Uganda Act or statute

Parliament of Uganda

National Climate Change Act, 2021

Jurisdiction: Uganda
Structure: 31 provisions
Dates: As at 31 Dec 2021

Source attribution: Source: Uganda Legal Information Institute

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“The Act comes into force on a date to be appointed by the Minister by statutory instrument.”

The Act comes into force on a date to be appointed by the Minister by statutory instrument. This section provides definitions of terms used in the Act, such as "adaptation", "climate change", "greenhouse gas", and named institutions. The Act's purpose is to give specified international instruments the force of law in Uganda and to provide frameworks for monitoring, reporting and verifying climate change impacts and programmes, for adaptation and resilience, for institutional coordination and regulation of climate change activities, and for climate change financing. The Convention, its Protocol and the Agreement listed in Schedules 2, 3 and 4 shall have the force of law in Uganda; provisions of those instruments that apply to developed countries do not apply to Uganda. Requires the Department to develop a Framework Strategy on Climate Change for Uganda within one year of commencement and requires the Framework Strategy to guide Government planning and to specify a range of content (impacts, risks, priorities, measures, mechanisms, vulnerable areas, differential impacts, R&D, education, dissemination and government plans).

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Preliminary - Commencement

The Act comes into force on a date to be appointed by the Minister by statutory instrument.

Section 1

Climate change mechanisms - Participation in climate change mechanisms

The Minister may make regulations prescribing various climate change mechanisms; a project proponent may participate in such mechanisms with Ministerial approval; and the Department must monitor participation and report to the Minister.

Section 9

Institutional arrangements - National Climate Change Advisory Committee

Establishes a National Climate Change Advisory Committee, its composition, duties to provide technical advice, administrative arrangements, chair designation by the Minister, requirement that one third of members be women, and at least four meetings per year.

Section 16

Miscellaneous - Confidentiality

Section 24

Miscellaneous - Regulations

The Minister may make regulations, including for climate-change related procedures, levies, reporting and forms; regulations may prescribe penalties including up to 500 currency points, up to two years imprisonment, and daily additional penalties for…

Section 31

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Showing 31 of 31 provisions

Provision 22Offence 4Commencement 3Interpretation

Part I

Preliminary

§ 1Preliminary - CommencementCommencement

The Act comes into force on a date to be appointed by the Minister by statutory instrument.

Section Commencement Section This Act shall come into force on a date to be appointed by the Minister by statutory instrument.

Section 1Verify source

§ 2Preliminary - InterpretationInterpretation

This section provides definitions of terms used in the Act, such as "adaptation", "climate change", "greenhouse gas", and named institutions.

Section Interpretation Section In this Act, unless the context otherwise requires— “ adaptation ” means adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects which moderates harm or exploits beneficial opportunities; “ adverse effects of climate change ” means changes in the physical environment or biota resulting from climate change which have significant deleterious effects on the composition, resilience or productivity of natural and managed ecosystems or on the operation of socioeconomic systems or on human health and welfare; “ Agreement ” means the Paris Agreement, 2015 set out in Schedule 4 to this Act; “ authorised officer ” means an officer of the Department or any other person acting under the authority of or delegated to act in a particular way by the Commissioner ; “ baseline year ” means a year specified by the Minister in consultation with the Policy Committee on the Environment to be the baseline year for purposes of this Act; “ climate change ” means a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is, in addition to natural climate variability , observed over comparable time periods; “ climate change mechanism ” means a mechanism to contribute to the mitigation of greenhouse gas emissions and support sustainable development and includes cooperative and non-market approaches as defined under article 6 of the Agreement ; “ climate variability ” means variations in the average state and in other statistics of the climate beyond that of individual weather events; “ Commissioner ” means the commissioner responsible for the Department ; “ Committee ” means the Policy Committee on the Environment established under section 6 of the National Environment Act, 2019; “ Convention ” means the United Nations Framework Convention on Climate Change set out in Schedule 2 to this Act; “ currency point ” has the value assigned to it in Schedule 1 to this Act; “ Department ” means the Department responsible for climate change in the Ministry ; “ district ” includes Kampala Capital City and other cities; “ emissions ” means the release of greenhouse gases or their precursors into the atmosphere over a specified area and period of time where the emissions are attributable to human activity; “ greenhouse gas ” means those gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation; “ lead agency ” means a ministry, department, local government or agency of Government which is responsible for undertaking response measures for climate change in accordance with this Act and the National Climate Change Policy; “ loss and damage ” means the negative effects of climate variability and climate change that people have not been able to cope with or adapt to; “ Minister ” means the Minister responsible for climate change matters; “ Ministry ” means the Ministry responsible for climate change ; “ mitigation ” means efforts that seek to prevent or reduce the increase of atmospheric greenhouse gas concentrations by limiting current or future emissions and enhancing potential sinks for greenhouse gases; “ national reference level ” means the reference level for emissions in the base line year prescribed under section 11 ; “ private entity ” includes a body registered under the Companies Act, 2012 or the Non-Governmental Organisations Act, 2016; “ project proponent ” means an individual, a lead agency , or private entity that applies to the Minister for approval to participate in a climate change mechanism referred to in section 9 of this Act; “ Protocol ” means the Kyoto Protocol to the United Nations Framework Convention on Climate Change specified in Schedule 3 to this Act; “ resilience ” means the ability of a system and its component parts to absorb, accommodate, or recover from adverse effects of climate change in a timely and efficient manner through ensuring the preservation, restoration or improvement of the essential basic structures and functions of that system; “ response measures ” means policies, programmes and actions that Uganda undertakes, unilaterally or bilaterally, to reduce its greenhouse gas emissions as a commitment under the Convention , its Protocol and the Agreement ; “ Secretariat ” means the Secretariat established under article 8 of the Convention ; “ sink ” means any process, activity or mechanism which removes a greenhouse gas , an aerosol or a precursor of a greenhouse gas from the atmosphere; “ targeted greenhouse gases ” means carbondioxide (CO 2 ); methane (CH 4 ); nitrous oxide (N 2 O); hydrofluorocarbons (HFCs); perfluorocarbons (PFC s ); sulphur hexafluoride (SF 6 ); Nitrogen Trifluoride (NF 3 ) or any other greenhouse gas declared by the Minister in consultation with the Department , to be a targeted greenhouse gas ; “ verification ” means the process of establishing the accuracy and validity of reports on vulnerabilities and adaptation to the adverse effects of climate change , climate change financing flows and expenditures, and emissions and removals of targeted greenhouse gases ; " Verifier " means a person who is registered to undertake verification ; “ vulnerability ” means the propensity or predisposition to be adversely affected by climate change .

Section 2Verify source

§ 3Preliminary - Purpose of ActProvision

The Act's purpose is to give specified international instruments the force of law in Uganda and to provide frameworks for monitoring, reporting and verifying climate change impacts and programmes, for adaptation and resilience, for institutional coordination and regulation of climate change activities, and for climate change financing.

Section Purpose of Act Section The purpose of this Act is to— give the Convention , its Protocol and the Agreement the force of law in Uganda; provide a regulatory framework for monitoring, reporting and verifying the impact of climate change and the implementation of programmes on climate change ; enhance the ability to adapt to the adverse impacts of climate change , build climate resilience and develop a mechanism for enhancing low greenhouse gas emissions ; provide for the institutional framework to coordinate, supervise, regulate and manage all activities related to climate change ; and provide for climate change financing.

Section 3Verify source

§ 4Preliminary - Convention, its Protocol and the Agreement to have force of law in UgandaProvision

The Convention, its Protocol and the Agreement listed in Schedules 2, 3 and 4 shall have the force of law in Uganda; provisions of those instruments that apply to developed countries do not apply to Uganda.

Section Convention, its Protocol and the Agreement to have force of law in Uganda Section The Convention , its Protocol and the Agreement set out in Schedules 2, 3 and 4 of this Act, respectively shall have the force of law in Uganda. The provisions of the Convention , its Protocol and the Agreement that apply to developed countries are not applicable to Uganda.

Section 4Verify source

Part II

Climate change response measures

§ 5Climate change response measures - Framework Strategy on Climate ChangeCommencement

Requires the Department to develop a Framework Strategy on Climate Change for Uganda within one year of commencement and requires the Framework Strategy to guide Government planning and to specify a range of content (impacts, risks, priorities, measures, mechanisms, vulnerable areas, differential impacts, R&D, education, dissemination and government plans).

