Interpretation of this Division
s 44
Open ↗44. In this Division, unless the context otherwise requires, “transport facility operator” means any transport facility operator declared, or which qualifies, by an order under section 45 to be such.
Source
Energy Conservation Act 2012 Division 2 — Energy management practices for transport facility operators
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Transport facility operators
s 45
Open ↗45.—(1) The Transport Minister may, by order in the Gazette —(a) declare any airport service operator, land transport operator or port service operator to be a transport facility operator from the date specified in the order; or (b) declare any qualifications by which any airport service operator, land transport operator or port service operator qualifies as a transport facility operator. (2) The order under subsection (1) may describe the qualifications of a transport facility operator, in terms of one or both of the following:(a) a type of business activity or type of premises over which an airport service operator, a land transport operator or a port service operator has operational control; (b) an energy use threshold attained by a business activity, or by one or more premises, over which an airport service operator, a land transport operator or a port service operator has operational control.
Power of sector regulator to ascertain if entity is transport facility operator
s 46
Open ↗46.—(1) The appropriate sector regulator may, for the purpose of ascertaining whether any airport service operator, land transport operator or port service operator qualifies as a transport facility operator, do all or any of the following:(a) by written notice, require the airport service operator, land transport operator or port service operator, as the case may be, to —(i) carry out any test or inspection that the sector regulator may specify; or (ii) provide to the sector regulator any report, document or information that the sector regulator may require in respect of any business activity or premises of the airport service operator, land transport operator or port service operator; (b) enter the premises of the airport service operator, land transport operator or port service operator (as the case may be) during normal business hours and carry out any test or inspection that a transport sector authorised officer of the sector regulator may think necessary.[23/2018] (2) Any person who, without reasonable excuse, fails to comply with any requirement of the sector regulator under subsection (1)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
Periodic reporting of energy use, etc.
s 47
Open ↗47.—(1) Every transport facility operator shall, within the period and in the manner prescribed, prepare and submit to the appropriate sector regulator in accordance with subsection (2), a report relating to the —(a) energy consumption; (b) energy production; and (c) greenhouse gas emissions, from the operation of any business activity or premises or part thereof under the operational control of the transport facility operator during a prescribed period. (2) A report under subsection (1) must —(a) be in the form provided by the sector regulator; (b) contain data on the required information computed in accordance with such method as may be prescribed or any method which meets such criteria as may be prescribed; and (c) contain any other information that may be prescribed. (3) The sector regulator may, in respect of any incomplete or inaccurate report from a transport facility operator, in writing direct the transport facility operator to do all of the following within the period specified in the direction:(a) to carry out any rectification or re‑computation that the sector regulator requires; (b) to re-submit the report. (4) Any transport facility operator which —(a) fails to submit or re-submit a report under this section within the period delimited under this section or within any extended time that the sector regulator allows in any particular case; (b) fails to comply with any direction given by the sector regulator under subsection (3)(a); or (c) submits a false or misleading report, shall be guilty of an offence.
Records to be kept
s 48
Open ↗48.—(1) Every transport facility operator must keep and maintain complete and accurate records in the prescribed form and manner containing such information as may be prescribed —(a) where the records are relevant to the preparation by the transport facility operator of complete and accurate reports under section 47 or energy efficiency improvement plans under section 49; and (b) where the records are relevant to monitoring and evaluating compliance by the transport facility operator with this Act. (2) A transport facility operator must —(a) retain the records mentioned in subsection (1) for the prescribed period; and (b) during that prescribed period, make available to any transport sector authorised officer of the sector regulator the records mentioned in subsection (1) for inspection whenever requested to do so by the transport sector authorised officer. (3) A transport facility operator must submit any record, or provide any other document or information, that may be required by the sector regulator within the time specified by the sector regulator. (4) Any transport facility operator which contravenes subsection (1), (2) or (3) shall be guilty of an offence.
