79AEnergy and water use for large commercial development under Sustainable Buildings SEPP

#### 79A Energy and water use for large commercial development under Sustainable Buildings SEPP 79A Energy and water use for large commercial development under Sustainable Buildings SEPP > > (1) This section applies to a development consent for large commercial development under [State Environmental Planning Policy (Sustainable Buildings) 2022](/view/html/inforce/current/epi-2022-0521). > > > (2) It is a condition of the development consent that, within the relevant period, the following must be given to the consent authority using the NSW planning portal— > > > > > (a) an assessment of the NABERS rating for water use achieved by the development, prepared by an assessor accredited under NABERS, > > > > > (b) an assessment of the NABERS rating for energy use achieved by the development, prepared by an assessor accredited under NABERS, > > > > > (c) evidence that the offsets required for the development under this section have been— > > > > > > > (i) for ACCUs or large-scale generation certificates—purchased and surrendered, or > > > > > > > (ii) for Climate Active certification—obtained. > > > (3) The assessment under subsection (2)(b) must specify the following— > > > > > (a) the rated annual electricity use, > > > > > (b) if the development will not achieve the energy use standards—the difference between the rated annual electricity use and the energy use standards, calculated for the first 5 years of operation, > > > > > (c) the rated use of on-site fossil fuels and the associated amount of carbon dioxide measured as carbon dioxide equivalent or CO2e, calculated for the first 10 years of operation. > > > (4) The consent authority must determine— > > > > > (a) the type of offsets required for particular development according to the following— > > > > > > > (i) ACCUs or Climate Active certification may be required if the consent authority is satisfied the development will use on-site fossil fuels, > > > > > > > (ii) large-scale generation certificates may be required if the consent authority is satisfied the development will not achieve the energy use standards, and > > > > > (b) the number of offsets required for particular development, using the assessment provided under subsection (2)(b). > > > (4A) Subsections (2)(b) and (c), (3) and (4) do not apply to large commercial development on land to which the following local environmental plans apply— > > > > > (a) [Sydney Local Environmental Plan 2012](/view/html/inforce/current/epi-2012-0628), > > > > > (b) [Sydney Local Environmental Plan (Green Square Town Centre) 2013](/view/html/inforce/current/epi-2013-0541), > > > > > (c) [Sydney Local Environmental Plan (Green Square Town Centre—Stage 2) 2013](/view/html/inforce/current/epi-2013-0525). > > > (4B) Despite subsection (4A), subsections (2)(b) and (c), (3) and (4) apply to large commercial development to the extent that the development relates to prescribed serviced apartments. > > > (5) In this section— > > > > ACCU means an Australian Carbon Credit Unit issued by the Clean Energy Regulator under the [Carbon Credits (Carbon Farming Initiative) Act 2011](http://www.legislation.gov.au/) of the Commonwealth. > > > > Climate Active certification means Climate Active certification under the Climate Active Carbon Neutral Standard for organisations, buildings or precincts. > > > > energy use standards means the standards for energy use specified in [State Environmental Planning Policy (Sustainable Buildings) 2022](/view/html/inforce/current/epi-2022-0521), Schedule 3. > > > > large-scale generation certificate means a large-scale generation certificate created under the [Renewable Energy (Electricity) Act 2000](http://www.legislation.gov.au/) of the Commonwealth. > > > > offset means an ACCU, Climate Active certification or a large-scale generation certificate. > > > > relevant period, for a building, means 24 months from— > > > > > (a) the day on which an occupation certificate is issued, if the development requires an occupation certificate, or > > > > > (b) the day on which the building may be occupied or used, if the development does not require an occupation certificate. > > **s 79A:** Ins 2022 (520), Sch 2\[4\] (am 2023 (531), Sch 1\[13\]–\[15\]).