36Determinations of ESC in relation to certain matters

36 Determinations of ESC in relation to certain matters

(1) The ESC must determine the following for the purposes of regulations 18 and 21—

(a) lighting design requirements;

(b) the required manner for demonstrating that an energy consumer accepts a lighting design;

(c) the experience or qualifications or other requirements necessary for a person to be qualified to undertake a lighting design.

(2) The ESC may determine the requirements for decommissioning declarations under regulation 17(2).

Reg. 36(3) substituted by S.R. No. 25/2023 reg. 10.

(3) The ESC may determine a class of waste disposal facility in respect of**—**

(a) a type of lighting equipment for the purposes of regulation 17(3); and

(b) any other type of equipment that is required to be decommissioned as part of a prescribed activity and for which product disposal requirements are specified in the Secretary's specifications.

(4) The ESC may determine the manner and form of applications under regulations 20, 22 and 32.

(5) The ESC may make determinations in respect of the following for the purpose of calculating the carbon dioxide equivalent of greenhouse gases to be reduced by the following prescribed activities—

(a) for a prescribed activity referred to in Part 27, 34 or 35 of Schedule 2, the lamp circuit power for a light source to be decommissioned, replaced or installed;

Reg. 36(5)(b) amended by S.R. No. 93/2022 reg. 8(a).

(b) for a prescribed activity referred to in Part 34 or 35 of Schedule 2, the performance requirements to apply in relation to measurements, testing or ratings.

Reg. 36(6) amended by S.R. No. 93/2022 reg. 8(b).

(6) The ESC may make determinations in respect of the following for the purposes of Parts 27, 30, 34 and 35 of Schedule 2—

(a) performance requirements for products and the installation of products;

(b) minimum power factors for products;

(c) minimum standards for lighting equipment;

(d) approval of laboratory tests;

(e) approval of encrypted communication protocols;

(f) the suitability of a product to replace a decommissioned product.

Reg. 36(6A) inserted by S.R. No. 91/2025 reg. 11.

(6A) The ESC may determine that an approved inverter or an approved photovoltaic module is excluded from a prescribed activity set out in Part 47 of Schedule 2 if the ESC reasonably believes that the inverter or the photovoltaic module—

(a) may be unsafe; or

(b) may not be of acceptable quality; or