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This is a Bill, not an Act. For current law, see the Acts databases.
WATER AND SEWERAGE (ENERGY EFFICIENT HOT-WATER SYSTEMS) LEGISLATION AMENDMENT BILL 2009
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
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
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:
This Act is the Water and Sewerage (Energy Efficient Hot-Water Systems)
Legislation Amendment Act 2009.
This Act commences on 1 October 2009.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Part
2 Water and Sewerage Act
2000
3 Legislation
amended—pt 2
This part amends the Water and Sewerage Act 2000.
insert
45A Meaning of plumbing
code
(1) In this Act:
plumbing code means the ACT plumbing code as affected by
subsection (2).
(2) The plumbing 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.
(3) However—
(a) the old plumbing code as in force immediately before the commencement
of this subsection continues to apply to a building built, or started to be
built, before subsection (2) commences until 1 January 2010; and
(b) the new plumbing code applies in relation to a building built, or
started to be built, before that subsection commences on 1 January
2010.
(4) In subsection (3):
old plumbing code means the plumbing code in force
immediately before the commencement of this section.
new plumbing code—see subsection (1).
(5) Subsections (3), (4) and this subsection expire 1 year after the day
this section commences.
(6) In this section:
class, of building—see the Building Act 2004,
dictionary.
substitute
46 Declaration of ACT plumbing
code
(1) The Minister may declare a document to be the ACT plumbing code for
this Act.
(2) A declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
6 Dictionary,
new definition of ACT plumbing code
insert
ACT plumbing code means a document declared under section
46.
7 Dictionary,
definition of plumbing code
substitute
plumbing code—see section 45A (1).
Part
3 Water and Sewerage
Regulation 2001
8 Legislation
amended—pt 3
This part amends the Water and Sewerage Regulation 2001.
insert
28 Application of plumbing code—hot-water
system standard—Act, s 45A (2)
The hot-water system standard in schedule 2 is prescribed.
insert
Schedule 2 Hot-water system
standard
(see s 28)
2.1 Definitions—sch 2
In this schedule:
building—see the Building Act 2004,
dictionary.
class, of building—see the Building Act 2004,
dictionary.
2.2 Compliant hot-water systems
(1) In this schedule:
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) if the hot-water system is to be installed in a class 1 building with
1 or 2 bedrooms—
(i) has at least 14 renewable energy certificates for climate zone 7;
and
(ii) achieves a minimum energy saving of 40% in accordance with the
requirements under AS/NZS 4234 for a small system; and
(d) if the hot-water system is to be installed in a class 1 building with
3 or 4 bedrooms—
(i) has at least 22 renewable energy certificates for climate zone 7;
and
(ii) achieves a minimum energy saving of 60% in accordance with the
requirements under AS/NZS 4234 for a medium system; and
(e) if the hot-water system is to be installed in a class 1 building with
5 or more bedrooms—
(i) has at least 28 renewable energy certificates for climate zone 7;
and
(ii) achieves a minimum energy saving of 60% in accordance with the
requirements under AS/NZS 4234 for a large system.
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) if the hot-water system is to be installed in a class 1 building with
1 or 2 bedrooms—
(i) has at least 14 renewable energy certificates for climate zone 7;
and
(ii) achieves a minimum energy saving of 40% in accordance with the
requirements under AS/NZS 4234 for a small system; and
(d) if the hot-water system is to be installed in a class 1 building with
3 or 4 bedrooms—
(i) has at least 22 renewable energy certificates for climate zone 7;
and
(ii) achieves a minimum energy saving of 60% in accordance with the
requirements under AS/NZS 4234 for a medium system; and
(e) if the hot-water system is to be installed in a class 1 building with
5 or more bedrooms—
(i) has at least 28 renewable energy certificates for climate zone 7;
and
(ii) achieves a minimum energy saving of 60% in accordance with the
requirements under AS/NZS 4234 for a large system.
(2) In this section:
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.
building code—see the Building Act 2004, section
136 (1).
climate zone 7—see the building code.
renewable energy certificate—see the Renewable
Energy (Electricity) Act 2000 (Cwlth), section 5 (1).
2.3 Hot-water system—installation or
replacement
(1) A person who installs a hot-water system in a class 1 building must
ensure that the hot-water 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 under
section 2.5.
