Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017

These Regulations set out the project-based pathway within the Victorian Energy Efficiency Target scheme. They prescribe which project activities can generate certificates, how projects are approved, how savings are measured and verified, and the administrative machinery the Essential Services Commission and the Secretary to the Department must run. The Regulations operate under section 75 of the Victorian Energy Efficiency Target Act 2007, they commenced on 19 June 2017, and the endnotes record the original statutory rule was made on 14 June 2017 and will sunset 10 years after making (endnote 1) unless changed (regulation 3; see Objectives in reg 1).

Mechanically, the Regulations do the following.

Define the class of project-based activities that are "prescribed" for the Act, including multiple project measurement models such as measurement and verification projects, benchmark-rating projects and specified measurement methods, and a further category of "advanced MV projects" (reg 5 and definitions in reg 4).
Create a two-stage approval and delivery process for projects, comprising scoping approval and project plan approval, with separate application content and timelines for ESC decision making (regs 6 and 7). Project impact reports are the approval gateway to certificate creation (regs 11 and 11A).
Delegate technical specification functions to the Secretary, who may specify methods, variables, baseline and reporting periods, the timing of when an activity is taken to have been undertaken and when the emissions reduction is taken to have occurred, and conditions that can prevent certificate creation (reg 18; regs 12-14).
Authorise the ESC to publish application forms and guidance, maintain public registers of approved projects and of approved Measurement and Verification Professionals, set competence and declaration requirements for those professionals, and to approve, refuse, vary or cancel approvals (reg 15; reg 16; reg 17).

Version No. 004

Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017

S.R. No. 46/2017

Version incorporating amendments as at
26 August 2025

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 2

3 Commencement 2

4 Definitions 2

Part 2—Project-Based Activities 7

5 Prescribed activities 7

6 Scoping approval 8

7 Project plan approval 13

8 Scoping approval and project plan approval variations 15

9 Cancel and relinquish 17

9A Transfer of project 17

Part 3—Methods and variables 19

10 Method and variables 19

11 Project impact report 19

11A Information and documents required in an application for approval of a project impact report 21

12 When a certificate may not be created 24

13 Time at which prescribed activity is undertaken and reduction in greenhouse gas emissions occurs 24

14 Conditions and circumstances under which a certificate cannot be created 25

Part 4—ESC functions 26

15 Matters to be specified by the ESC 26

16 Public register of approved projects 29

17 Approved Measurement and Verification Professional 30

17A Benchmark administrator 31

Part 5—Secretary's functions 33

18 Matters to be specified by the Secretary 33

═════════════

Endnotes 37

1 General information 37

2 Table of Amendments 39

3 Explanatory details 40

Version No. 004

Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017

S.R. No. 46/2017

Version incorporating amendments as at
26 August 2025

Part 1—Preliminary

1 Objectives

The objectives of these Regulations are to—

(a) prescribe activities that are undertaken as part of a project that will reduce greenhouse gas emissions; and

(b) prescribe the requirements by which a proponent of a project may obtain scoping and project plan approval for a project; and

(c) entitle a project that has a scoping and project plan approval to create certificates following approval, by the ESC, of a project impact report; and

(d) make provision in relation to the approval of Measurement and Verification Professionals;

Reg. 1(e) amended by S.R. No. 82/2025 reg. 4(1).

(e) provide for the register of approved projects and approved Measurement and Verification Professionals; and

Reg. 1(ea) inserted by S.R. No. 82/2025 reg. 4(2).

(ea) allow a transfer of projects from one accredited provider to another; and

(f) make consequential and related amendments to the Victorian Energy Efficiency Target Regulations 2008; and

(g) prescribe other matters for the purposes of the Victorian Energy Efficiency Target Act 2007.

2 Authorising provision

These Regulations are made under section 75 of the Victorian Energy Efficiency Target Act 2007.

3 Commencement

These Regulations come into operation on
19 June 2017.

4 Definitions

In these Regulations—

Reg. 4 def. of advanced measurement and verification inserted by S.R. No. 82/2025 reg. 5(1).

advanced measurement and verification means a method of measurement and verification that is specified under regulation 18(1)(ba);

Reg. 4 def. of advanced MV project inserted by S.R. No. 82/2025 reg. 5(1).

advanced MV project means an MV project involving the use of advanced measurement and verification;

approved Measurement and Verification Professional means a person approved under regulation 17 that is on the register maintained by the ESC;

Association of Energy Engineers, is a non-profit professional society located in Atlanta, Georgia of the United States of America with a Taxpayer Identification Number of 58‑1306354 issued by the Internal Revenue Service of the United States of America;

Reg. 4 def. of benchmark administrator inserted by S.R. No. 175/2018 reg. 5.

benchmark administrator means a person approved under regulation 17A(1);

Reg. 4 def. of benchmark process inserted by S.R. No. 175/2018 reg. 5.

benchmark process means a process that produces a benchmark rating calculated without including energy consumption that is attributed to the purchase of a GreenPower Product;

Reg. 4 def. of benchmark rating inserted by S.R. No. 175/2018 reg. 5.

benchmark rating means a rating that—

(a) represents the energy efficiency of particular premises; and

(b) is calculated using energy consumption measurements that account for a 12 month period;

Reg. 4 def. of BR project inserted by S.R. No. 175/2018 reg. 5, amended by S.R. No. 82/2025 reg. 5(2)(a).

BR project means a project involving the use of a benchmark process, being a project that is the subject of—

(a) an application for a scoping approval that includes a nomination of a benchmark administrator under regulation 6(3A); or

(b) a scoping approval granted on an application referred to in paragraph (a);

Building Code means the Building Code of Australia within the meaning of section 3(1) of the Building Act 1993;

Department means the Department of Environment, Land, Water and Planning;

energy consuming product means a product that consumes electricity, gas or renewable energy;

Reg. 4 def. of GreenPower Product inserted by S.R. No. 175/2018 reg. 5.

GreenPower Product has the same meaning as in the National GreenPower Accreditation Program: Program Rules Version 10, published by the National GreenPower Steering Group on 9 May 2016;

implementation start time, in relation to a project, means the date, and optionally the time, normal operations are capable of commencing after all changes to be implemented by the project, including any testing and commissioning, are completed;

Reg. 4 def. of incoming accredited person inserted by S.R. No. 82/2025 reg. 5(1).

incoming accredited person, in relation to a project, means a person that has been nominated as an incoming accredited person in an application made under regulation 9A(1);

Reg. 4 def. of MV project inserted by S.R. No. 175/2018 reg. 5, amended by S.R. No. 82/2025 reg. 5(2)(b).

MV project means a project involving the use of measurement and verification, being a project that is the subject of—

(a) an application for a scoping approval that does not include a nomination of a benchmark administrator under regulation 6(3A); or

(b) a scoping approval granted on an application referred to in paragraph (a);

native forest has the same meaning as in the Code of Practice for Timber Production 2014 published by the Department of Environment and Primary Industries under Part 5 of the Conservation, Forests and Lands Act 1987;

renewable energy means an energy source that is—

(a) hydro;

(b) wave;

(d) ocean;

(e) wind;

(f) solar;

(g) geothermal-aquifer;

(h) hot dry rock;

(i) energy crops;

(j) wood waste unless it is from a native forest;

(k) wood waste from a native forest provided it is a waste product from the construction of buildings or furniture, including timber off-cuts and timber from demolished buildings;

(l) agricultural waste;

(m) waste from processing of agricultural products;

(n) food waste;

(o) food processing waste;

(p) bagasse;

(q) black liquor;

(r) biomass-based components of municipal solid waste;

(s) landfill gas;

(t) sewage gas and biomass-based components of sewage—

but does not include an energy source that is—

(a) fossil fuels; or

(b) materials or waste products derived from fossil fuels;

Secretary means Secretary to the Department;

Reg. 4 def. of service amended by S.R. No. 82/2025 reg. 5(2)(c).

service means an output or amenity, such as heating, cooling, steam, transportation, compressed air, water pumping and lighting, that is produced by an energy-consuming system;

Reg. 4 def. of SMM project inserted by S.R. No. 82/2025 reg. 5(1).

SMM project means a project involving the use of a specified measurement method, being a project that is the subject of—

(a) an application for a scoping approval that nominates the use of a specified measurement method under regulation 6(3A); or

(b) a scoping approval granted on an application referred to in paragraph (a);

Reg. 4 def. of specified measurement method inserted by S.R. No. 82/2025 reg. 5(1).

specified measurement method means a method specified by the Secretary under regulation 18(1)(da);

Reg. 4 def. of the Act inserted by S.R. No. 82/2025 reg. 5(1).

the Act means the Victorian Energy Efficiency Target Act 2007.

Part 2—Project-Based Activities

Reg. 5 substituted by S.R. No. 82/2025 reg. 6.

5 Prescribed activities

For the purposes of section 15 of the Act, an activity is prescribed if—

(a) the activity that is undertaken will result in a reduction in greenhouse gas emissions that would not otherwise have occurred if the project was not undertaken; and

(b) either—

(i) for an MV project other than an advanced MV project, the activity has been undertaken as described in an approved application for a scoping approval in respect of an MV project or an approved application for a project plan in respect of an MV project; or

(ii) for an SMM project, the activity has been undertaken as described in an approved application for a scoping approval in respect of an SMM project; or

(iii) for a BR project, the activity has been undertaken as described in an approved application for a scoping approval in respect of a BR project; or

(iv) for an advanced MV project, the activity has been undertaken as described in an approved application for scoping approval in respect of an advanced MV project.

