21Conditions and circumstances under which a certificate cannot be created for a lighting upgrade under Part 35

21 Conditions and circumstances under which a certificate cannot be created for a lighting upgrade under Part 35

A certificate cannot be created in relation to a lighting upgrade that is a prescribed activity referred to in Part 35 of Schedule 2 unless—

(a) a lighting design has been prepared for the lighting upgrade which—

(i) is prepared by a lighting designer who is qualified to undertake the lighting design; and

(ii) meets the lighting design requirements determined by the ESC under regulation 36(1)(a); and

(iii) if the lighting upgrade is of a kind for which AS/NZS 1158 is designed, includes a declaration by the lighting designer that the light output of the lighting upgrade specified in the lighting design complies with the relevant part or parts of AS/NZS 1158 or, if the light output of the lighting upgrade specified in the lighting design deviates from that standard—

(A) that the deviations are justified in accordance with that standard, setting out the way in which the deviations are justified; and

(B) that the lighting design provides for the light output of the upgrade lamp or luminaire to be either equivalent or superior to the replaced lamp or luminaire; and

(iv) if the lighting upgrade is of a kind for which AS 2560 is designed, includes a declaration by the lighting designer that the light output of the lighting upgrade specified in the lighting design—

(A) complies with the relevant part or parts of AS 2560; or

(B) specifies why it is unreasonable to expect the lighting upgrade to achieve the requirements of that standard; and

(v) if the lighting upgrade is not of a kind for which AS/NZS 1158 or AS 2560 is designed, includes a declaration by the lighting designer that the lighting design complies with the minimum illuminance standards determined by the ESC under regulation 22; and

(b) the energy consumer has demonstrated acceptance of the lighting design in accordance with the determination of the ESC under regulation 36(1)(b).