(2) However, this section does not apply if any of the following
apply:
(a) the hot-water system—
(i) consists of solid fuel-burning equipment; and
(ii) is being installed in a class 1 building located in an area of
non-urban land;
(b) the hot-water system—
(i) is replacing an existing hot-water system in a class 1 building
that is located in an area without access to the gas distribution network;
and
(ii) is a compliant electric hot-water system; and
(iii) is insulated with thermal insulation material that has an R-value of
at least R1; and
(iv) is the only hot-water system for the building;
(c) the hot-water system—
(i) is replacing, under warranty, an existing hot-water system in a
class 1 building; and
(ii) is an electric hot-water system;
(d) the hot-water system is replacing an existing hot-water system in a
completed existing class 1 building in a circumstance prescribed by
regulation.
(3) For paragraph (2) (d), a regulation may only prescribe a
circumstance in which compliance with this section would be unreasonable because
of a technical difficulty with the location or operation of the hot-water
system.
(4) In this section:
AS 4013 means Australian Standard 4013:1999 (Domestic
solid fuel burning appliances—method for determination of flue gas
emission), as in force from time to time.
fuel-burning equipment means a furnace, boiler, fireplace,
oven, retort, incinerator, internal-combustion engine, chimney or any other
apparatus, device, mechanism or structure, in the operation of which combustible
material is, or is intended to be, used or that is, or is intended to be, used
in relation to the burning of combustible material.
gas distribution network—see the Utilities Act
2000, section 10 (2).
install a hot-water system includes replace an existing
hot-water system.
non-urban land means—
(a) territory land in 1 of the following zones under the territory
plan:
(i) broadacre zone;
(ii) rural zone;
(iii) hills, ridges and buffer areas zone;
(iv) river corridor zone;
(v) mountains and bushlands zone;
(vi) transport and services zones TS1-TS2; or
(b) land other than land in an area identified under the national capital
plan as—
(i) an urban area; or
(ii) the Central National Area.
R-value means the thermal resistance
(m2K/W)
of a component worked out by dividing its thickness by its thermal
conductivity.
solid fuel-burning equipment means fuel-burning equipment
that is designed to burn hard wood, soft wood or briquettes and to which AS 4013
applies.
2.4 Hot-water system—declaration of compliant
hot-water systems
(1) The Minister must, in consultation with the planning and land
authority, declare hot-water systems that are the following kinds of hot-water
systems:
(a) compliant electric hot-water systems;
(b) compliant gas hot-water systems;
(c) compliant heat pump hot-water systems;
(d) compliant solar hot-water systems.
(2) A declaration must be made at least once each financial
year.
(3) The first declaration must be made as soon as practicable after the
commencement of this section.
(4) Subsection (3) and this subsection expire 1 year after the day
this section commences.
(5) A declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
2.5 Hot-water system—determination of other
hot-water systems
(1) The Minister may determine a hot-water system for
section 2.3 (1) (d) 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 is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
2.6 Hot-water system—water flow performance
standard
(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 each shower outlet connected to the hot-water system has a maximum
flow capacity of not more than 9 litres per minute.
(2) A shower outlet is taken to comply with subsection (1) if it is
connected to a shower head, flow controller or flow restrictor
that—
(a) achieves a minimum water rating of 3 stars in accordance with the WELS
standard for the shower head, flow controller or flow restrictor; and
(b) carries a mark certifying that the shower head, flow controller or
flow restrictor complies with the plumbing code.
(3) This section does not apply to a hot-water system that is not
connected to water mains.
(4) In this section:
WELS standard—see the Water Efficiency Labelling and
Standards Act 2005, dictionary.
insert
• national capital plan
• territory plan
insert
• hot-water system
13 Dictionary,
new definitions
insert
building, for schedule 2 (Hot-water system
standard)—see the Building Act 2004, dictionary.
class, of building, for schedule 2 (Hot-water system
standard)—see the Building Act 2004, dictionary.
compliant electric hot-water system, for
schedule 2 (Hot-water system standard)—see schedule 2, section
2.2.
compliant gas hot-water system, for schedule 2 (Hot-water
system standard)—see schedule 2, section 2.2.
compliant heat pump hot-water system, for schedule 2
(Hot-water system standard)—see schedule 2, section 2.2.
compliant solar hot-water system, for schedule 2 (Hot-water
system standard)—see schedule 2, section 2.2.
hot-water system standard means the hot-water system standard
prescribed in schedule 2.
Endnotes
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
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