However, due to the market power enjoyed by the landlord in a the “landlord’s market”, landlord is not prepared to sign on an A1 GLS. After several rounds of serious negotiations, the landlord is willing to consider a B1 GLS, which imposes a less onerous obligation on the landlord, but only if the base building rating requirement is lowered to 3.5 star NABERS. The landlord also insists the removal of the dispute resolution clauses from the schedule and the reliance on the relevant clauses in the base lease, which are slightly more favourable to the landlord. Accordingly, Agency XYZ submits an exception request based on the compromised position. landlord’s final In this case, Agency XYZ has demonstrated that reasonable steps have been undertaken to give the best effect to the EEGO policy intent under the constrained circumstances. Therefore, the specification of 3.5 star NABERS Energy in the GLS and the removal of the standard dispute resolution clauses from the GLS would be granted. The DCCEE will also allow the use of a B1 GLS under the given circumstances. The lease will be considered compliant with the EEGO policy. It is important to note that it is Agency responsibility to assess and manage the legal risks associated with the XYZ’s changes made to the standard GLS. In its annual energy performance summary report to DCCEE, Agency XYZ will have to report this lease: - is specified less than 4.5 star NABERS Energy for Base Building or Tenant, Light and Power; - did not include all five essential elements of the GLS; but - has obtained DCCEE-endorsed exceptions. How to apply for an exception The officer responsible for managing leases in the Department or Agency needs to fill in a GLS Exception Request Form, which can be downloaded from the Government Energy Efficiency Website. The officer also needs to prepare a written statement explaining why compliance with the EEGO policy requirements is not met. The completed Request Form, together with the written statement and other relevant supporting documents, should be forwarded to the Government Energy Efficiency Team in DCCEE. It is the responsibility of the officer to notify the Department or Agency Head, who is required to report to the respective Minister on the compliance with the EEGO policy, of the application for the exception.
However, due to the market power enjoyed by the landlord in a “landlord’s market”, the landlord is not prepared to sign on an A1 GLS. After several rounds of serious negotiations, the landlord is willing to consider a B1 GLS, which imposes a less onerous obligation on the landlord, but only if the base building rating requirement is lowered to 3.5 star NABERS. The landlord also insists the removal of the dispute resolution clauses from the schedule and the reliance on the relevant clauses in the base lease, which are slightly more favourable to the landlord. Accordingly, Agency XYZ submits an exception request based on the landlord’s final compromised position. In this case, Agency XYZ has demonstrated that reasonable steps have been undertaken to give the best effect to the EEGO policy intent under the constrained circumstances. Therefore, the specification of 3.5 star NABERS Energy in the GLS and the removal of the standard dispute resolution clauses from the GLS would be granted. The DCCEE will also allow the use of a B1 GLS under the given circumstances. The lease will be considered compliant with the EEGO policy. It is important to note that it is Agency XYZ’s responsibility to assess and manage the legal risks associated with the changes made to the standard GLS. In its annual energy performance summary report to DCCEE, Agency XYZ will have to report this lease: - is specified less than 4.5 star NABERS Energy for Base Building or Tenant, Light and Power; - did not include all five essential elements of the GLS; but - has obtained DCCEE-endorsed exceptions. How to apply for an exception The officer responsible for managing leases in the Department or Agency needs to fill in a GLS Exception Request Form, which can be downloaded from the Government Energy Efficiency Website. The officer also needs to prepare a written statement explaining why compliance with the EEGO policy requirements is not met. The completed Request Form, together with the written statement and other relevant supporting documents, should be forwarded to the Government Energy Efficiency Team in DCCEE. It is the responsibility of the officer to notify the Department or Agency Head, who is required to report to the respective Minister on the compliance with the EEGO policy, of the application for the exception.