6 Scoping approval

(1) An accredited person may apply to the ESC for a scoping approval in respect of a project.

Reg. 6(2) substituted by S.R. Nos 175/2018 reg. 6(1), 82/2025 reg. 7(1).

(2) The application must—

(a) be in the manner and form specified by the ESC under regulation 15(1)(a); and

(b) include the information and documents—

(i) specified by the ESC under regulation 15(1)(a); and

(ii) specified in subregulation (3); and

(iii) specified in subregulation (3A) for the prescribed activity nominated under paragraph (c); and

(d) be accompanied by any relevant fee fixed under section 73 of the Act.

Reg. 6(2A) inserted by S.R. No. 175/2018 reg. 6(2), revoked by S.R. No. 82/2025 reg. 7(2).

Reg. 6(3) amended by S.R. Nos 175/2018 reg. 6(3), 82/2025 reg. 7(3)(a).

(3) The information and documents required to be included under subregulation (2)(b)(ii) are the following—

(a) the name and address of the accredited person;

(b) the address of the premises where the project will be undertaken;

Reg. 6(3)(c) amended by S.R. No. 82/2025 reg. 7(3)(b).

(d) a description of the kinds of activities to be undertaken as part of the project, including the following—

Reg. 6
(3)(d)(i)–(iii) revoked by S.R. No. 175/2018 reg. 6(4).

(iv) the service or services affected;

(v) energy sources affected, such as electricity, natural gas, LPG or renewable;

Reg. 6(3)(d)(vi) revoked by S.R. No. 82/2025 reg. 7(3)(c).

Reg. 6
(3)(d)(vii) amended by S.R. No. 145/2018 reg. 49(1), substituted by S.R. No. 175/2018 reg. 6(5), revoked by S.R. No. 82/2025 reg. 7(3)(c).

(e) a nominated project name;

Reg. 6(3)(f) amended by S.R. No. 82/2025 reg. 7(3)(d).

(f) an undertaking in the form specified by the ESC under regulation 15(1)(a)(iii) that the project is not undertaken to comply with energy efficiency or greenhouse gas emissions requirements in any minimum standard or mandatory requirement under any legislation, excluding requirements for disclosure of energy efficiency or greenhouse gas emissions performance.

Reg. 6(3A) inserted by S.R. No. 175/2018 reg. 6(6), substituted by S.R. No. 82/2025 reg. 7(4).

(3A) The information and documents required to be included under subregulation (2)(b)(iii) are the following—

(a) for a BR project, a nomination of a benchmark administrator for the project;

(b) for an SMM project, a nomination of a specified measurement method to be used to calculate the reduction in greenhouse gases;

(c) for an advanced MV project, a document which describes the type of appliances, the end use services and the building type for the project;

(d) for all projects other than a BR project—

(i) if any lighting equipment is removed in carrying out the activity, an undertaking in the form specified by the ESC under regulation 15(1)(a)(i); and

(ii) if any lighting equipment is to be installed in carrying out the activity, an undertaking in the form specified by the ESC under regulation 15(1)(a)(iv).

(4) The ESC may grant or refuse a scoping approval.

Reg. 6(4A) inserted by S.R. No. 175/2018 reg. 6(7), substituted by S.R. No. 82/2025 reg. 7(5).

(4A) The ESC must not grant a scoping approval unless—

(a) the application has nominated an activity prescribed by regulation 5; and

(b) for a BR project, the premises where the project will be undertaken are of the type for which the administrator is approved to administer a benchmarking process; and

(c) for an SMM project, the kinds of activities to be undertaken as part of the project are of a type which has a specified measurement method.

Reg. 6(5) substituted by S.R. No. 175/2018 reg. 6(8).

(5) Except in the circumstances specified in subregulation (5A), the ESC must not grant a scoping approval if work for the purposes of the project has commenced at the premises where the project will be undertaken.

Reg. 6(5A) inserted by S.R. No. 175/2018 reg. 6(9).

(5A) The circumstances in which the ESC may grant a scoping approval in respect of a project despite work having commenced at the premises where the project will be undertaken are where—

Reg. 6(5A)(a) substituted by S.R. No. 82/2025 reg. 7(6).

(a) the application for the scoping approval includes a nomination under subregulation (3A) and the work did not commence before the application was submitted; or

Reg. 6(5A)(b) substituted by S.R. No. 82/2025 reg. 7(6).

(b) an application has been made under regulation 9A(1) to transfer the project to an incoming accredited person.

(6) For the purposes of determining whether work for the purposes of the project has commenced, the ESC may disregard the following activities that have been, or are being, undertaken in relation to the project—

(a) conducting a feasibility study for the project;

(b) planning or designing the project;

(d) obtaining consents relating to the project;

(e) obtaining advice relating to the project;

(f) conducting negotiations relating to the project;

(g) measurement or analysis to establish a baseline energy model as defined by the Secretary under regulation 18(1)(a) for the project, including the installation or modification of metering equipment;

(h) an activity required to support the application for scoping approval;

Reg. 6(6)(i) amended by S.R. No. 175/2018 reg. 6(10).

(i) an activity that is ancillary or incidental to any of the above activities;

Reg. 6(6)(j) inserted by S.R. No. 175/2018 reg. 6(11).

(j) calculating the benchmark rating for the baseline period, as defined by the Secretary under regulation 18(1)(i), using a benchmark process.

(7) For the purposes of subregulation (5), the following activities are examples of when work has commenced—

(a) installing or modifying an asset, other than for the purposes of metering, that is for use wholly or mainly for the purposes of the project;

(b) commencing construction work for the purposes of the project.

(8) The ESC may grant a scoping approval if it is satisfied that—

(a) the project will be undertaken at—

(i) a business premises or a non-residential premises; or

Reg. 6(8)(a)(ii) amended by S.R. No. 82/2025 reg. 7(7).

(ii) a building classified under Part A6 of the Building Code as Class 2 or Class 3 if the project does not relate to services supplied exclusively to a sole-occupancy; and

(b) the project described in the application, if undertaken, will reduce greenhouse gas emissions; and

(c) the project does not propose to reduce greenhouse gas emissions by reducing production capacity or by reducing service levels, except if service levels are being reduced to correct over-servicing.

(9) The ESC may require that an applicant for a scoping approval—

(a) provide further information in relation to the application; or

(b) facilitate an inspection, by a staff member of the ESC or a representative of the ESC nominated by the ESC, of the premises where the project will be undertaken.

(10) The ESC must determine an application for a scoping approval—

(a) within the period of 60 days after the day the ESC receives the application; or

(b) if, before the end of that period, the ESC requires the applicant to give further information in relation to the application, within the period of 60 days after the applicant gave the ESC the information.

(11) As soon as practicable after granting or refusing the application, the ESC must notify the applicant in writing of the ESC's decision.

7 Project plan approval

(1) An accredited person may apply to the ESC for a project plan approval in respect of a project that is—

(a) the subject of a current scoping approval; or

(b) the subject of an application for a scoping approval.

Note

Applications for scoping and project plan approval may be made at the same time.

Reg. 7(2) substituted by S.R. No. 175/2018 reg. 7(1).

(2) The application must—

(a) be in the manner and form specified by the ESC under regulation 15(1)(b); and

(b) include the information and documents specified by the ESC under regulation 15(1)(b); and

Reg. 7(2)(c) revoked by S.R. No. 82/2025 reg. 8(1).

Reg. 7(2)(d) amended by S.R. No. 82/2025 reg. 8(2).

(d) if the application is in respect of an MV project other than an advanced MV project, include the information and documents specified in regulation 7A(2);
and

(e) be accompanied by any relevant fee fixed under section 73 of the Act.

Reg. 7(3) revoked by S.R. No. 175/2018 reg. 7(2).

(4) The ESC must determine an application for a project plan approval—

(a) within the period of 180 days after the day the ESC receives the application; or

(b) if, before the end of that period, the ESC requires the applicant to give further information in relation to the application, within the period of 180 days after the applicant gave the ESC the information.

(5) The ESC may grant or refuse a project plan approval.

(6) The ESC must not grant a project plan approval—

(a) in respect of a project unless there is also a scoping approval for that project; or

(b) in respect of a project where the application for project plan approval was received after the implementation start time of the project.

(7) The ESC may grant a project plan approval if it is satisfied that the application has demonstrated that the applicant holds or can access the knowledge, skills or capacity to deliver the project described in the application.

(8) As soon as practicable after granting or refusing the application, the ESC must notify the applicant in writing of the ESC's decision.

Reg. 7A inserted by S.R. No. 175/2018 reg. 8, revoked by S.R. No. 82/2025 reg. 9.

8 Scoping approval and project plan approval variations

(1) An accredited person may apply to vary—

(a) a scoping approval; or

(b) a project plan approval; or

(2) The application must be—

(a) in the manner and form and contain information and documents specified by the ESC under regulation 15(1)(c); and

(b) accompanied by any relevant fee fixed under section 73 of the Act.

