section: 2 WELS standard--see the Water Efficiency Labelling and Standards 3 Act 2005, dictionary. 4 11 Dictionary, note 2 5 insert 6 · national capital plan 7 · territory plan 8 12 Dictionary, note 4 9 insert 10 · hot-water system 11 13 Dictionary, new definitions 12 insert 13 building, for schedule 2 (Hot-water system standard)--see the 14 Building Act 2004, dictionary. 15 class, of building, for schedule 2 (Hot-water system standard)--see 16 the Building Act 2004, dictionary. 17 compliant electric hot-water system, for schedule 2 (Hot-water 18 system standard)--see schedule 2, section 2.2. 19 compliant gas hot-water system, for schedule 2 (Hot-water system 20 standard)--see schedule 2, section 2.2. 21 compliant heat pump hot-water system, for schedule 2 (Hot-water 22 system standard)--see schedule 2, section 2.2. 23 compliant solar hot-water system, for schedule 2 (Hot-water system 24 standard)--see schedule 2, section 2.2. 25 hot-water system standard means the hot-water system standard 26 prescribed in schedule 2. Water and Sewerage (Energy Efficient Hot-Water page 13 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 page 14 Water and Sewerage (Energy Efficient Hot-Water Systems) Legislation Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au