Terms and conditions: Sustainable Business Program

1. How to use these Terms and Conditions

These are the terms and conditions of the Sustainable Business Program (the Program). This document also includes an overview of the Program including eligibility criteria and how to apply.

As part of the Program, Eligible Entities can access support to make sustainable choices to improve energy efficiency, transition off gas, transition to zero emission vehicles and improve waste management. Participation in the Program is subject to Eligible Entities continued compliance to the Terms and Conditions of the Program (this document).

1.1 Purpose

These Terms and Conditions apply to each Eligible Entity participating in the Program.

By registering with the Program, an Eligible Entity shall declare and warrant to the ACT Government that you, the Eligible Entity, have read, understood and fully accept these Terms and Conditions and agree to be bound by them.

The Eligible Entity is deemed to have accepted and agreed to the Terms and Conditions of the Program from the time they submit the Program registration.

1.2 Modifications

The ACT Government reserves the right to amend, supplement or replace these Terms and Conditions at any time in its absolute discretion. It will publish the current version of the Terms and Conditions on the Website.

It is the responsibility of the Eligible Entity to ensure that they are acting in accordance with the current version of the Terms and Conditions for the Program.

1.3 Contact Us

Environment, Planning and Sustainable Development Directorate (EPSDD)
Climate Change, Energy and Water Programs
Phone: 13 22 81
Email: sustainablebusiness@act.gov.au

1.4 Definitions

The following definitions apply to these terms and conditions.

ACT Government – refers to the Australian Capital Territory, the body politic established by section 7 of the Australian Capital Territory (Self-Government) Act 1988 (Cth), as represented by the Chief Minister, Treasury and Economic Development Directorate.

Action Area – refers to the four areas of support available through the Program; energy, transport, waste, water.

Bills – refers to the quarterly electricity, gas and water account invoices of the Eligible Entity at the Eligible Premises.

Eligible Entity – refers to a business; non-government organisation; community group; government; government-controlled; government owned; body corporate; owners corporations; embassies and clubs; who satisfy the eligibility criteria for the Program as outlined by these Terms and Conditions and as published on the online registration form.

Eligible Premises – refers to the location an Eligible Entity is operating out of, which is listed in the ACT Government Territory Plan as Land Use Zone Commercial (CZ1 to CZ6) or Industrial (IZ1 to Iz2). Entities that operate from a residential or mobile premise are not eligible.

Program – refers to the Sustainable Business Program.

Program team – refers to the ACT Government staff that work on the Sustainable Business Program, including but not limited to Community Liaison Officers (CLO) and Technical Officers.

Program Matters – means these Terms and Conditions and all other aspects of the delivery and operation of the Program.

Rebate – refers to the funds paid to an Eligible Entity upon completion of upgrade works.

Registration – refers to an online form to participate in the Program submitted by an Eligible Entity.

Terms and Conditions – means these terms and conditions, as varied by the ACT Government in its absolute discretion from time to time and published on the website.

Website – refers to Climate Choices website

2. About the Sustainable Business Program

The Sustainable Business program (the Program) provides support to Eligible Entities to make sustainable choices in the areas of energy, transport, waste and water.

To improve an Eligible Entity’s energy and water efficiency this support can include technical advice, site assessment, tailored recommendations and financial rebates.

To improve an Eligible Entity’s waste management this support can include advice, site assessment, tailored recommendations, equipment and staff training.

To transition an Eligible Entity to zero emissions vehicles this support can include technical advice, tailored recommendations and financial rebates.

For specific sustainability action eligibility see Section 6.3.

For Eligible Entities participating in the Program the support can include promotion on the Website, Program Newsletter and ACT Government social media channels, and opportunities to participate in Program events and Program partner events.

2.1 Objective

The objective of the Program is to support businesses to make sustainable choices and transition off gas.

2.2 Program delivery

2.2.1 Target audience

The target audience for the Program are Eligible Entities that require support in their transition to a more sustainable pathway.

The outcomes to be achieved by the delivery of the Program strategically support the ACT Government to meet its net zero emissions target by 2045 and reduce emissions from gas under the Climate Change Strategy 2019-25.

3. Resources and webtools

A range of Program resources are available at the website to assist the Eligible Entities in making informed decisions regarding the Program.