(3) The ESC may approve an application under subregulation (1) if it is satisfied as to the following—

(a) the address of the premises where the project will be undertaken has not changed;

Reg. 8(3)(b) substituted by S.R. Nos 175/2018 reg. 9, 82/2025 reg. 10(1).

(b) if—

(i) the project is an MV project including, but not limited to, an advanced MV project; and

(ii) the scope of the service or services as described under regulation 6(3)(d)(iv) or scope of the energy sources as described under regulation 6(3)(d)(v) is being varied—

the work for the purposes of the project under the varied scope of the service or services or scope of the energy sources has not yet commenced;

Reg. 8(3)(c)(d) revoked by S.R. No. 82/2025 reg. 10(2).

(e) the application has demonstrated that the applicant holds or can access the knowledge, skills or capacity to deliver the project described in the application.

(4) As soon as practicable after granting or refusing the application, the ESC must notify the applicant in writing of the ESC's decision.

9 Cancel and relinquish

(1) The ESC may cancel a project plan approval, by instrument in writing, following 28 days' written notice of the ESC's intention to cancel the approval.

(2) The notice must request reasons why the approval should not be cancelled.

(3) The ESC may cancel the approval at the end of the 28 days if the ESC is satisfied that there has been an unreasonable delay in the work commencing to undertake the activities specified in the application for project plan approval.

(4) An accredited person may apply in writing to relinquish a project plan approval.

(5) As soon as practicable after granting or refusing the application, the ESC must notify the applicant in writing of the ESC's decision.

(6) A project plan that has been cancelled or relinquished cannot be varied.

Reg. 9(7) amended by S.R. No. 82/2025 reg. 11.

(7) The ESC must update the register of approved projects if the project plan approval has been cancelled or relinquished.

Reg. 9A inserted by S.R. No. 82/2025 reg. 12.

9A Transfer of project

(1) A consumer of electricity or gas may apply to the ESC to transfer a project to a different accredited person.

(2) The application must—

(a) nominate an accredited person who is not listed in the scoping plan or project plan for the project and to whom the project will be transferred; and

(b) include the documents specified in subregulation (3).

(3) The following documents are specified—

(a) a written request to the ESC to transfer the project to an incoming accredited person;

(b) written consent by the incoming accredited person for the project to be transferred to that accredited person;

(c) evidence that the consumer of electricity or gas has provided the accredited person who is currently listed in the scoping plan or project plan for the project—

(i) notice that the consumer of electricity or gas intends to transfer the project to another accredited person; and

(ii) a period of 30 days to respond to the notice provided under subparagraph (i).

(4) The ESC may grant or refuse an application under subregulation (1).

(5) As soon as practicable after granting or refusing an application under subregulation (1), the ESC must, in writing, notify the consumer of gas or electricity of the ESC's decision.

Part 3—Methods and variables

Reg. 10 substituted by S.R. No. 175/2018 reg. 10.

10 Method and variables

For the purposes of section 18(2) of the Act, the method and variables to be used to calculate the carbon dioxide equivalent of greenhouse gases to be reduced by an activity prescribed by regulation 5 are those specified by the Secretary under regulation 18(1)(da).

11 Project impact report

Reg. 11(1) substituted by S.R. No. 82/2025 reg. 13(1).

(1) An accredited person may apply to the ESC for approval of a project impact report if—

(a) for an MV project other than an advanced MV project, a project plan approval has been received for that project; or

(b) for an SMM project, a BR project or an advanced MV project, a scoping approval has been received for that project.

Reg. 11(2) substituted by S.R. No. 175/2018 reg. 11(1).

(2) An application must—

(a) be in the manner and form specified by the ESC under regulation 15(1)(f); and

(b) include the information and documents specified by the ESC under regulation 15(1)(f); and

Reg. 11(2)(d) amended by S.R. No. 82/2025 reg. 13(2).

(d) if the application is in respect of an MV project or an SMM project, include the information and documents specified in regulation 11A(2);
and

(e) if the application is in respect of a BR project, include the documents specified in regulation 11A(3); and

(f) be accompanied by any relevant fee fixed under section 73 of the Act.

Reg. 11(3) amended by S.R. No. 145/2018 reg. 49(1), revoked by S.R. No. 175/2018 reg. 11(2).

(4) The ESC may require the accredited person to provide further information in relation to the application or to facilitate an inspection of the premises where the project is undertaken.

(5) The ESC must determine an application for approval of a project impact report—

(a) within the period of 120 days after the day the ESC receives the application; or

(b) if, before the end of that period, the ESC requires the applicant to give further information in relation to the application, within the period of 120 days after the day the applicant gave the ESC the information.

Reg. 11(6) substituted by S.R. No. 175/2018 reg. 11(3).

(6) The ESC may approve a project impact report on an application under subregulation (1) if the ESC is satisfied that the project impact report demonstrates a reasonably accurate and reliable calculation of the carbon dioxide equivalent of greenhouse gases to be reduced by the project.

Reg. 11(6A) inserted by S.R. No. 175/2018 reg. 11(4).

(6A) In determining whether to approve a project impact report on an application in respect of an MV project, the ESC must have regard to the report from the approved Measurement and Verification Professional that is included with the application.

Reg. 11(7) amended by S.R. No. 175/2018 reg. 11(5).

(7) If the ESC believes on reasonable grounds that the accredited person has breached an undertaking made under regulation 6(3)(d)(vi), (vii) or (3)(f), the ESC must issue the accredited person with a notice.

(8) Despite subregulation (6), the ESC may not approve a project impact report if it has issued a notice under subregulation (7).

Reg. 11A inserted by S.R. No. 175/2018 reg. 12.

11A Information and documents required in an application for approval of a project impact report

(1) The information and documents required, under regulation 11(2)(c), to be included with an application for approval of a project impact report are the following—

(a) a project impact report that—

(i) complies with the regulations and with the ESC guidelines; and

(ii) includes the matters specified by the Secretary under regulation 18(1)(e); and

(iii) includes the method and variables that are specified by the Secretary as applicable to the type of project under regulation 18(1A)(a); and

(iv) includes the values for the variables specified by the Secretary in accordance with regulation 18(1A)(b); and

(v) sets out the calculation under section 18(2) of the Act in respect of the project;

Reg. 11A(1)(b) substituted by S.R. No. 82/2025 reg. 14.

(b) if the application is in respect of an MV project or an SMM project—

(i) if any lighting equipment was removed in carrying out the project, evidence that that lighting equipment was decommissioned; and

(ii) if any lighting equipment was installed in carrying out the project, evidence that that lighting equipment is listed on the register kept by the ESC in accordance with regulation 29 of the Victorian Energy Efficiency Target Regulations 2018[1].

Reg. 11A(1)(c) revoked by S.R. No. 82/2025 reg. 14.

(2) The information and documents required, under regulation 11(2)(d), to be included with an application for approval of a project impact report in respect of an MV project are the following—

(a) a project impact report that is consistent with the measurement and verification plan submitted with the project plan approval;

(b) a report from an approved Measurement and Verification Professional that advises that the project impact report—

(i) complies with the regulations and with the ESC guidelines; and

(ii) is consistent with the measurement and verification plan submitted with the project plan approval;

(c) a declaration from the approved Measurement and Verification Professional that they are independent from the project, in accordance with the requirements specified by the ESC under regulation 15(1)(h).

(3) The documents required, under regulation 11(2)(e), to be included with an application for approval of a project impact report in respect of a BR project are the following—

(a) a document produced by the benchmark administrator in respect of the baseline period, as defined by the Secretary under regulation 18(1)(i), that—

(i) specifies the address of the premises where the project will be undertaken; and

(ii) includes the information specified in subregulation (4) in respect of the baseline period;

(b) a document produced by the benchmark administrator in respect of the reporting period, as defined by the Secretary under regulation 18(1)(i), that—

(i) specifies the address of the premises where the project will be undertaken; and

(ii) includes the information specified in subregulation (4) in respect of the reporting period.

(4) The information to be included in the benchmark administrator's document in respect of a particular period is the following—

(a) the benchmark rating produced for that period by the nominated benchmark administrator;

(b) the variables used to calculate the benchmark rating;

(d) the start and end date of the period;

(e) details of the electricity and gas consumption for that period at the premises;

(f) details of any purchases of GreenPower Products in respect of that period.

12 When a certificate may not be created

For the purposes of section 17(3)(d) of the Act, an accredited person cannot create a certificate with respect to a prescribed activity if the ESC has issued a notice under regulation 11(7) that an undertaking was breached.

13 Time at which prescribed activity is undertaken and reduction in greenhouse gas emissions occurs

(1) For the purposes of section 17(1) of the Act, a prescribed activity is to be taken to have been undertaken at the time specified by the Secretary under regulation 18.

(2) For the purposes of section 17(2) of the Act, the reduction in greenhouse gas emissions is to be taken to have occurred at the time specified by the Secretary under regulation 18.

14 Conditions and circumstances under which a certificate cannot be created

For the purposes of section 17(3)(d) of the Act—

(a) the Secretary may specify, under regulation 18, the conditions and circumstances under which a certificate cannot be created; and

(b) despite paragraph (a), a certificate cannot be created in respect of a reduction in greenhouse gas emissions if a valid certificate has previously been created in respect of that reduction.

