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A Legal analysis on the regulation of renewable resources to promote energy efficiency in sustainable building

A Legal analysis on the regulation of renewable resources to promote energy efficiency in sustainable building. Marjoné van der Bank University of KwaZulu-Natal. Energy Postgraduate Conference 2013. Problem statement.

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A Legal analysis on the regulation of renewable resources to promote energy efficiency in sustainable building

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  1. A Legal analysis on the regulation of renewable resources to promote energy efficiency in sustainable building Marjoné van der Bank University of KwaZulu-Natal Energy Postgraduate Conference 2013

  2. Problem statement • Buildings, including office blocks, manufacturing facilities and homes account for more than 40 percent of the world’s total energy consumption, according to the Green Building Council of South Africa (GBCSA). • For this reason it is argued that if sustainable building were to be constructed and implemented, the environmental impact of the built environment would be reduced. Green Building Council of South Africa 2011 http://www.gbcsa.org.za and also Siemens 2010 http://www.us.siemens.com/sustainable -cities/index.html).

  3. Renewable energy vs. Energy Efficiency Renewable energy deals with the supply side of energy. Energy efficiency deals with the demand side of energy.

  4. South African Energy laws: • The Constitution of the Republic of South Africa, 1996 • Section 24, section 7(2), section 156(1) • Schedule 4B • Local Government: Municipal Systems Act 32 of 2000 • National Environmental Management Act 107 of 1998 (NEMA)

  5. What is energy efficiency? • According to the National Energy Act 34 of 2008 • Energy resource • Energy carrier • Renewable energy

  6. Regulation of energy efficiency National Provincial Local level

  7. Sustainable building • Building Regulations and Building Standards Act 103 of 1977 (NRBS) • GG R 711 no 34586 of 9 September 2011 • South African Bureau of Standards

  8. Tax incentives • Section 229(1)(a) of the Constitution • White Paper on Local Government 1998 • Section 12i of the Income Tax Act • National Standard 50010 Principle of Subsidiarity Governance should take place as close as possible to the citizen

  9. National Building Regulation • GN 711 of 2011 incorporated SANS 10400-XA (Energy usage in buildings) and SANS 204 (Energy efficiency in buildings into regulations. • SANS 10400-XA: what needs to be done • SANS 204: how it should be done Voluntary standards • SANS 26000/ISO 26000

  10. Challenges Opportunities The principle of subsidiarity. The promotion of voluntary projects. Government incentives. • There is a need to move towards renewable and sustainable energy production coupled with improved energy efficiency to achieve sustainable development. • Misalignment between South Africa’s energy laws generally and environmental laws. • No synchronisation between environmental laws, energy laws and local government laws.

  11. Conclusion • There is a call for a transition phase towards renewable energy and this must be concurrent with the instilling of energy use disciplines in the mind of energy users. • South Africa accustomed to an environment of cheap electricity and therefore there had been no motivation to be efficient with energy usage. • There must be a mind-set change to promote energy efficiency and sustainable housing. • There are various tools in order to achieve this: laws, policies and voluntary projects.

  12. South Africa’s first refurbished building that received a five-Star Green Star South Africa accolade in May 2012 is the Millennia Park office building in Stellenbosch. Thank you!

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