Visit the website to learn more about the Program resources and how the team can assist.

4. Eligibility

4.1 Entity eligibility

An Eligible Entity must be one of the following:

• business
• non-government organisation or community group
• government, government-controlled or government owned
• body corporate or owners corporations
• embassies
• clubs

that;

• has an ABN; and
• operates from an Eligible Premises.

Exemptions may be sought by the applicant in the event a corporate organisation (for-profit or not-for-profit) does meet the criteria to be an Eligibility Entity. Exemptions will be considered and approved on a case-by-case basis at the complete discretion of ACT Government Sustainable Business Program. Contact the Sustainable Business Program (sustainablebusiness@act.gov.au) for more information and advice.

Note that entities that operate from a residential or mobile premises are not eligible.

4.2 Action area eligibility

4.2.1 Energy and Water

To access technical support:

• the business must not be a government, government-controlled or government owned entity. In this section government means an Australian State, Territory or Commonwealth Government.
• a maximum of one business per ABN can be registered.
• the Eligible Entity must operate from an Eligible Premises.
• for Owners Corporations, the Program only applies to the common property of the Owners Corporation at the Eligible Premises.
• Embassies and High Commissions may receive a technical assessment only (not entitled to any rebates).

To access financial support:

• Financial rebates are available for small to medium businesses if:
  • operations of the Eligible Entity at the Eligible Premises generate electricity bills that total no more than $40,000 per annum (inclusive of GST); and/or
  • the number of employees working at or from the premises do not exceed 20 (FTE).

4.2.2 Transport

To access technical support:

• the business must not be a government, government-controlled or government owned entity, nor a body corporate. In this section government means an Australian State, Territory or Commonwealth Government.
• a maximum of one business per ABN can be registered.

To access financial support:

• Financial rebates are available for a business based in the ACT that operates or subcontracts fleet vehicles and has agreed to the Electric Vehicle Charger Terms and Conditions. Exemptions can be sought and will be provided at the ACT Government’s complete discretion.

4.2.3 Waste

To access technical support:

• the Eligible Entity must operate from an Eligible Premises.

5. Required information

5.1 Energy and water

• Prior to receiving an energy and water technical assessment, the Eligible Entity must provide a copy of the most recent Bills for the eligible premises.
• After undertaking energy and/or water efficiency upgrades, at the request of the Program Team, the Eligible Entity agrees to provide up to 24 months of Bills for the purpose of evaluating the energy and water savings associated with the Program.

5.2 Transport

• Prior to receiving advice to electrify your fleet the Eligible Entity must give authorisation for EPSDD to access the business’ vehicle registration data held by Access Canberra or provide information on the fleet (make, model, average annual distance travelled) for the purposes of evaluating the current vehicle fleet and informing fleet transition recommendations.

5.3 Waste

• Prior to receiving advice the Eligible Entity must commit to undertaking a baseline waste audit and to sharing ongoing waste data for the purposes of informing the recommendations and achieving accreditation.

6. Program Process

6.1 Registration

• Eligible Entities must complete a registration using the online form.
• By completing the registration Eligible Entities consent to the ACT Government collecting and using their personal information for the purposes of managing and improving Program delivery.
• By completing the registration Eligible Entities consent to being added to the Program newsletter mailing list and to receiving occasional relevant information.
• By completing the registration Eligible Entities agree to provide the ACT Government with data as requested, including annual waste information, energy and water bills and other data as requested, for the purposes of measuring program impact and improving program delivery.

6.2 Initial needs analysis

• Upon registering with the Program a Client Liaison Officer (CLO) will contact the Eligible Entity to undertake a needs analysis. This will include the support available to the Eligible Entity (see section 5 Eligibility) in each of the Action Areas, and the information the Eligible Entity will need to provide (see section 5 Required information).
• The Eligible Entity can determine which of the Action Areas to proceed with and there is no obligation to complete all of the Action Areas.
• The Eligible Entity can determine the pace at which to progress through each Action Area.

