In forceAmended2020 Revised Edition

Contents

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

22FN. Duties of specified individual carrying out energy audit for Type 1 building

Amended

Last amended by an amending law of 2024.

(1)

A specified individual appointed to carry out an energy audit of a Type 1 building must do all of the following:

(a)

carry out —

(i)

an audit on the energy use of the Type 1 building in the prescribed manner;

(ii)

an audit on the energy use of any cooling system or other system with high energy consumption that may be prescribed for that Type 1 building, in the prescribed manner; and

(iii)

an audit on the energy efficiency of any cooling system or other system with high energy consumption that may be prescribed for that Type 1 building, in the prescribed manner;

(b)

provide a recommendation on whether the Type 1 building is able to meet the specified reduction in energy use intensity without undergoing a major energy use change;

(c)

prepare and sign an energy efficiency improvement plan setting out the proposed measures to be carried out in relation to the Type 1 building for the purposes of meeting the specified reduction in energy use intensity (whether or not the proposed measures involve a major energy use change);

(d)

prepare and sign an audit report of the result of the energy audit in the form and manner specified by the Commissioner of Building Control that includes all of the following:

(i)

the recommendation mentioned in paragraph (b);

(ii)

the energy efficiency improvement plan mentioned in paragraph (c);

(e)

submit the audit report to the owner of the Type 1 building.

(2)

To avoid doubt, the proposed measures in the energy efficiency improvement plan may involve a major energy use change even if the building is able to meet the specified reduction in energy use intensity without undergoing a major energy use change.

(3)

If the specified individual appointed to carry out the energy audit assesses that it is impracticable for the Type 1 building to meet the specified reduction in energy use intensity (whether or not by carrying out a major energy use change), the audit report must include this assessment.

(4)

Any specified individual appointed to carry out an energy audit who —

(a)

without reasonable excuse, contravenes subsection (1) or (3); or

(b)

provides any information or makes any statement in relation to the audit report required under subsection (1) or (3), which the individual knows or has reason to believe is false,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

Terms defined in this Act

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
major energy use change
Defined · s 22FA
“major energy use change”, in relation to an existing building, means —(a)the installation, substantial alteration or replacement of a prescribed cooling system of the building; or(b)any other change to the energy requirements of the building that may be prescribed;
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

Read on from s 22FO

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