Part 4—ESC functions

15 Matters to be specified by the ESC

(1) The ESC may specify the following—

(a) the manner and form and information and documents to be included in an application for a scoping approval, including the form of an undertaking regarding the following—

(i) lighting equipment to be removed and decommissioned;

Reg. 15(1)(a)(ii) amended by S.R. No. 145/2018 reg. 49(1).

(ii) lighting equipment to be installed that is listed on the register kept by the ESC in accordance with regulation 29 of the Victorian Energy Efficiency Target Regulations 2018;

(iii) that the project is not undertaken to comply with energy efficiency or greenhouse gas emissions requirements in any minimum standard or mandatory requirement under any legislation;

Reg. 15(1)(a)(iv) inserted by S.R. No. 175/2018 reg. 13.

(iv) that a person will not create a certificate in respect of a project that involves the installation of lighting equipment unless and until that lighting equipment is listed on the register kept by the ESC in accordance with regulation 29 of the Victorian Energy Efficiency Target Regulations 2018;

(b) the manner and form and information and documents to be included in an application for a project plan approval, including the manner and form of a measurement and verification plan;

(c) the manner and form and information and documents to be included in an application for a variation to a scoping approval or a project plan approval or both a scoping approval and a project plan approval;

(d) the requirements regarding competence and experience that must be met before a person may be registered as an approved Measurement and Verification Professional;

(e) the manner and form and information and documents to be included in an application to be registered as an approved Measurement and Verification Professional;

(f) the manner and form and information and documents to be included in an application for approval of a project impact report;

(g) the form of undertaking by an applicant for an approved Measurement and Verification Professional to avoid conflicts;

(h) the declaration requirements regarding independence that must be met by an approved Measurement and Verification Professional providing an assessment of a project impact report for a specific project.

(2) The ESC must take reasonable steps to ensure that the information referred to in subregulation (3) is published on the ESC's Internet site.

(3) For the purposes of subregulation (2), the information the ESC must publish is the following—

(a) the manner and form and information and documents specified by the ESC under subregulation (1)(a), of an application for a scoping approval;

(b) the manner and form and information and documents specified under subregulation (1)(b), of an application for a project plan approval including a measurement and verification plan;

(c) the manner and form and information and documents specified under subregulation (1)(c), of an application for a variation to a scoping approval or a project plan approval or both a scoping approval and a project plan approval;

(d) the manner and form and information and documents specified under subregulation (1)(d) and (e), of an application for registration as an approved Measurement and Verification Professional;

(e) the manner and form and information and documents specified under subregulation (1)(f), of an application for a project impact report;

(f) the form of undertaking specified under subregulation (1)(g) by an applicant for an approved Measurement and Verification Professional;

(g) the declaration requirements specified under subregulation (1)(h), of an approved Measurement and Verification Professional providing an assessment of a project impact report.

Note

The relevant fees must be published in the Government Gazette and on the Internet site of the ESC in accordance with section 73 of the Act.

Reg. 16 (Heading) amended by S.R. No. 82/2025 reg. 15(1).

16 Public register of approved projects

Reg. 16(1) amended by S.R. No. 82/2025 reg. 15(2).

(1) The ESC must maintain a register of approved projects.

Reg. 16(2) amended by S.R. No. 82/2025 reg. 15(3)(a).

(2) The register of approved projects must contain the following—

Reg. 16(2)(a) substituted by S.R. No. 82/2025 reg. 15(3)(b).

(a) the name of each project that has—

(i) received project plan approval; or

(ii) if the project does not require a project plan approval, received project impact report approval;

(b) the name of each accredited person for each project;

(d) the method or methods intended to be used to calculate the reduction in greenhouse gases;

(e) any other information that the ESC considers appropriate.

Reg. 16(3) substituted by S.R. No. 82/2025 reg. 15(4).

(3) The ESC may vary details in the register—

(a) to reflect any variation approved under regulation 8(3); or

(b) to update the register in accordance with regulation 9(7) that a project plan approval has been cancelled or relinquished.

17 Approved Measurement and Verification Professional

(1) A person may apply to the ESC to be registered as an approved Measurement and Verification Professional.

(2) The application must be—

(a) in the manner and form and contain information and documents specified under regulation 15(1)(e); and

(b) accompanied by any relevant fee fixed under section 73 of the Act; and

(3) The ESC may approve a person under this regulation to be registered as an approved Measurement and Verification Professional if the ESC is satisfied that the person—

Reg. 17(3)(a) amended by S.R. No. 82/2025 reg. 16.

(a) is currently certified by the Association of Energy Engineers as a Certified Measurement and Verification Professional or by the Energy Efficiency Council as a Performance Measurement and Verification Analyst; and

(b) meets the requirements relating to competence and experience in measurement and verification set by the ESC under regulation 15(1)(d).

(4) The ESC must publish a register of persons approved under subregulation (3).

(5) The ESC may remove a person from the register under the following circumstances—

Reg. 17(5)(a) amended by S.R. No. 82/2025 reg. 16.

(a) the person's certification by the Association of Energy Engineers as a Certified Measurement and Verification Professional or by the Energy Efficiency Council as a Performance Measurement and Verification Analyst is suspended or has expired;

(b) the person no longer meets the requirements relating to competence and experience in measurement and verification specified by the ESC under regulation 15(1)(d);

(6) The ESC must give 28 days' written notice of the ESC's intention to remove a person from the register.

(7) The notice must request reasons why the ESC should not remove the person from the register.

(8) A person removed from the register under this regulation is no longer an approved Measurement and Verification Professional.

Reg. 17A inserted by S.R. No. 175/2018 reg. 14.

17A Benchmark administrator

(1) The Secretary may approve a person to administer, for the purposes of these Regulations, a benchmark process in relation to premises of a specified type if the Secretary is satisfied that—

(a) the person administers a benchmark process that—

(i) is suitable for that type of premises; and

(ii) is explained in documents published on a website and available free of charge; and

(b) the person provides an electronic mechanism for calculating the maximum energy that the type of premises that the person is approved for can consume for a given benchmark rating; and

(d) the person undertakes audits of the benchmark ratings produced using the process referred to in paragraph (a).

(2) The Secretary must publish and keep a list of benchmark administrators.

(3) The list of benchmark administrators must include the following information for each benchmark administrator—

(a) the name of the benchmark administrator;

(b) the type of premises for which the benchmark administrator is approved to administer a benchmark process.

Part 5—Secretary's functions

18 Matters to be specified by the Secretary

(1) The Secretary may specify the following—

(a) for the purposes of regulation 6(6)(g), a definition of a baseline energy model;

Reg. 18(1)(b) amended by S.R. No. 175/2018 reg. 15(1).

(b) for the purposes of regulation 7A(2)(b), the description to be included in the application for project plan approval of the methods intended to be used to calculate the reduction in greenhouse gases as one of—

(i) a forward projection of savings using a baseline energy model and operating energy model; or

(ii) annual reporting of savings using a baseline energy model and measured energy consumption; or

(iii) a combination of the methods described in subparagraphs (i) and (ii), comprising a forward projection followed by annual reporting of savings;

Reg. 18(1)(ba) inserted by S.R. No. 82/2025 reg. 17.

(ba) a definition of advanced measurement and verification;

Reg. 18(1)(c) amended by S.R. No. 175/2018 reg. 15(2).

Reg. 18(1)(d) amended by S.R. No. 175/2018 reg. 15(3).

(d) for the purposes of regulation 7A(2)(d)(ii) and (iii), a definition of an operating period start and end date;

Reg. 18(1)(da) inserted by S.R. No. 175/2018 reg. 15(4).

(da) for the purposes of regulation 10, the method and variables to be used to calculate the carbon dioxide equivalent of greenhouse gases to be reduced by an activity prescribed by regulation 5;

Reg. 18(1)(e) amended by S.R. No. 175/2018 reg. 15(5).

(e) for the purposes of regulation 11A(1)(a)(ii), the matters to be included in a project impact report;

Reg. 18(1)(f) revoked by S.R. No. 175/2018 reg. 15(6).

(g) the time at which the prescribed activity is undertaken and reduction in greenhouse gas emissions occurs for the purposes of regulation 13 and section 17(1) and (2) of the Act;

Reg. 18(1)(h) amended by S.R. No. 175/2018 reg. 15(7).

(h) the conditions and circumstances under which a certificate cannot be created for the purposes of regulation 14 and section 17(3)(d) of the Act;

Reg. 18(1)(i) inserted by S.R. No. 175/2018 reg. 15(8).

(i) for the purposes of regulations 6(6)(j) and 11A(3), the definition of the baseline period and the reporting period for benchmark ratings.

Reg. 18(1A) inserted by S.R. No. 175/2018 reg. 15(9).

(1A) The specification of method and variables under subregulation (1)(da) may provide for the following—

(a) different methods and variables that are applicable to different types of projects;

(b) variables the values for which are required to be included with an application for approval of a project impact report;

Reg. 18(2) amended by S.R. No. 175/2018 reg. 15(10).

(2) The specifications referred to in subregulation (1)—

Reg. 18(2)(a)(b) revoked by S.R. No. 175/2018 reg. 15(11).

