In forceAmended2020 Revised Edition

Contents

Building Control Act 1989 · 2020 Revised Edition · Part 3B · Environmental Sustainability Measures for Existing Buildings

22FJ. Issuance of MEI audit notice

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Amended

Last amended by an amending law of 2024.

(1)

Subject to subsection (2), the Commissioner of Building Control must issue a mandatory energy improvement audit notice to an owner of a Type 1 building if the Commissioner of Building Control —

(a)

receives information relating to the energy consumption of the Type 1 building —

(i)

under section 22FF or 22FG; or

(ii)

from a reliable and independent source; and

(b)

based on the information mentioned in paragraph (a), reasonably believes that the Type 1 building is an energy-intensive building.

(2)

However, the Commissioner of Building Control —

(a)

need not issue an MEI audit notice in relation to a Type 1 building if —

(i)

measures set out in an energy efficiency improvement plan have been carried out in relation to the building in accordance with section 22FQ;

(ii)

after the measures were carried out, the specified reduction or approved reduction in energy use intensity for the building has been achieved during the maintenance period mentioned in section 22FT(2)(a); and

(iii)

a prescribed period after that maintenance period has not elapsed; and

(b)

may choose not to issue an MEI audit notice on any of the following grounds:

(i)

any prescribed ground;

(ii)

the Commissioner of Building Control is satisfied that there is a good reason not to issue the notice.

(3)

The Commissioner of Building Control does not need to ascertain the veracity of any information received under subsection (1)(a) before issuing an MEI audit notice.

(4)

An MEI audit notice must specify —

(a)

the period within which the owner must appoint a specified individual to carry out an energy audit of the Type 1 building under section 22FM; and

(b)

the period within which the owner must submit an audit report and energy efficiency improvement plan to the Commissioner of Building Control under section 22FO(2).

Terms defined in this Act

approved reduction
Defined · s 22FA
“approved reduction”, in relation to the energy use intensity of a building, means a reduction in the energy use intensity of the building by a percentage approved by the Commissioner of Building Control under section 22FO(3) for that building;
Open s 22FA
audit report
Defined · s 22FA
“audit report” means a report of the result of an energy audit mentioned in section 22FN(1)(d);
Open s 22FA
building
Defined · s 2
“building” means any permanent or temporary building or structure and includes —(a)a hut, shed or roofed enclosure;(b)an earth retaining or stabilising structure, whether permanent or temporary;(c)a dock, wharf or jetty;(ca)a floating structure, not being a boat or vessel, constructed or to be constructed on a flotation system that —(i)is or is to be supported by water;(ii)is not intended for or useable in navigation; and(iii)is or is to be permanently moored;(d)a culvert, crossing, bridge, underpass or tunnel;(da)a fixed installation;(e)a sewage treatment plant, sewer, drain, swimming pool or any non‑proprietary type of concrete tank for the storage of any solid, liquid or gaseous product;(f)a shelter provided under the Civil Defence Shelter Act 1997; and(g)such other erection or structure (whether permanent or temporary) as the Minister may, by order in the Gazette, declare to be a building;
Open s 2
Commissioner of Building Control
Defined · s 2
“Commissioner of Building Control”, in relation to this Act or any Part or provision of this Act, means any Commissioner of Building Control appointed under section 3(1) to be responsible for the operation of this Act or that Part or provision, as the case may be;
Open s 2
energy efficiency improvement plan
Defined · s 22FA
“energy efficiency improvement plan” means an energy efficiency improvement plan prepared under section 22FN(1)(c), and includes any energy efficiency improvement plan amended in accordance with section 22FO(4) or 22FS(1);
Open s 22FA
energy use intensity
Defined · s 22FA
“energy use intensity”, in relation to a building, means the annual energy consumption of the building per unit of gross floor area (expressed in kilowatt hour (kWh) per square metre per year), calculated using the prescribed methodology;
Open s 22FA
energy-intensive building
Defined · s 22FA
“energy-intensive building” means a Type 1 building that has an energy use intensity that exceeds the energy use intensity threshold;
Open s 22FA
mandatory energy improvement audit notice
Defined · s 22FA
“mandatory energy improvement audit notice” or “MEI audit notice” means a mandatory energy improvement audit notice issued under section 22FJ(1);
Open s 22FA
MEI audit notice
Defined · s 22FA
“mandatory energy improvement audit notice” or “MEI audit notice” means a mandatory energy improvement audit notice issued under section 22FJ(1);
Open s 22FA
prescribed
Defined · s 29A
“prescribed” means prescribed in the regulations made under section 29L.
Open s 29A
specified reduction
Defined · s 22FA
“specified reduction”, in relation to the energy use intensity of a building, means a reduction in the energy use intensity of the building by a prescribed percentage;
Open s 22FA
Type 1 building
Defined · s 22FA
“Type 1 building” means an existing building, or part of an existing building, of any class or type for the time being prescribed for the purposes of Divisions 2, 3 and 4;
Open s 22FA

Report

Read on from s 22FK

Part 4

Dangerous Buildings and Occurrences

Read on from Part 4

Part 4A

Maintenance of Buildings

Read on from Part 4A

Part 5

Inspection of Buildings and Building Façades

Read on from Part 5

Part 5A

Licensing of Builders

Read on from Part 5A

Part 5B

Regulating Fixed Installation Contractors

Read on from Part 5B

Part 6

Miscellaneous

Read on from Part 6