Energy efficiency improvement plans
s 49
Open ↗49.—(1) Unless granted a waiver under subsection (3), a transport facility operator must prepare and submit to the appropriate sector regulator, in accordance with subsection (2) and any other prescribed requirements, an energy efficiency improvement plan for a prescribed period in respect of any business activity or premises over which the transport facility operator has operational control. (2) An energy efficiency improvement plan must —(a) contain the information (including information on the implementation of any part of the plan) prescribed; and (b) be submitted at the prescribed intervals and within the prescribed period. (3) A transport facility operator which is unable to comply with subsection (1) in any particular case may apply in writing to the sector regulator for a waiver and the sector regulator may, if it is satisfied that there are good reasons to do so, waive the application of subsection (1) for a specified period of time or in respect of a specified business activity or specified premises or part thereof of the transport facility operator. (4) The sector regulator may, in respect of any incomplete energy efficiency improvement plan, in writing direct the transport facility operator, within the time specified in the direction —(a) to carry out any rectification or re‑computation that the sector regulator requires; and (b) to re-submit the energy efficiency improvement plan. (5) Any transport facility operator which contravenes subsection (1) or fails to comply with a direction under subsection (4) shall be guilty of an offence.
Appointment of energy manager
s 50
Open ↗50.—(1) Unless granted a waiver under subsection (5), every transport facility operator must appoint from among its employees the number of energy managers prescribed for that class, description or type of transport facility operator, each being an employee who has the prescribed qualifications and training to carry out all of the following functions:(a) assist the transport facility operator —(i) to prepare the report for submission under section 47; (ii) to maintain the records required under section 48; (iii) to prepare the energy efficiency improvement plan for submission under section 49 and implement the energy efficiency measures proposed in the energy efficiency improvement plan; and (iv) generally to comply with the provisions of this Act; (b) train and educate employees of the transport facility operator as to the energy conservation practices of the transport facility operator; (c) encourage energy conservation efforts by the transport facility operator; (d) carry out any other duties that may be prescribed. (2) A transport facility operator must notify the appropriate sector regulator of every appointment of an energy manager within the prescribed period. (3) Where the sector regulator is of the opinion that an energy manager is not suitably qualified, having regard to the prescribed qualifications or training (including any prescribed requirements relating to continuing education or training), the sector regulator may direct the transport facility operator to appoint another suitably qualified energy manager in place of the firstmentioned energy manager within a specified time, and the transport facility operator must comply with the direction. (4) If any energy manager appointed under subsection (1) for any reason vacates his or her appointment —(a) both the transport facility operator and the energy manager must each, within the prescribed period, notify the sector regulator of that fact; and (b) if the energy manager who vacates his or her office is the only energy manager of the transport facility operator, the transport facility operator must —(i) without delay appoint under subsection (1) another energy manager in substitution of the firstmentioned energy manager; and (ii) within the prescribed period, notify the sector regulator of that substitute appointment. (5) A transport facility operator which is unable to comply with subsection (1) in any particular case may apply in writing to the sector regulator for a waiver and the sector regulator may, if it is satisfied that there are good reasons to do so, waive the application of subsection (1) for a specified period of time. (6) Any transport facility operator which contravenes subsection (1), (2), (3) or (4) shall be guilty of an offence.
Energy manager not to falsify data
s 51
Open ↗51. Any energy manager appointed under section 50 who —(a) in any report or energy efficiency improvement plan prepared for submission to the appropriate sector regulator under this Act, makes any statement which he or she knows to be false or misleading; (b) makes any entry or omission in any record required to be kept under this Act, which he or she knows to be false or misleading, or makes any record containing a statement which he or she knows to be false or misleading; or (c) falsifies any data required to be submitted to the appropriate sector regulator under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
Penalties for non-compliance
s 52
Open ↗52. A transport facility operator which is guilty of an offence under section 47, 48, 49 or 50 shall be liable —(a) on the first conviction to a fine not exceeding $10,000; and (b) on a second or subsequent conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after that second or subsequent conviction.
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