(c) may apply, adopt or incorporate, with or without modification, the provisions of any Act or of any regulations made under any Act as in force at a particular time specified by the Secretary; and

(d) may apply, adopt or incorporate, with or without modification, any matter specified by the Secretary contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—

(i) as formulated, issued, prescribed or published at the time when the Secretary specifies the matter; or

(ii) as formulated, issued, prescribed or published from time to time.

(3) The Secretary must take reasonable steps to ensure that the matters referred to in subregulation (1) are published in the Government Gazette and on the Department's Internet site.

Pt 6
(Heading and regs 19–22) revoked by S.R. No. 145/2018 reg. 49(2).

═════════════

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017, S.R. No. 46/2017 were made on 14 June 2017 by the Governor in Council under section 75 of the Victorian Energy Efficiency Target Act 2007, No. 70/2007 and came into operation on 19 June 2017: regulation 3.

The Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017 will sunset 10 years after the day of making on 14 June 2027 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Victorian Energy Efficiency Target Regulations 2018, S.R. No. 145/2018

Date of Making:	2.10.18
Date of Commencement:	Reg. 49 on 10.12.18: reg. 3(1)

Victorian Energy Efficiency Target (Project-Based Activities) Amendment Regulations 2018, S.R. No. 175/2018

Date of Making:	23.10.18
Date of Commencement:	11.12.18: reg. 3

Victorian Energy Efficiency Target (Project-Based Activities) Amendment Regulations 2025, S.R. No. 82/2025

Date of Making:	26.8.25
Date of Commencement:	26.8.25

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

Reg. 11A: S.R. No. 145/2018 as amended by S.R. Nos 145/2018, 142/2020, 97/2021, 153/2021, 171/2021, 37/2022, 93/2022, 25/2023, 60/2023, 26/2024, 109/2024 and 27/2025.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 46/2017 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| --- | --- | --- |
| Regulation 4 | Code of Practice for Timber Production 2014 published by the Department of Environment and Primary Industries under Part 5 of the Conservation, Forests and Lands Act 1987 | Definition of native forest |
| Regulations 4 and 6(8) | Building Code | Clause A3.2—Classifications |
| Regulation 7(3) | EVO 10000—1:2014 International Performance Measurement and Verification Protocol (IPMVP) Core Concepts published by the Efficiency Valuation Organisation in June 2014 | Principles in Chapter 4 |

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 175/2018 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| --- | --- | --- |
| Regulation 5 which amends regulation 4 the Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017 | National GreenPower Accreditation Program: Program Rules Version 10, published by the National GreenPower Steering Group on 9 May 2016 | Meaning of GreenPower Product |
| Regulation 8 which inserts new regulation 7A(2)(a) into the Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017 | EVO 10000—1:2014 International Performance Measurement and Verification Protocol (IPMVP) Core Concepts published by the Efficiency Valuation Organization in June 2014 | Principles in Chapter 4 |

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 82/2025 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2024.

| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| --- | --- | --- |
| Regulation 7(7) which amends regulation 6(8)(a)(ii) of the Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017 | Building Code of Australia comprising Volume One of the National Construction Code 2022 published by the Australian Building Codes Board on 1 May 2023 | Part A6—Building Classification |

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1 Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017

Version No. 004

Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017

S.R. No. 46/2017

Version incorporating amendments as at
26 August 2025

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 2

3 Commencement 2

4 Definitions 2

Part 2—Project-Based Activities 7

5 Prescribed activities 7

6 Scoping approval 8

7 Project plan approval 13

8 Scoping approval and project plan approval variations 15

9 Cancel and relinquish 17

9A Transfer of project 17

Part 3—Methods and variables 19

10 Method and variables 19

11 Project impact report 19

11A Information and documents required in an application for approval of a project impact report 21

12 When a certificate may not be created 24

13 Time at which prescribed activity is undertaken and reduction in greenhouse gas emissions occurs 24

14 Conditions and circumstances under which a certificate cannot be created 25

Part 4—ESC functions 26

15 Matters to be specified by the ESC 26

16 Public register of approved projects 29

17 Approved Measurement and Verification Professional 30

17A Benchmark administrator 31

Part 5—Secretary's functions 33

18 Matters to be specified by the Secretary 33

═════════════

Endnotes 37

1 General information 37

2 Table of Amendments 39

3 Explanatory details 40

Version No. 004

Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017

S.R. No. 46/2017

Version incorporating amendments as at
26 August 2025

Part 1—Preliminary

1 Objectives

The objectives of these Regulations are to—

The Regulations revolve around a handful of distinct legal and technical concepts.

Prescribed activity. An activity is prescribed for the Act where it reduces greenhouse gas emissions that would not otherwise have occurred, and it is carried out in accordance with an approved scoping approval and project plan or scoping approval depending on the project type (reg 5).
Project types. The text recognises at least four project-types by measurement approach:
- MV project. A project using measurement and verification, including standard MV and an "advanced MV project" where an advanced M&V method specified by the Secretary is used (defs in reg 4; reg 5(b)(i) and 5(b)(iv)).
- SMM project. A project that uses a specified measurement method nominated in the scoping approval and specified by the Secretary (defs in reg 4; reg 5(b)(ii); reg 6(3A)(b)).
- BR project. A benchmark-rating project using a benchmark process and a benchmark administrator nominated at scoping approval (defs in reg 4; reg 5(b)(iii); reg 6(3A)(a)).
- Advanced MV project. An MV project using an "advanced measurement and verification" method specified under regulation 18 (defs in reg 4; reg 5(b)(iv)).
Approvals and sequence. Scoping approval is the initial determination that a project, as described, will reduce emissions and meets location and scope tests (reg 6). Project plan approval applies to projects that require a plan (MV projects other than those that do not), and the ESC cannot grant a project plan approval where there is no scoping approval or where the application was received after the implementation start time (reg 7(6)). Project impact report approval is required, and only after ESC approval of the report can certificates be created (reg 11).
Measurement and verification and project impact report. The Act's calculation mechanism is implemented through the Secretary specifying methods and variables, and the project impact report must set out the calculation and include the method and the values for variables (reg 10; reg 11A(1)(a)(iii)-(v)). For MV projects the project impact report must also be accompanied by a report from an approved Measurement and Verification Professional (reg 11(6A); reg 11A(2)).
Registers and public transparency. The ESC maintains registers of approved projects and of approved Measurement and Verification Professionals, and publishes application forms, guidelines and declaration requirements (reg 15; reg 16; reg 17(4)). The register of approved projects contains specified fields including method, location and accredited person (reg 16(2)).
Professional approvals. The ESC approves Measurement and Verification Professionals, requiring current certification by specified bodies and ESC competence thresholds, and may remove persons if certification lapses or undertakings are breached (reg 17).
Benchmarks and benchmark administrators. The Secretary may approve benchmark administrators and publish a list; a benchmark administrator must produce benchmark ratings and supporting documentation for baseline and reporting periods (reg 17A; reg 11A(3)-(4)).
Timing and the point of emission reduction. The Secretary specifies (reg 18) the time at which a prescribed activity is taken to be undertaken and when the emissions reductions are taken to have occurred, and may specify conditions that bar certificate creation (regs 13-14; reg 18(1)(g)-(i)).

The technical delegations are significant. The Secretary may prescribe the methods and variables, baseline and reporting periods, and the time at which an activity or reduction is to be taken to happen, and may adopt or incorporate external standards and documents, with or without modification (reg 18(1), reg 18(2)(c)-(d)). The ESC is the gatekeeper for approvals, the registrar, and the regulator for professional competence and conflicts (reg 15; reg 16; reg 17).

The Regulations create obligations and rights for several identifiable groups.

Accredited persons. The central regulated actor is the "accredited person" who applies for scoping approvals, project plan approvals, and approval of project impact reports, and who creates certificates when the ESC has approved the project impact report. Accredited persons are named in the register of approved projects, and their applications must contain prescribed information and undertakings (regs 6, 7, 11, 16(2)(b)). The Regulations also permit transfer of projects from one accredited person to another on application by a consumer of electricity or gas (reg 9A).
Consumers of electricity or gas who are customers at premises where a project is undertaken. They have the power to apply to the ESC to transfer a project to a different accredited person, and must provide the current accredited person with notice and a period of 30 days to respond (reg 9A(1)-(3)). Consumers are therefore gatekeepers of project transfers.
The Essential Services Commission. The ESC is the decision maker for scoping approvals, project plan approvals, and project impact report approvals, the registrar of projects and M&V professionals, and the administrator of forms and guidance. The ESC sets the manner and form of applications and the competence criteria for M&V professionals (reg 6; reg 7; reg 11; reg 15; reg 16; reg 17).
The Secretary to the Department. The Secretary has a delegated technical role, specifying methods, variables, baseline models, the time points for activities and reductions, conditions preventing certificate creation, definitions of baseline and reporting periods, and approving benchmark administrators (reg 10; reg 18; reg 17A).
Measurement and Verification Professionals. Persons who carry out independent verification must be approved and registered by the ESC. The ESC requires applicants to provide undertakings regarding conflicts, and approved professionals must maintain certification from named bodies such as the Association of Energy Engineers or the Energy Efficiency Council, as specified (reg 17(3)(a)-(b); reg 17(5)(a)-(b); reg 15(1)(d)-(h)).
Benchmark administrators. Where a BR project is used, a nominated benchmark administrator must be approved by the Secretary and be able to produce benchmark ratings and the supporting variables and energy consumption data. The Secretary publishes and keeps a list of approved benchmark administrators (reg 17A; reg 11A(3)-(4); reg 18(1)(i)).
Owners or occupiers of premises. Projects must be undertaken at business or non-residential premises, or in specified Class 2 or 3 residential buildings subject to conditions in reg 6(8)(a). The application must list the premises address (reg 6(3)(b); reg 6(8)(a)). The Regulations require undertakings that the project is not being undertaken to comply with minimum standards or mandatory requirements, so parties who claim compliance with statutory minimums will be excluded (reg 6(3)(f)).
Firms supplying or purchasing GreenPower. Benchmark ratings must be calculated without including energy consumption attributed to purchases of GreenPower Products, because the definition of benchmark process excludes such consumption (definitions in reg 4 and reg 11A(3)(b)(ii); reg 11A(4)(f)).

