Obligations of ACPs

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The Compliance Guide - ACPs provides guidance to Accredited Certificate Providers (ACPs) on how to manage their accreditations under the ESS, and on the systems and processes we use to monitor and enforce the compliance of ACPs.

The Compliance Guide - ACPs:

  • Outlines the various mechanisms we use to monitor and prevent non-compliance, and how we respond to non-compliance
  • Provides information about changes that ACPs may request
  • Sets out how ACPs may apply for an amendment to their conditions of accreditation, the information that ACPs must provide with an application and the information that we will consider in our assessment. 

Some of the obligations imposed on ACPs in the Act and the Regulation are outlined below. This is not an exhaustive list and is not a substitute for understanding the Act, the Regulation and the ESS Rule.

Accreditation conditions

When accredited, conditions of accreditation are imposed on the ACP. The accreditation conditions set out the specific obligations of the ACP and may be amended from time to time.

Record keeping

ACPs must keep records of their energy savings activity (or Recognised Energy Savings Activity (RESA) as defined in the legislation).

The specific records required depend on the activity but must include:

  • The location in which the activity occurred
  • The energy savings (calculated in accordance with the ESS Rule) arising from that activity
  • The methodology, data and assumptions used to calculate those energy savings.

Records must be retained for six years after the record was made. See Record keeping obligations for more information.

Original or nominated energy saver

When you apply to become an ACP your application must state whether you are the original energy saver or a nominated energy saver.

The original energy saver is the person responsible for the payment for energy consumed. This person may however choose to transfer their rights to create energy savings certificates to a nominated energy saver. This permission must be given in writing on an approved form.

See working with Householders and businesses for more information.

Reporting

Each time an application to register energy savings certificates is made, a summary of that implementation is provided to IPART. In general, no further reporting is required. However, all ACPs are responsible for complying with the conditions of their accreditation. See Registering certificates for more information.

Auditing

To ensure the integrity of the Energy Savings Scheme is maintained, ACPs may be audited. These independent audits provide assurance that ACPs are creating energy savings certificates in accordance with the Act, Regulation and the ESS Rule. See Auditing requirements for more information.   

Corresponding Scheme  Notice

A Corresponding Scheme Notice (listed below) must be completed by an ACP and immediately provided to IPART if the ACP:

  • Becomes eligible under a Corresponding Scheme (eg, the Emissions Reduction Fund) to obtain a benefit for energy savings from a RESA undertaken at a site within NSW, or
  • Was, prior to the date of the ACP’s Accreditation Notice, eligible under a Corresponding Scheme to obtain a benefit for energy savings from the RESA undertaken at a site within NSW and continues to be so eligible on the date of the ACP’s Accreditation Notice, or
  • ceases to be eligible under a Corresponding Scheme to obtain a benefit for energy savings from a RESA undertaken at a site within NSW.

A copy of the Corresponding Scheme Notice and any supporting documentation must be retained for audit purposes and must be provided to IPART either by email to ess_compliance@ipart.nsw.gov.au or by mail. See contact us for more information.

Relevant Documentation

Compliance Guide - ACPs
Template - ACPs - Corresponding Scheme Notice