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Deferred deadline for proposed changes regarding ESCs for retrospective projects

17 March 2014

Last year, the NSW Office of Environment and Heritage notified the market that a new Rule would be implemented from 1st April 2014 to no longer allow the creation of Energy Savings Certificates for projects that had been previously completed.

After market consultation, the NSW government has now postponed this to an indicative deadline for gazettal of mid/late May*.

Out Performers expects that this will allow us until the end of May to create certificates for retrospective projects. As it takes approximately 6 weeks for us to complete the engineering and create the certificates, you will need to contact us by Easter if you wish to create ESCs for your completed projects.

Note that after the Rule is legislated, you will need to engage Out Performers before projects are implemented if you wish to create ESCs. So please notify us now to advise us of your pipeline of projects, to ensure you maximise your access to certificates to maximise the return from your projects.

* The announcement on the NSW Dept of Trade & Investment website is as follows:

Proposed Rule Change Timeline

At the time of releasing the Consultation Paper, the indicative timeframe for Gazettal of the new Rule was March 2014, with a commencement date of 1 April 2014. Over 90 submissions have been received. To provide sufficient time to consider these submissions in detail and finalise the ESS Rule, the revised indicative date for gazettal is now mid/late May 2014.

Stakeholders will be notified when the new Rule is Gazetted and a NSW Government response to submissions will be published at the same time.

Refer to the NSW Dept of Trade & Investment website for more information: