5. Implementation Requirements

5.1 Core eligibility requirements - +

There are a number of requirements that an ACP must meet to be eligible to create ESCs from the delivery of a RESA at a site (implementation). Your business processes and systems, including your record keeping arrangements must accommodate these requirements for you to successfully operate as an ACP.

The ESS Rule establishes core eligibility requirements to ensure that all implementations achieve energy savings that would not have occurred in the absence of the ESS.

Table 5.1 Core eligibility requirements to create ESCs

What

Requirement

Explanation and instructions

Legislative instrument

Additional information

Accreditation status

  • You can only create ESCs if you are an ACP.
  • You must be accredited as an ACP prior to the implementation date to be eligible to create ESCs from an implementation.

Act, Schedule 4A, cl 37

ESS Rule, cl 6.2(b)

Method Guides for each calculation method and ESS Rule for definition of implementation date for each calculation method

Energy Saver

You can only calculate energy savings and create ESCs from an implementation if you meet the definition of ‘energy saver’ under the ESS Rule at the implementation date. The energy saver is either:

  • the person defined as the energy saver in each of the relevant methods in the ESS Rule (original energy saver), or
  • the person nominated by the original energy saver (nominated energy saver)
    • see below for requirements for nominated energy savers.

  • The original energy saver is generally the person who will benefit from the energy savings that will occur as a result of the implementation.
  • The original energy saver is defined in the ESS Rule for each method and can be:
  • the person (or business) who pays for the electricity bill,
  • the owner of the property where the implementation occurs,
  • an occupant (or tenant) of the property where the implementation occurs,
  • the person or business that pays for the upgrade and will benefit from the energy savings from the Implementation, or
  • the person who removes or sells an energy consuming appliance.

ESS Rule, cl 5.2 & 6.2(a)

Method Guides for each calculation method for definition of energy saver.

Nominated Energy Saver

To create ESCs, for each implementation the nominated energy saver must:

  • be nominated by the original energy saver on or before the implementation date, and
  • be accredited as an ACP on a date prior to the implementation date (and before the nomination is made)
  • The nomination is taken to occur on the date that the nomination form is signed by the original energy saver or such later date specified in the nomination form.

ESS Rule,

cl 6.2

Templates to carry out your operations.

Nominated Energy Saver – form and manner of nomination

You must

  • obtain a nomination in a form and manner approved by the Scheme Administrator, and
  • obtain each nomination in accordance with customer engagement processes outlined in the Minimum Requirements
  • The nomination form template on the ESS website sets out the form and manner of nomination approved by the Scheme Administrator.
  • Important! The nomination form is a legal document. Any changes to the details recorded on the form after it is first signed by the energy saver must be initialled and dated by all signatories.
  • If changes are made to the nomination form without the written consent of the signatories, IPART and/or IPART’s auditors may consider the nomination form invalid. This may result in ESCs being deemed to have been improperly created.
  • Penalties and/or imprisonment may apply for knowingly providing false or misleading information to the Scheme Administrator.
  • Auditors may require other information, in addition to the minimum requirements to provide assurance where there are discrepancies between the nomination form and implementation details submitted for the purpose of applying to create ESCs.
  • You should have a documented procedure to demonstrate that you can obtain a nomination from the original energy saver in a form and manner approved by the Scheme Administrator.

ESS Rule, cl 5.2(b)

Accreditation Notice, cl 13

Act, Schedule 4A, cl 61

Regulation, cl 47 & 56

Nomination form template can be accessed from Templates to carry out your operations.

ESS Notice 01/2013 – Minimum Requirements of Conduct for customer engagement processes.

5.2 Equipment requirements - +

There are a number of requirements that an ACP must meet to be eligible to create ESCs from the delivery of a RESA at a site (implementation). Your business processes and systems, including your record keeping arrangements must accommodate these requirements for you to successfully operate as an ACP.

You are responsible for ensuring each implementation meets the equipment requirements for the activity being performed.

Table 5.2 Equipment requirements

What

Requirement

Explanation and instructions

Legislative instrument

Additional information

All ACPs

You must ensure that equipment you install as part of each implementation complies with equipment requirements.

  • Equipment requirements are specified in the ESS Rule and vary for each calculation method, and in some cases each activity under each method of the ESS Rule.

ESS Rule,

cl 9.2A.1

cl 8.4B.1

cl 7A.21A.1

Method Guides for each calculation method

ESS Rule

ACPs installing Emerging Lighting Technologies (ELTs)

You must ensure that the lighting equipment you install has been accepted by the Scheme Administrator before creating any ESCs from each implementation.

  • There is a separate application process for ELTs to be accepted by the Scheme Administrator. This process requires you to provide evidence that each product meets the equipment requirements - eg, Laboratory test reports.
  • There are different requirements for equipment under the different methods (Commercial Lighting, HEER, MBM and PIAM&V).
  • A list of equipment already accepted by the Scheme Administrator under each method is available on the ESS Website.

ESS Rule

cl 9.2A.1

cl 8.4B.1

cl 7A.21A.1

Lighting Equipment Requirements for details on application process and list of accepted equipment for each method.

5.3 Recycling and disposal requirements - +

There are a number of requirements that an ACP must meet to be eligible to create ESCs from the delivery of a RESA at a site (implementation). Your business processes and systems, including your record keeping arrangements must accommodate these requirements for you to successfully operate as an ACP.

The ESS Rule requires that any equipment removed or replaced as part of a RESA is disposed of appropriately. Therefore if your RESA involves removing equipment, you must have business processes and systems in place to ensure this requirement is met for each implementation.

Table 5.3 Recycling and disposal requirements

What

Requirement

Explanation and instructions

Legislative instrument

Additional information

All ACPs

You must not refurbish, re-use or resell end-user equipment that you remove as part of the RESA.

  • Method guides include information on the minimum records that you must keep to demonstrate you meet this requirement.

ESS Rule, cl 5.3A(a)

Method Guides for each calculation method – section on Minimum Required Records (where applicable)

ACPs that remove lighting end-user equipment

For each implementation in a metropolitan levy area (an area with a postcode listed in Table A25 of Schedule A to the ESS Rule).

  • you must ensure that any lighting end-user equipment containing mercury is recycled in accordance with the recycling requirements of a product stewardship scheme.
  • This applies to all implementations on or after 15 May 2016.
  • Method guides include information on the minimum records you must keep to demonstrate that you meet this requirement.

ESS Rule, cl 5.3A(b)

Method Guides for each calculation method – section on Minimum Required Records, where applicable

ACPs that remove equipment containing refrigerants

  • You must obtain recycling evidence for any refrigerants being disposed of.
  • Refrigerants must be disposed of in a manner that is compliant with the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.
  • This applies to all Implementations
    • on or after 15 May 2016,
    • involving removal of refrigerants, for example such as the removal and replacement of an air conditioner.
  • Method guides include information on the minimum records you must keep to demonstrate that you meet this requirement.

ESS Rule, cl 5.3A(b)

Method Guides for each calculation method – section on Minimum Required Records, where applicable

See all