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.

(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,

(b) Sydney Local Environmental Plan (Green Square Town Centre) 2013,

(c) Sydney Local Environmental Plan (Green Square Town Centre—Stage 2) 2013.

(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 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, Schedule 3.

large-scale generation certificate means a large-scale generation certificate created under the Renewable Energy (Electricity) Act 2000 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]).