6.3 Action Areas Activities

6.3.1 Energy and Water

• A Technical Officer will provide the Eligible Entity with an onsite assessment and a tailored Energy and Water Action Plan detailing the recommendations including energy and water efficiency measures and their estimated pay-back period energy.
• The onsite assessment will take approximately one hour, depending on the size of the premises. The Energy and Water Action Plan will be emailed to the Eligible Entity’s nominated contact within three weeks (15 business days) from the date of the assessment.
• Upon receipt of the Energy and Water Action Plan the Eligible Entity must consider implementing the no cost, and cost-effective measures identified.

a. Financial rebates

• An Eligible Entity is able to access a maximum of $10,000 in rebates depending on the type of upgrade works.
  • An Eligible Entity undertaking inefficient electric to efficient electric upgrades will be able to access rebates up to $5,000 on a 50/50 co-contribution basis (Program contributes 50 percent of the total cost, to a maximum of $5,000).
  • An Eligible Entity undertaking gas to efficient electric upgrades will be able to access rebates up to $10,000 on a 25/75 co-contribution basis (Program contributes 75 percent of the total cost, to a maximum of $10,000).
  • The maximum amount of rebates an Eligible Entity may claim is $10,000.
  • An Eligible Entity may re-engage with financial rebates after a period of five years from the registration date, and every five years afterwards. Energy and Water rebates cannot be compounded and the maximum Energy and Water rebate an Eligible Entity can access is $10,000 in each five year period.

• All measures eligible for the rebate will be listed in the Energy and Water Action Plan. Noting:
  • Electric to gas, and gas to gas upgrades are not eligible and will not be included in the Energy and Water Action Plan.
  • All gas to electric upgrades are eligible, including LPG and other fossil fuels.
  • Electric to efficient electric upgrades are eligible if the payback period (return on investment) is between 1 and 180 months.

• Prior to undertaking any work (including accepting quotes) the Eligible Entity must be granted pre-approval to be eligible for the rebate.
• Where a fluorescent tube (of any length) or halogen downlight fixture has been included in the eligible measures for upgrade, the Program has specific requirements for how the upgrade is to be carried out to ensure the maximum energy efficiency benefits are realised. A document [PDF 189.7 KB] outlining the requirements for these upgrades should be passed onto the electrician or lighting specialist to ensure the requirements are met.
• For an Eligible Entity leasing the premises:
  • Where the premises is not owned by the Eligible Entity, the Eligible Entity warrants it has the authority of the landlord, landowner or leaseholder (as the case may be) to have the works undertaken at the premises.
  • The Eligible Entity must provide written authorisation from the landlord, landowner or leaseholder (as the case may be) of the premises consenting to the works being undertaken, if requested.

b. Rebate process

i. Pre-Approval for Rebate

• The Eligible Entity is responsible for obtaining quotes for the proposed works under the Program. Prior to the Eligible Entity having works undertaken in accordance with the Energy and Water Action Plan, the Eligible Entity must complete and submit the Program Pre-Approval for Rebate Form [PDF 238.9 KB] for approval of the quote by the Territory.
• The Program Pre-Approval for Rebate Form must be approved by the Territory before the Eligible Entity can commence the works under the Program and be eligible for a rebate.

ii. Applying for a rebate

To receive a rebate:

• the Eligible Entity must have completed and paid for the works in full.
• the Eligible Entity must have completed, signed and submitted the Program Rebate Claim Form [PDF 205.1 KB] to the CLO no later than six (6) months from the date the Energy and Water Action Plan is provided to the Eligible Entity
• the Eligible Entity must submit remittance for the payment in the form of a tax invoice showing $0 outstanding balance, a tax invoice with “Paid In Full” stamped across the front or an electronic funds transfer (EFT) remittance.
• The rebate will reimburse 75% of the cost of works undertaken and products installed, up to a maximum of $10,000 (inclusive of GST) if you are transitioning from gas to efficient electric equipment, at an Eligible Premises in accordance with the Energy and Water Action Plan.
  OR
  The rebate will reimburse 50% of the cost of works undertaken and products installed, up to a maximum of $5,000 (inclusive of GST) if you are transitioning from inefficient electric to efficient electric equipment, at an Eligible Premises in accordance with the Energy and Water Action Plan.
  NOTING the maximum amount of rebates an Eligible Entity can claim is $10,000.
• No rebate will be paid for any upgrade works or product installations that were not recommended in the Energy and Water Action Plan for the Eligible Premises.
• All works and installations must be undertaken in accordance with all legal requirements, by a licensed tradesperson where required by law, and all products and works must meet all applicable Australian standards and regulations.

