CLIMATE CHANGE ACT 22 of 2024
WHAT YOU SHOULD KNOW ABOUT THE NEW ACT
South Africa’s newly promulgated CLIMATE CHANGE ACT 22 of 2024, intends to enable the development of an effective climate change response and a long-term, just transition to a low-carbon and climate-resilient economy and society for South Africa in the context of sustainable development.
There is some time to go before the Act comes into effect. The State President still has to “sign“ the Act into operation by proclamation in the Government Gazette.
Here are some of the important provisions of the Act.
A NEW ENVIRONMENTAL ACT
The recently promulgated Climate Change Act is a specific environmental management act.
This means that the Climate Change Act must be interpreted and administered in accordance with the principles laid down in the NATIONAL ENVIRONMENTAL MANAGEMENT ACT (NEMA).
One of the main aims of the Act is to effectively manage the impacts of climate change through enhancing adaptation, strengthening resilience and reducing vulnerability to climate change.
The CLIMATE CHANGE ACT is thus not a stand-alone piece of legislation, but must be administered by considering the NEMA PRINCIPLES and the constitutional obligation to protect the environment through sustainable development.
ADAPTING TO CLIMATE CHANGE
In terms of the new Act, the Minister for Environmental Affairs must determine the country's National Adaptation Objectives which will guide adaptation to climate change impacts, developing resilience, and sustainable development.
The Minister is also required to develop adaptation scenarios which anticipate the likely impacts of climate change.
The Minister is, in addition, required to develop and publish a NATIONAL ADAPTATION STRATEGY & PLAN in order to manage climate change adaptation in a coherent and co-ordinated manner.
LISTED ACTIVITIES UNDER THE NEW CLIMATE CHANGE ACT 22 OF 2024
Under section 26 of the CLIMATE CHANGE ACT 22 OF 2024, the Minister for Environment must publish :
A list of GREENHOUSE GASES which he believes, cause or are likely to cause or exacerbate climate change, and
A list of ACTIVITIES which emit or has the potential to emit, one or more of the "listed" greenhouses gases.
The listed activities must apply to greenhouse gas emitting activities which have already commenced as well as new gas emitting activities.
The listed activities must also determine quantitative GHG Emission Thresholds.
The Minister may review the various lists in line with the requirements of national and international mitigation goals.
The Minister must allocate a carbon budget to any person that conducts an activity listed in terms of section 26(2).
A person to whom a carbon budget has been allocated, must prepare and submit to the Minister, for approval, a greenhouse gas mitigation plan.
CLIMATE CHANGE RESPONSE
The Act places the responsibility on Provinces and Municipalities to undertake a climate change needs and response assessment and develop, implement and publish a climate change response implementation plan.
OFFENCES AND PENALTIES
The Act creates offences for persons who fail to:
provide data, information, documents, samples or materials to the Minister in terms of section 23(1) and who provide false and misleading data, information, documents, samples or materials to the Minister in terms of section 23(1);
prepare and submit a greenhouse gas mitigation plan to the Minister in terms of section 27(4);
comply with or contravene the notice of the Minister in terms of section 28(1); and
comply with the measures contemplated in section 28(3)(b).
South Africa has a myriad of environmental legislation. But there are, in my opinion, very few that can be said to be implemented appropriately and faithfully by government.
It remains to be seen whether the core objectives of this Act will be rigorously enforced and implemented by the South African Government.
