The President signed the long-awaited Climate Change Act into law on 23 July 2024. However, the official commencement of the Act is still to be proclaimed by notice in the Government Gazette. The Act aims to guide South Africa’s just transition towards a low-carbon economy and society and to give effect to the country’s international commitments and obligations related to climate change.
The Act is regarded as a sectoral environmental management act, falling under the provisions of the National Environmental Management Act 107 of 1998 (NEMA). It must therefore be read, interpreted, and applied in conjunction with NEMA.
The Act binds all organs of state and requires each one to review and, if necessary, revise, amend, coordinate, and harmonize their policies, laws, and decisions to consider and give effect to the Act’s objectives.
The Presidential Climate Change Commission will continue to exist and function to advise on the country’s climate change response and in mitigating climate change impacts. The Commission will be accountable to the National Assembly regarding progress in its functions.
The Minister of Forestry, Fisheries, and the Environment will, within one year of the commencement of the Act, publish the national adaptation objectives to guide the country’s adaptation to climate change impacts. Furthermore, the Minister is to determine a national greenhouse gas emissions trajectory and list the greenhouse gas-emitting sectors and sub-sectors subject to sectoral emission targets. The Minister will also allocate a carbon budget to companies that carry out listed activities emitting quantities of greenhouse gases above the quantitative greenhouse emission threshold determined by the Minister.
For more information, please contact info@inlexso.co.za.
August 19, 2024