iii. Upgrade review

• The Eligible Entity must agree to a site check of the Eligible Premises by a person authorised by the Territory where the works were undertaken or products installed as a result of the Program, if requested.
• The Territory will not be liable to make any payment of a rebate or any other compensation to an applicant who has undertaken works but does not submit the required forms on time, or have the works completed prior to the cancellation of the Program, or otherwise has not complied with the Terms and Conditions of the Program.
• The Territory in its absolute discretion may grant to the Eligible Entity an extension for the Eligible Entity to have the works completed under the Program at its Eligible Premises, provided that the Eligible Entity submits a written application to the CLO requesting an extension prior to the expiry date. The CLO will advise the Eligible Entity within seven (7) days from receipt of the application whether an extension has been granted.

6.3.2 Transport

• A Technical Officer will discuss and review the Eligible Entity’s current fleet and where appropriate provide a Fleet Action Plan. This includes information on the average annual running costs, whole-of-life costs, charging infrastructure needs and potential greenhouse gas emissions reductions. The Technical Officer will then book a time to discuss the Fleet Action Plan and way forward with the Eligible Entity. This could be over the phone or through an onsite visit.
• The Technical Officer is available for the Eligible Entity to contact and discuss ongoing fleet management and charging infrastructure information. The Technical Officer can also contact the Eligible Entity with industry updates and future incentives that might be of benefit to the Eligible Entity.
• Upon receipt of the Fleet Action Plan the Eligible Entity must consider implementing the no cost, and cost-effective measures identified.

6.3.3 Waste

• The CLO will support the Eligible Entity to improve waste management and achieve recycling accreditation. There is no specific timeframe for completing the improvements.
• The Eligible Entity will need to:
  • implement at least one recycling scheme (for example mixed recycling, cardboard, paper, Container Deposit Scheme)
  • keep organic waste out of landfill
  • have at least 75% of staff trained in recycling
  • have at least one circular economy initiative in place, see Circular Economy Checklist [DOCX 22.0 KB] for examples.

• Accreditation is done on an annual basis, and the Eligible Entity will be reminded by the CLO when it is due.

7. Privacy and disclosure

The personal information on this form is provided to EPSDD to enable the processing of your application. If all or some of the personal information is not collected EPSDD cannot process your application. In submitting your registration form you agree to be included in the Program newsletter. The Directorate will not share this personal information with other government agencies or other organisations except in accordance with the Information Privacy Act 2014 or as required by another law. The EPSDD Information Privacy Policy can be found on the EPSDD website, under the About Us menu. The Information Privacy Policy Annex contains information in regard to what information EPSDD collects and to whom it is disclosed. The policy also contains information about how you may access or seek to correct your personal information held by EPSDD, and how you may complain about an alleged breach of the ACT Privacy Principles.

8. Release of liability

The Eligible Entity the ACT Government, its employees, officers and agents from all liability (in contract, tort (including negligence), under statute, or otherwise arising) in relation to any action or other proceeding for damages or other relief for, or in relation to, any act or matter done or omitted to be done in connection with the Program.

ACT Government makes no representation, warranty or guarantee, whether expressly or implied, for the information contained in these Terms and Conditions. ACT Government expressly disclaims all liability for any loss or damage incurred by any person arising from, or because of, any person’s use of or reliance on any information, statement, opinion or matter (express or implied) contained in, derived from, or omitted from these Terms and Conditions.

Nothing in this clause limits or excludes liability that cannot, by law, be limited or excluded.

9. Governing law

These Terms and Conditions are governed by the laws of the Australian Capital Territory.

10. Program end

The Program will end when the fund allocated to the Program has been fully committed or such earlier time as the ACT Government determines in its absolute discretion.

11. Indemnity

The Eligible Entity indemnifies the ACT Government, its employees and agents against liability in respect of all claims, costs and expenses for all loss, damage or injury to persons or property caused directly or indirectly by the Eligible Entity in connection with the Eligible Entity’s involvement in the Program.