Secondary affected groups include consultants preparing baseline models and measurement plans, vendors of lighting equipment whose products must be listed on the ESC lighting register for installed lighting to be eligible for certificate creation (reg 11A(1)(b)(ii); reg 15(1)(a)(iv) referencing Victorian Energy Efficiency Target Regulations 2018 reg 29), and professionals who certify M&V competence.

The Regulations allocate duties and powers across applicants, the ESC and the Secretary. Below are the principal duties, rights and procedural timelines, with the specific textual anchors.

Duties on accredited persons and applicants

Apply for scoping approval in the form and manner the ESC specifies, include prescribed information and documents, nominate a prescribed activity and pay any fee fixed under s 73 of the Act (reg 6(1)-(2); reg 15(1)(a); reg 6(3)-(3A)).
Provide specified undertakings, including that the project is not being undertaken to comply with mandatory standards, and undertakings regarding removed or installed lighting equipment where applicable (reg 6(3)(f); reg 6(3A)(d); reg 15(1)(a)(iii)-(iv)).
Apply for project plan approval where required and include a measurement and verification plan if the ESC requires it (reg 7(1)-(2); reg 15(1)(b)).
Apply for approval of a project impact report before creating certificates, in the ESC form and including documents specified by the ESC and the Secretary, including the method and variable values identified under reg 18(1A) and the project impact report content in reg 11A(1)(a)-(v) (reg 11(1)-(2); reg 11A).
For MV projects, include a report and independence declaration from an approved Measurement and Verification Professional (reg 11(6A); reg 11A(2)(b)-(c)).
If seeking to transfer a project, consumers must provide a written request, written consent of the incoming accredited person and evidence that the current accredited person was given 30 days notice to respond (reg 9A(2)-(3)).

Duties and powers of the ESC

Specify application forms, content and competence requirements, publish these items and take reasonable steps to ensure publication on its website (reg 15(1) and (2)-(3)).
Grant, refuse or vary scoping approvals, project plan approvals and approvals of project impact reports within statutory decision timelines (60 days for scoping approvals, 180 days for project plan approvals, 120 days for project impact report approvals) unless further information is requested and the clock is reset (regs 6(10), 7(4), 11(5)).
Require applicants to provide further information and facilitate inspections of premises (regs 6(9); 11(4)).
Not grant scoping approval where work has commenced except in specified circumstances (reg 6(5)-(6)); not grant project plan approval if scoping approval is absent or the application was received after the implementation start time (reg 7(6)).
Issue notices to accredited persons if the ESC believes an undertaking has been breached, and refuse approval of a project impact report where such a notice has been issued (reg 11(7)-(8)). The ESC must update registers when project plan approvals are cancelled or relinquished (reg 9(7); reg 16(3)(b)).
Approve and remove Measurement and Verification Professionals, publish a register, and give 28 days written notice before removal (reg 17(3)-(6)).

Duties and powers of the Secretary

Specify technical matters such as method and variables for CO2-e calculation, baseline energy model definitions, baseline and reporting periods for benchmark ratings, the time at which an activity is taken to be undertaken and when the reduction occurred, and conditions under which a certificate cannot be created (reg 10; reg 18(1)(a), (da), (e), (g), (h), (i)).
Approve benchmark administrators and publish and maintain a list of approved administrators, including the types of premises they may administer and the expectation of audits and electronic calculation mechanisms (reg 17A; reg 18(1)(i)).

Rights and constraints

Applicants have a statutory right to written notification of ESC decisions and have set decision timelines; applicants may apply for scoping and project plan approvals at the same time (regs 6(11); 7(1); 7(4); 11(5)).
The ESC must not grant approvals where statutory conditions are unmet, for example if work has commenced outside permitted activities or scoping approval is absent (reg 6(5); reg 7(6)).
The ESC can cancel project plan approvals after 28 days notice where there has been unreasonable delay in commencing the approved work, and the accredited person is asked to give reasons why approval should not be cancelled (reg 9(1)-(3)).
The Regulations bar certificate creation if a prior valid certificate exists for the same reduction and where the Secretary has specified other conditions, and they make certificate creation contingent on ESC approval of the project impact report (regs 11(6)-(8); regs 12-14).

Procedural timelines and administrative thresholds are central duties and rights mechanisms. Fees for applications are referenced and must be fixed under section 73 of the Act and published (reg 6(2)(d); reg 7(2)(e); reg 15 note).

The Regulations do not create new criminal offences or specify pecuniary penalties in the text provided, but they instantiate administrative enforcement mechanisms and preclusionary consequences that directly affect the economic value of projects.

Administrative enforcement tools and consequences in the Regulations

Refusal and withholding of approvals. The ESC may refuse to grant scoping approvals, project plan approvals and approval of project impact reports if statutory conditions are not met, if required information is not supplied, or if the ESC is not satisfied about competence or independence (regs 6(4); 7(5)-(7); 11(6)-(6A)). A refusal to approve a project impact report prevents certificate creation, which is the core commercial outcome for proponents.
Notices and bar on certificate creation. If the ESC believes there has been a breach of undertakings made in applications (for example undertakings about lighting equipment or that the project is not being undertaken to comply with mandatory requirements), it must issue a notice under reg 11(7) and may then refuse to approve a project impact report under reg 11(8). Regulation 12 explicitly prevents an accredited person from creating a certificate where the ESC has issued such a notice.
Cancellation and relinquishment. The ESC can cancel a project plan approval after 28 days notice if there has been an unreasonable delay in commencing work, and must request reasons why the approval should not be cancelled (reg 9(1)-(3)). A cancelled or relinquished project plan cannot be varied and the ESC must update the register (reg 9(6)-(7)).
Removal of approved professionals. The ESC may remove an approved Measurement and Verification Professional from the register where certification has lapsed or been suspended, where competence criteria are no longer met, or where undertakings have been breached. Removal follows 28 days written notice and the opportunity to provide reasons (reg 17(5)-(8)).
Inspections and information demands. The ESC may require applicants to provide further information and to facilitate inspections of premises where projects will be undertaken (reg 6(9); reg 11(4)).

Indirect sanctions

Prevention of certificate creation is the principal economic sanction. The Regulations tightly link certificate creation to ESC approval of project impact reports, the existence of valid approvals and compliance with undertakings and Secretary specifications. By conditioning certificates on those approvals, the Regulations affect the accredited person’s ability to monetise a project through certificate creation (reg 5; reg 11; regs 12-14).
The ESC’s power to publish and update registers, and to maintain public lists of approved projects and M&V professionals, imposes reputational effects and transparency-based enforcement. The register fields include names of projects, accredited persons, methods and locations (reg 16(2)).

Procedural protections

Notice and opportunity to be heard. The ESC must give written notice and request reasons before cancelling project plan approvals or removing M&V professionals from the register, giving 28 days to respond (regs 9(1)-(2); 17(6)-(7)).
Decision timeframes. Statutory decision timelines (60, 180, 120 days) create an administrative predictability that functions as a procedural right for applicants (regs 6(10); 7(4); 11(5)).

What the Regulations do not do, by text

They do not themselves specify criminal penalties or punitive fines. Any criminal or civil penalties for non-compliance with the Act are to be located in the parent Act (the Regulations refer to the Act for the overarching regime; reg 2).
They do not prescribe an internal appeal mechanism against ESC decisions within the Regulations text. The text requires notification of decisions and sets timelines for reasons, but any appeal or review mechanism would be provided by the Act or general administrative law remedies, not by these Regulations directly.

In short, enforcement is primarily administrative, with the key enforcement lever being approval or non-approval of project impact reports and the consequential ability to create certificates. The ESC and the Secretary are the operative enforcers through approvals, registers, notices and removal from professional registers.

The Regulations are an instrument under the Victorian Energy Efficiency Target Act 2007 and interface with multiple statutory and non-statutory instruments. The principal interactions specified in the Regulations are as follows.

Interaction with the Victorian Energy Efficiency Target Act 2007

The Regulations are made under section 75 of the Act and implement the Act’s scheme for project-based activity certification and certificate creation. Several provisions cross-reference the Act, for example the certificates creation rules in sections 17 and 18 of the Act are implemented and fleshed out by the Regulations (reg 5; regs 10-14; reg 18).

