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
Part 3	Building (General) Regulation 2008
	5	Legislation amended—pt 3	5
	6	New section 43A	5
	7	New schedule 3A	5

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

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:

Part 1	Preliminary
1	Name of Act
This Act is the Building (Energy Efficient Hot Water Systems) Legislation Amendment Act 2009.
2	Commencement
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)).

Part 2	Building Act 2004
3	Legislation amended—pt 2
This part amends the Building Act 2004.
4	Building code
Section 136 (1)
substitute
	(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.

Part 3	Building (General) Regulation 2008
5	Legislation amended—pt 3
This part amends the Building (General) Regulation 2008.
6	New section 43A
in part 5, insert
43A	Application of building code—hot water system standard—Act, s 136 (1A)
The hot water system standard in schedule 3A is prescribed.
7	New schedule 3A
insert
Schedule 3A	Hot water system standard
(see s 43A)
3A.1	Definitions
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).
3A.2	Hot water system—installation or replacement
	(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.
3A.3	Hot water system—determination
	(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.

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