5. Regulation

5.1 Climate Change and Greenhouse Gas Reduction Act 2010

In November 2010, the ACT Government enacted the Climate Change and Greenhouse Gas Reduction Act 2010 ( See Policy Framework)

5.2 Regulation for buildings

In May 2010, the ACT adopted the new energy-efficiency provisions in the 2010 Building Code of Australia. Specific regulation for the application of energy efficiency standards to additions and alterations of all sizes has also been introduced.

The new standards complement the existing provisions for greenhouse-intensity of water heaters in the Water and Sewerage Act 2000. The Act also contains regulation on the water efficiency of fixtures, and new buildings must comply with the Water Sensitive Urban Design Code.

National minimum performance standards for electrical equipment and appliances are given effect in the Electricity Supply Act 1971.

5.3 ACT House Energy Rating Scheme

The ACT House Energy Rating Scheme (ACTHERS) was established in 1995 for rating new houses and units, and was expanded in 1999 to incorporate the mandatory disclosure of energy efficiency for the sale of residential properties. It uses NatHERS software to assess the thermal performance of buildings.

The Government is considering the expansion of disclosure requirements to appliances and other sustainability information, and to other types of buildings not already covered by the legislation. The ACT is also participating in national work on the introduction of residential mandatory disclosure in all jurisdictions, and the commercial mandatory disclosure program.

The ACT has introduced licensing for residential energy-efficiency assessors undertaking assessments for regulatory purposes. From 1 March 2011, all assessors will need to hold an appropriate license issued under the Construction Occupations (Licensing) Act 2004. This brings energy assessors into the same regulatory framework operating for all licensed practitioners in the ACT construction industry.

5.4 Legislating Green Power

As of 1 April 2009, electricity retailers must first offer Green Power to any new or reconnecting ACT electricity customer. Customers can choose to accept, refuse, increase or decrease the GreenPower component of their usage.

5.5 Greenhouse Gas Abatement Scheme

In 2005, the ACT joined with NSW to introduce a Greenhouse Gas Abatement Scheme (GGAS), which is the one of the first mandatory greenhouse gas emissions trading schemes in the world.

GGAS aims to reduce greenhouse gas emissions associated with the production and use of electricity. It achieves this by using project-based activities to offset the production of greenhouse gas emissions.

GGAS establishes annual Territory-wide greenhouse gas reduction targets, and then requires individual electricity retailers and certain other parties who buy or sell electricity in the ACT to meet mandatory benchmarks based on the size of their share of the electricity market. If these parties, known as benchmark participants, fail to meet their benchmarks, then a penalty is assigned.