Interaction with building and forestry legislation and codes

Building Code of Australia. The Regulations reference the Building Code for premises classification and limit projects in certain building classes unless the project does not relate to services supplied exclusively to a sole-occupancy. The Building Code is adopted, including Part A6 building classifications, for the purposes of determining eligible premises (reg 4 definition of Building Code; reg 6(8)(a); explanatory table of incorporated matter).
Code of Practice for Timber Production 2014. The definition of "native forest" is taken from that Code, impacting the definition of renewable energy where wood waste from native forests is treated specially (reg 4; explanatory table).

Interaction with other VEET regulations and registers

Victorian Energy Efficiency Target Regulations 2018. The Regulations reference the lighting register kept under regulation 29 of the Victorian Energy Efficiency Target Regulations 2018, making the inclusion of installed lighting on that register a precondition for creating certificates for some projects (reg 11A(1)(b)(ii); reg 15(1)(a)(ii)-(iv)). The ESC is required to publish forms referencing that register and to ensure undertakings are provided.

Interaction with national and industry standards and external documents

The Secretary and ESC may adopt, apply or incorporate documents, standards, codes or methods, with or without modification, and may do so as framed at the time of specification or as updated from time to time. This permits dynamic incorporation of technical standards such as the EVO IPMVP Core Concepts and National GreenPower Program rules (reg 18(2)(c)-(d); explanatory tables identify adoption of EVO IPMVP and National GreenPower Program rules).
The Regulations specify that "GreenPower Product" has the same meaning as in the National GreenPower Accreditation Program: Program Rules Version 10, and expressly exclude GreenPower-related energy from benchmark calculations, which prevents double-counting where GreenPower has been purchased (reg 4; reg 11A(3)(b)(ii); explanatory table).

Administrative law and public registers

The ESC must publish specified application forms, competence requirements and declaration requirements and take reasonable steps to publish them on its internet site, thereby creating publicly accessible administrative requirements and transparency (reg 15(1)-(3)).
The Secretary must publish specifications in the Government Gazette and on the Department's internet site, including methods and variables and the time points for activity and reduction events (reg 18(3)).

Fees and financial interactions

Application fees must be fixed under section 73 of the Act and published. The Regulations reference these fees for scoping applications, project plan approvals and project impact report approvals (reg 6(2)(d); reg 7(2)(e); reg 11(2)(f); reg 15 note).

Sunsetting and subordinate legislation rules

The endnotes record that the Statutory Rule will sunset 10 years after making under the Subordinate Legislation Act 1994 unless otherwise provided. The Regulations also incorporate interpretative rules from the Interpretation of Legislation Act 1984 about headings, examples and punctuation (endnote 1).

In practice, project proponents must navigate a web of technical, administrative and sectoral instruments. The Regulations expressly authorise the ESC and the Secretary to adopt or incorporate external documents and standards, and they reference specific other instruments that directly affect eligibility and measurement. That makes the project approvals process dependent on external standards and registers, and requires proponents to account for those instruments when preparing applications.

The Regulations as presented incorporate several statutory rule amendments up to S.R. No. 82/2025. The endnotes and in-text marginal notes identify the primary amending instruments and the discrete changes they made. Below is a chronological synthesis of the changes recorded in the text and endnotes.

Original making and commencement

SR No. 46/2017 made on 14 June 2017 and in operation from 19 June 2017, under s 75 of the Act. The endnotes explain the Rule will sunset 10 years after making (endnote 1; reg 3).

Notable amending instruments recorded in the table of amendments

Victorian Energy Efficiency Target Regulations 2018, S.R. No. 145/2018 (made 2 October 2018). This instrument made targeted changes and is referenced in multiple marginal notes as amending definitions and other provisions, including changes to reg 6(3)(d)(vii) and reg 15(1)(a)(ii). The applied or incorporated matter table in the endnotes shows that the Building Code and EVO IPMVP concepts were incorporated through the 2018 work.
Victorian Energy Efficiency Target (Project-Based Activities) Amendment Regulations 2018, S.R. No. 175/2018 (made 23 October 2018, commenced 11 December 2018). This amending rule inserted several new concepts and new provisions, including:
- Inserting definitions and new project types such as BR projects and MV projects clarifications, and adding reg 11A (the detailed list of project impact report contents) and reg 17A (benchmark administrator).
- Substituting reg 10 so that the Secretary specifies method and variables (reg 10 substituted by S.R. No. 175/2018 reg 10).
- Adding reg 18(1)(da) and reg 18(1A), authorising the Secretary to specify methods and variables and allowing differentiation by project type (reg 18(1)(da); reg 18(1A)).
- The explanatory details list a number of operational incorporations including IPMVP and the National GreenPower rules as applied or adopted.
Victorian Energy Efficiency Target (Project-Based Activities) Amendment Regulations 2025, S.R. No. 82/2025 (made and commenced 26 August 2025). The 2025 amending rule made widespread substitutions and insertions, reflected across definitions and procedural provisions, including:
- Substituting reg 5 (prescribed activities) and adding definitions such as advanced measurement and verification, advanced MV project, specified measurement method, incoming accredited person and SMM project. These insertions broadened the types of projects and clarified new categories.
- Inserting reg 9A, providing for transfer of projects to a different accredited person at the request of a consumer of electricity or gas, and prescribing documentation and process (reg 9A inserted by S.R. No. 82/2025 reg 12).
- Amending reg 6 to add new subregulations and adjustments to what information is required and to expand exceptions on when work is treated as having commenced.
- Amending reg 11 and reg 11A to adjust the project impact report application requirements and the supporting evidence required.
- Making multiple small edits to reg 15 and 16 about ESC specification and the register of approved projects.

What the amendments changed functionally

The 2018 amendments (S.R. No. 175/2018) formalised benchmark-based projects and introduced the benchmark administrator concept and a structured approach to methods and variables to be specified by the Secretary, broadening the measurement frameworks available for project proponents (regs 11A; 17A; 18(1)(da); explanatory table).
The 2025 amendments (S.R. No. 82/2025) created newer project types, clarified benchmarking and specified measurement options, introduced transfer mechanics allowing consumers to change accredited persons, and added advanced M&V concepts. These amendments altered eligibility and application contents, and they appear to respond to operational experience by adding transfer processes and further technical delegation to the Secretary and ESC (see many marginal notes throughout regs 4-18).

Other technical incorporations

The Explanatory details and the Table of Applied, Adopted or Incorporated Matter identify explicitly which external standards are referenced as applied, adopted or incorporated, including National GreenPower Accreditation Program rules and the EVO IPMVP Core Concepts. The 2025 amendments also reference the Building Code of Australia Volume One 2022 as applied in reg 6(8)(a)(ii).

Overall, the amendment history recorded in the instrument shows an iterative process of expansion and technical refinement: initial project-based rules in 2017, insertion of benchmarking and standardised reporting and measurement regimes in 2018, and further project-type delineation, transfer mechanics and technical clarifications in 2025. The Regulation text includes marginal notes identifying the amending SR and the reg clauses affected, enabling traceability of the principal changes.

The Regulation text and endnotes include no case citations and record no judicial determinations or litigated interpretations. The only legal references are to enabling legislation, adopted documents and incorporated technical standards. The Explanatory details set out the external documents applied or incorporated and the subordinate instruments that amended the Regulations, but they do not recount litigation.

What that implies for practitioners

There is no litigation history contained in the instrument to use as precedent for statutory construction or to identify contested points of interpretation. Any challenge to ESC decisions, Secretary specifications, or to removal of Measurement and Verification Professionals would therefore depend on the Act and general administrative law principles rather than on a body of decided cases under these specific Regulations.
Administrative decisions are bounded by the procedural timeframes, notice requirements and publication duties set out in the Regulations, and any judicial review would likely focus on procedural fairness, the scope of delegated powers (for example the Secretary’s specification powers under reg 18), and the reasonableness of ESC decisions within the statutory limits established by the Act and these Regulations. Those are general legal possibilities, however they are not recounted or illustrated by cases in the source.

Practical note for counsel and compliance teams

Where litigation or judicial review is contemplated, the analytical starting points will be the text of the Regulations, the enabling Act, the procedural timelines and notice requirements in the Regulations, and any Secretary or ESC specifications and guidelines. The Regulations explicitly require publication of specifications and guidance, which will be central to any argument about legitimate expectations or procedural fairness (reg 15(2)-(3); reg 18(3)). Absent precedent in the instrument, parties should pay careful attention to the records of the ESC and the Department, the terms of the published specifications, the content of the registers, and the notices given under regs 9 and 17.

The Regulations contain several practical traps for project proponents, accredited persons, consumers, and verifiers. Below are discrete operational risks and compliance pitfalls directly traceable to specific provisions.

Commencing work before scoping approval

The ESC must not grant a scoping approval if work has commenced at the premises, except in limited circumstances (reg 6(5)-(5A)). The exceptions are narrow: work that did not commence before application submission where the application nominates required elements under reg 6(3A), or where a transfer application under reg 9A has been made. The Regulations separately list activities the ESC may disregard in deciding whether work has commenced, such as feasibility studies, planning and obtaining consents, measurement or analysis to establish baseline energy models and installation or modification of metering equipment (reg 6(6)). Installing assets or commencing construction counts as work having commenced (reg 6(7)). The safe lesson is to carefully distinguish pre-implementation planning from activities that constitute commencing work, and to document the nature and timing of each activity relative to the scoping application.

