The Climate Action and Low Carbon Development Act provides for the approval of plans by the Government in relation to climate change for the purpose of pursuing the transition to a low carbon, climate resilient and environmentally sustainable economy; to establish a body to be known as the National Expert Advisory Council on Climate Change; and to provide for matters connected therewith.
The Act is Ireland's first framework piece of climate change legislation and lays the ground for transition towards a low carbon economy, to be achieved through a combination of the following: a national greenhouse gas mitigation plan, a national adaptation framework, and specific sectoral adaptation plans.
The main provisions of the Act include: The Minister for the Environment, Community and Local Government is responsible for producing and submitting for government approval both the national mitigation plan and the national adaptation framework, to be reviewed every 5 years; the first mitigation plan must be submitted not later than 10 June 2017, and the first adaptation framework must be submitted not later than 10 December 2017 (Articles 3 - 5). Appropriate ministries will be requested to formulate and submit sectoral adaptation plans.
When formulating the national adaptation framework and sectoral plans, the government is required to take account of a number of factors, including: promoting sustainable development; achieving the objectives of a national adaptation framework at the least cost to the national economy; any recommendations or advice of the Expert Advisory Council. The law establishes an independent Climate Change Advisory Council on climate change. The Council is tasked with conducting an annual review of the progress made in achieving planned GHG emissions reductions, and furthering transition to a "low carbon, climate resilient and environmentally sustainable economy" (Article 8).
The Minister of the Environment must produce annual statements on national transition, sectoral mitigation transition, and sectoral adaptation transition (Article 14).
The Climate Action and Low Carbon Development (Amendment) Act of 2021 amended the original 2015 Act. This amendment provides for the approval of plans by the Government in relation to climate change for the purpose of pursuing the transition to a climate resilient, biodiversity rich and climate neutral economy by no later than the end of the year 2050 and to thereby promote climate justice; makes certain changes to the Climate Change Advisory Council; provides for carbon budgets and a sectoral emissions ceiling to apply to different sectors of the economy; provides for reporting by Ministers of the Government to a joint committee of the Houses of the Oireachtas; provides that local authorities shall, when making development plans, take account of their climate action plans and, for that purpose to amend the Planning and Development Act 2000; extends the purposes for which moneys may be paid out of the Climate Action Fund and, for that purpose to amend the National Oil Reserves Agency Act 2007. The 2021 amendment notably contains provisions to give the government statutory effect to end extraction and exploration of gas, as was already the case for oil since 2019. The 2021 amendment also incorporates the principles of climate justice and a just transition.
