This Act sets out the strategic direction of travel for national climate change policy in South Africa and establishes the key institutional arrangements for climate governance at the national level. The recitals emphasise that responding to climate change raises unique challenges to effective governance and requires a nationally driven, coordinated and cooperative legal and administrative response. The Act is divided into six chapters and four schedules.
Chapter 1 sets out definitions, objectives and principles of the Act. For example, it defines just transition as a "shift towards a low-carbon, climate-resilient economy and society and ecologically sustainable economies and societies which contribute toward the creation of decent work for all, social inclusion and the eradication of poverty". Key objectives include protecting and preserving the planet for the benefit of present and future generations, and making a fair contribution to the global effort to stabilise greenhouse gas emissions. There are 12 principles which guide the interpretation and application of the Act. This includes the need for decision-making to consider the special needs and circumstance of localities and people that are particularly vulnerable to the adverse effects of climate change. The Act expressly names workers, women (especially poor and rural women), children, the aged, the poor, the sick and the physically challenged. Section 3(j) indirectly refers to the polluter pays principle, as it acknowledges that the costs of adaptation and mitigation must be "paid for by those responsible for causing the adverse impact". The application of this Act must also be guided by national environmental management principles set out in the National Environmental Management Act.
Chapter 2 establishes the main institutional arrangements. Section 7(1) requires public bodies that perform a function affected by climate change, or entrusted with powers aimed at achieving a sustainable environment to review and if necessary, amend and harmonise their policies to ensure that climate change is taken into consideration. It also allows organised labour, civil society and business to advise on the state's climate change response. Sections 8 and 9 establishes Provincial and Municipal Forums on Climate Change. These are intergovernmental bodies, designed to coordinate climate change response actions. Section 10 grants authority to the President to establish a Presidential Climate Commission, which may consist of up to 30 members, comprising representatives of government, organised labour, civil society and business to advise, monitor and evaluate the state's climate change response.
Chapter 3 sets out requirements for climate actions by provinces and municipalities. Each province, metropolitan or district municipality must have a climate change needs and response assesment within one year of the publication of the National Adaptation Strategy and this assessment must be reviewed and if necessary amended at least once every five years. Within two years of the assessment, the mayor (or MEC) must develop and implement a climate change response implementation plan and review, or if necessary, amend the plan at least once every five years.
Chapter 4 focuses on institutional arrangements for climate change adaptation policy. Within one year of this Act, the Minister must determine national adaptation objectives, indicators and a deadline by which the objectives should be incorporated into national planning instruments. Within one year of this Act, the Minister must also develop adaptation scenarios. Within two years of this Act, the Minister must publish a National Adaptation Strategy and Plan, to be reviewed and if necessary amended every five years. Within two years of publishing the National Adaptation Strategy and Plan, the Minister must also develop and implement a Sector Adaptation Strategy and Plan (to be reviewed and if necessary, amended every five years). Schedule 2 sets out the national departments and state-owned entities required to develop a Sector Adaptation Strategy and Plan, whom must also report progress to the Cabinet Minister for environmental affairs every five years. Section 20 also requires the Minister to publish a Synthesis Adaptation Report for consideration by Cabinet.
Chapter 5 establishes the framework for mitigation, although the targets sit outside of the Act. The Minister, in consultation with the Cabinet, is required to determine the national greenhouse gas emissions trajectory (quantitative targets) and publish this in the Gazette. In the meantime, an emissions trajectory is set out in Schedule 3: greenhouse gas emisisons will peak between 2020-2025 in a range with a lower limit of 398 Megatonnes (109kg) (Mt) CO2-eq and upper limits of 583 Mt CO2-eq and 614 Mt CO2-eq for 2020 and 2025; plateau for up to 10 years after the peak within the range with a lower limit of 398 Mt CO2-eq and an upper limit of 614 Mt CO2-eq; and from 2036 onwards, decline in absolute terms to a range with a lower limit of 212 Mt CO2-eq and an upper limit of 428 Mt CO2-eq by 2050. The trajectory must be reviewed every five years.
Under Section 22, the Minister must, within one year of this Act, publish the greenhouse gas emitting sectors and sub-sectors that are subject to sectoral emissions targets. These must include quantitative and qualitative emissions reduction goals for the first five years, the subsequent five to 1- years and for a 10- to 15-year period thereafter. The Minister responsible for each sector and sub-sector must then, within one year of publication of the sectoral emissions targets, develop and implement policies and measures to achieve those targets.
Sections 23 and 24 require the Minister to determine and allocate carbon budgets to persons that conduct activities that emit greenhouse gases above certain thresholds (determined by the Minister). If allocated a carbon budget, such person must prepare and submit a greenhouse gas mitigation plan for approval. These will be budgets for at least three successive five-year periods and will specify the maximum amount of emissions that may be emitted during the first five-year period. Section 25 also requires the Minister to regulate phasing down or phasing out of synthetic greenhouse gases. Section 26 establishes an institutional arrangement to facilitate creation of a National Greenhouse Gas Inventory and Inventory Report.
Chapter 6 grants powers to the Minister to make additional regulations relating to this Act, and requires public consultation procedures to be followed when implementing multiple provisions of the Act. Section 32 also establishes penalties if a person required to prepare a mitigation plan under Section 24 fails to do so.