Timing of project plan approval and implementation start time

The ESC must not grant a project plan approval where the application was received after the implementation start time (reg 7(6)(b)). The Regulations also require that a project that has an implementation start time cannot have a project plan applied for too late. Practitioners must confirm the Secretary’s specification of the implementation start time and ensure the project plan application is filed in time.

Undertakings about lighting and the lighting register

If lighting equipment is installed as part of a project, an undertaking is required that the lighting is listed on the ESC lighting register maintained under the VEET Regulations 2018 (reg 6(3A)(d)(ii); reg 15(1)(a)(iv); reg 11A(1)(b)(ii)). The ESC may refuse approval or prevent certificate creation where the undertaking is breached and issue a notice under reg 11(7) that blocks certificate creation while unresolved (regs 11(6)-(8); reg 12). The task of ensuring lighting items are on the specified register introduces dependencies on the VEET Regulations 2018 regime and the ESC’s registers.

Independence and certification of Measurement and Verification Professionals

MV projects depend on reports from approved Measurement and Verification Professionals and declarations of independence (reg 11(6A); reg 11A(2)(b)-(c)). The ESC may remove persons from the register where certification expires or competency requirements are no longer met (reg 17(5)). The certifying bodies listed in the Regulations are the Association of Energy Engineers and the Energy Efficiency Council; persons must maintain credentials to remain on the ESC register (reg 17(3)-(5)). Relying on a professional whose certification lapses between project plan approval and project impact reporting risks rejection.

Project transfers and notice to current accredited person

Transfers of projects to a new accredited person require consumer initiation, incoming accredited person consent and evidence that the current accredited person was given 30 days to respond (reg 9A(2)-(3)). Failure to provide proper notice or documentation can block transfer applications.

Benchmarking and GreenPower exclusion

BR projects require a nominated benchmark administrator who must be approved by the Secretary and able to produce benchmark ratings and calculation details for baseline and reporting periods. Benchmark ratings must be calculated without including energy consumption attributed to GreenPower products (reg 4 defn of benchmark process; reg 11A(3)-(4)). If a proponent has purchased GreenPower for the baseline or reporting period, the project may need adjustments, and failure to account for GreenPower purchases may invalidate the benchmark calculation submitted.

Certificate double-counting and timing

Regulation 14(b) bars certificate creation if a valid certificate has previously been created in respect of the same reduction (reg 14). The Secretary also has power to specify conditions and circumstances under which a certificate cannot be created (reg 18(1)(h)). Timing of when an activity is taken to be undertaken and when the reduction is taken to have occurred is a Secretary specification under reg 18(1)(g) with commercial consequences (regs 13-14; reg 18). Proponents must track these time definitions closely to avoid inadvertently creating overlapping claims.

ESC discretion and incorporation of external standards

The Secretary and ESC have powers to adopt or incorporate external documents with or without modification (reg 18(2)(c)-(d)). This means technical standards used at the time of specification may be amended or updated by later edition, depending on how the Secretary specifies adoption. Applicants must monitor the Secretary’s published specifications and any reference to particular editions or to documents as updated from time to time.

Administrative timelines and information requests

The statutory timelines for ESC decision making are reset when the ESC requests additional information, and in practice substantial information demands may extend the approval process beyond the nominal 60, 120 or 180 day limits (regs 6(10); 7(4); 11(5)). Applicants should expect that fuller applications shorten administrative delay.

The ESC may vary details in the register to reflect approved variations or to reflect cancellation or relinquishment (reg 16(3)). Accredited persons must notify changes that may be material to the register. Failure to keep register details current may lead to compliance questions or ESC action.

This section gives a practical, stepwise compliance checklist aligned to the Regulations. It focuses on application preparation, timing, professional engagement, documentation and operational controls that are required by the text.

Preliminary planning

Determine project type. Decide whether the project will be an MV project, an advanced MV project, an SMM project, or a BR project, because the documentation, nominated parties and approval gateways differ by type (reg 5; reg 4 definitions).
Check premises eligibility. Ensure the premises where the project will be undertaken are of an eligible type as per reg 6(8)(a). If relying on BR project processes check the benchmark administrator is approved to administer the benchmark process for that type of premises (reg 6(4A)(b); reg 17A).
Confirm external standards and the Secretary’s specifications. Obtain the current Secretary specifications under reg 18, including the method and variables for CO2-e calculation, baseline and reporting periods, and the defined time points for undertaking and reduction events (reg 10; reg 18(1)(da); reg 18(1)(g)-(i)).

Scoping approval application (first gate)

Use the ESC-prescribed form and include all required information per reg 6(2)-(3) and reg 15(1)(a). Required details include accredited person name and address, premises address, indicative timing, description of activities and services affected, nominated project name and relevant undertakings (reg 6(2)-(3)).
For BR projects, nominate a benchmark administrator in the scoping application; for SMM projects, nominate the specified measurement method; for advanced MV projects, include the document describing appliances, end use services and building type (reg 6(3A)).
Avoid commencing substantive work at the premises before scoping approval unless the ESC’s permitted exceptions apply. Document any preliminary activities to show they fall within the non-disqualifying activities listed in reg 6(6).

Project plan approval (where required)

For MV projects that require a project plan, prepare the project plan application in the ESC-specified form and include a measurement and verification plan if required by the ESC (reg 7(1)-(2); reg 15(1)(b)).
Ensure the project plan application is submitted prior to the implementation start time. Confirm the Secretary’s specification of the implementation start time, and do not file after that time (reg 7(6)(b); reg 18).

Measurement and Verification Professional engagement

Engage an ESC-approved Measurement and Verification Professional early. The project impact report for an MV project must include the approved M&V Professional’s report and a declaration of independence (reg 11(6A); reg 11A(2)(b)-(c)). Ensure the M&V professional holds current certification from the Association of Energy Engineers or the Energy Efficiency Council and meets ESC competence requirements (reg 17(3)(a)-(b); reg 15(1)(d)).
Obtain the M&V professional’s independence declaration in the format the ESC specifies (reg 15(1)(h)).

Project delivery and record keeping

Implement the project consistent with the scoping approval and project plan. Keep contemporaneous records of implementation start dates, commissioning and testing, as the Regulations treat the implementation start time and the timing of reductions as specified by the Secretary (regs 13; 18(1)(g)).
For projects involving lighting, ensure any lighting installed is registered on the ESC lighting register as required. If lighting was removed, document decommissioning and provide evidence as required by reg 11A(1)(b)(i)-(ii) and reg 15(1)(a)(ii)-(iv).

Project impact report and certificate creation

Prepare the project impact report to comply with ESC guidelines and the matters specified by the Secretary under reg 18(1)(e), include the method and variables applicable to the project type, and set out the calculation under section 18(2) of the Act, including the values for the variables (reg 11A(1)(a)(i)-(v)).
For MV and SMM projects include evidence of lighting decommissioning or registration as required (reg 11A(1)(b)). For MV projects include the M&V professional’s report and independence declaration (reg 11A(2)).
Submit the project impact report application in the ESC form, accompanied by any fee fixed under s 73 of the Act (reg 11(2)(a)-(f)). Be ready to respond promptly to ESC requests for further information, which pause the statutory decision deadlines (reg 11(5)).

Registers and post-approval obligations

Confirm the ESC will add the project to the public register of approved projects and check the register entry for accuracy once approval is granted. The register will list project name, accredited person, location, methods and other relevant information (reg 16(2)).
If circumstances change, apply for variations to scoping approvals or project plan approvals using the ESC-prescribed form, and ensure the ESC is notified to update the register (reg 8; reg 16(3)).

Transfers and consumer actions

If a project transfer is needed, have the consumer of electricity or gas initiate the transfer under reg 9A, obtain written consent from the incoming accredited person and provide evidence that the current accredited person was given 30 days to respond. Keep documentary evidence of the notice sent to the current accredited person (reg 9A(1)-(3)).

Maintain professional credentials and compliance culture

Ensure that any engaged Measurement and Verification Professional maintains the required certifications and independence undertakings, and monitor the ESC published list to ensure continued approval status. The ESC may remove persons if certification expires or undertakings are breached (reg 17(4)-(5)).
Monitor Secretary specifications and ESC guidelines and published forms. The Secretary and ESC may adopt and update external standards; these publications are the operative technical references for methods, variables and timing rules (regs 15(2)-(3); reg 18(3)).

Administrative and audit readiness

Expect ESC inspections and be ready to facilitate site visits and provide additional information promptly when requested (reg 6(9); reg 11(4)).
Retain records of baseline models, measurement data, energy consumption, GreenPower purchases, commissioning reports and M&V professional reports so that benchmark administrators, ESC staff and auditors can substantiate the calculations required for project impact reports and certificate creation (reg 11A(1); reg 11A(3)-(4)).

In summary, compliance under these Regulations requires early engagement with the ESC’s published forms and guidance, early appointment of an approved M&V professional, precise timing of applications relative to project start, accurate record-keeping of metering and baseline measurement activity, adherence to lighting register rules, and attention to the Secretary’s technical specifications.

Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017

Plain English Summary

Deep Dive

What it does

Current sections

Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017

Source text: opening excerpt

1 Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply