Obligations of Accredited Certificate Providers

This page describes the obligations required of Accredited Certificate Providers, including record keeping, reporting, audits, and penalties for failing to meet them

Some of the obligations imposed on Accredited Certificate Providers in the Act and the Regulation are listed below. This is not an exhaustive list and is not a substitute for reviewing the Act, the Regulation and the ESS Rule. 

Recording energy savings

Accredited Certificate Providers must keep records of their energy savings project (or Recognised Energy Savings Activity as defined in the legislation). When applying for accreditation, a description of the records you keep and an account of the way these records are managed is required. The application needs to show that reliable and accurate record keeping arrangements are in place. 

The specific records kept 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.

When preparing an application for accreditation, be sure to address all aspects of record keeping mentioned in the Record Keeping Guide and in the relevant project-specific application information.

Records must be retained for six years after the record was made.

Original or nominated energy saver

When you apply to become an Accredited Certificate Provider 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.

Nominated energy savers

Nominating an energy saver is typical in:

  • residential settings where it is not viable for the householder to be accredited to create energy savings certificates
  • commercial and industrial settings where an energy service company or consultant is contracted to create energy savings certificates on behalf of the original energy saver.

The nominated energy saver is responsible for all energy savings certificate creation and so must:

  • ensure the energy savings project is properly implemented
  • keep records of their actions and satisfy the record keeping requirements of the Regulation
  • fulfil the requirements of the Act, Regulation and the ESS Rule governing the Energy Savings Scheme to the satisfaction of IPART as Scheme Administrator.

Reporting

Each time an application to register certificates is made, a summary of that implementation is provided to IPART. In general, no further reporting is required.

However, all Accredited Certificate Providers are responsible for complying with their conditions of their accreditation.

The timing and specific reporting requirements are listed in Item 3 of the conditions of accreditation.

IPART, as Scheme Administrator, may from time to time impose extra reporting requirements on Accredited Certificate Providers.

Audits

To ensure the integrity of the Energy Savings Scheme is maintained, Accredited Certificate Providers may be audited. These independent audits provide assurance that Accredited Certificate Providers are creating energy savings certificates in accordance with the Act, Regulation and the ESS Rule.

Accredited Certificate Providers must comply with the audit regime imposed by IPART as Scheme Administrator, and provide to the auditor all information and assistance necessary. Audits may be required in relation to any of the following matters:

  • eligibility for accreditation
  • the creation of energy savings certificates
  • compliance with any conditions of accreditation.

Corresponding Scheme Notice

A Corresponding Scheme Notice 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 New South Wales 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 as follows.

Corresponding Scheme Notice - V1.0 - October 2015249.47KB Word DocumentThe Corresponding Scheme Notice must be completed in accordance with your accreditation conditions outlined in your Accreditation Notice

Email:      ESS_Compliance@ipart.nsw.gov.au

or

Post:        Energy Savings Scheme

                 PO Box K35

                 Haymarket Post Shop  NSW  1240

Accreditation conditions

When accredited, conditions of accreditation are imposed on the Accredited Certificate Provider. The accreditation conditions set out the specific obligations of the Accredited Certificate Provider and may be amended during the life of a energy savings project.

Penalties

Penalties apply if:

  • a person creates or purports to create a certificate in breach of the Act, including any conditions of accreditation (Act s 133, Reg cl 78R). Currently, the maximum penalty is $220,000
  • a person fails to comply with the requirement to provide information or for providing false or misleading information (Act s 158).