Section Framework Strategy on Climate Change Section The Department shall, in developing the Framework Strategy on Climate Change take into account— The Framework Strategy on Climate Change shall— The Department shall, within one year after the commencement of this Act, develop a Framework Strategy on Climate Change for Uganda. The Framework Strategy on Climate Change shall guide Government in planning and budgeting for financing and monitoring of climate change programs and activities. the available scientific and indigenous knowledge on climate change ; the specific resilience and adaptation needs of the vulnerable and marginalised communities; gender and human rights issues; the need to ensure food security; the need to promote sustainable development in Uganda; the loss and damage occasioned by climate change on ecosystems, communities and humankind; the status and trends of the human population in Uganda; the requirements of the National Development Plan relating to climate change ; the expected outcomes of the implementation of climate change responses and measures; and the obligation of Uganda under the Convention , its Protocol and the Agreement . specify the impacts, risks and risk trends of climate change and the assessment of the impacts, risks and risk trends; specify the mitigation and adaptation priorities to be applied; specify the measures to be adopted to strengthen resilience and to reduce vulnerability to climate change ; specify the mechanism for achieving climate-resilient development and low greenhouse gas emissions , and its financing; identify the most vulnerable areas, including the ecosystems and communities without resilience to the impacts of climate change and their variability and extremes; identify the differential impacts of climate change on gender and the vulnerable and marginalised communities; indicate the research and development programmes to be undertaken for enabling the response to climate change ; provide for the education, public awareness and training in climate change matters, all agencies of Government, and the public; provide for the dissemination of information on climate change ; and specify the plans, policies, programmes and actions of Government for responding to climate change . The Framework Strategy on Climate Change shall be reviewed every five years or earlier as may be deemed necessary.

Section 5Verify source

§ 6Climate change response measures - National Climate Change Action PlanCommencement

The Department must develop a National Climate Change Action Plan within one year after the commencement of this Act, in accordance with the Framework Strategy on Climate Change.

Section National Climate Change Action Plan Section The Climate Change Action Plan shall indicate— The Department shall, within one year after the commencement of this Act and in accordance with the Framework Strategy on Climate Change, develop a National Climate Change Action Plan. the actions to be undertaken to assess and manage the impacts, risks, risk trends and vulnerability to climate change ; the responses, measures and actions to be undertaken for achieving adaptation to and mitigation of climate change ; the measures and actions to be undertaken to conserve and enhance sinks and reservoirs of greenhouse gases; the specific resilience , mitigation and adaptation measures, responses and actions to be adopted for ecosystems, gender matters, the vulnerable and marginalised communities and for the variability and extremes of climate change ; and the actions for building resilience to climate change . The National Climate Change Action Plan shall be reviewed every five years or earlier as may be deemed necessary.

Section 6Verify source

§ 7Climate change response measures - Lead Agency Climate Change Action PlanProvision

A lead agency must prepare a Lead Agency Climate Change Action Plan in conformity with the National Climate Change Action Plan and Framework Strategy on Climate Change; the Plan must indicate risk and vulnerability assessment and management, greenhouse gas mitigation potentials, and adaptation options and prioritisation for joint national and local government projects.

Section Lead Agency Climate Change Action Plan Section The Lead Agency Climate Change Action Plan shall indicate— A lead agency shall, in conformity with the National Climate Change Action Plan and Framework Strategy on Climate Change, prepare a Lead Agency Climate Change Action Plan. an assessment and management of risk and vulnerability ; an identification of greenhouse gas mitigation potentials; and options and prioritisation of appropriate adaptation measures for joint projects of national and local governments. The Lead Agency Climate Change Action Plan referred to in sub section (1) shall be reviewed every five years or earlier as may be deemed necessary.

Section 7Verify source

§ 8Climate change response measures - District Climate Change Action PlanProvision

Each district in Uganda must develop a District Climate Change Action Plan within one year of the National Climate Change Action Plan and include specified assessments, strategies, actions and capacity‑building strategy; plans must be consistent with national frameworks; plans must be reviewed every five years or earlier; districts must furnish the Department with a copy within one month after adoption.

Section District Climate Change Action Plan Section A district climate change action plan shall— Each district in Uganda shall develop a District Climate Change Action Plan, within one year after the development of the National Climate Change Action Plan. include an assessment of the current and predicted impact of climate change on the area under the jurisdiction of the district ; include an assessment of the vulnerability impact and the risk of climate change on the areas under the jurisdiction of the district ; include a statement of the strategies, policies and actions for adaptation to and mitigation of climate change ; identify the actions to be undertaken by the district to build resilience to climate change ; and indicate the strategy to be adopted to undertake capacity building for the staff of the district and other stakeholders engaged in climate change related activities. A District Climate Change Action Plan shall apply to the whole district or to any part of a district and a district may develop different action plans to apply to different parts of the district . The District Climate Change Action Plan referred to in subsection (1) shall be consistent with the Framework Strategy on Climate Change referred to in section 5 and the National Climate Change Action Plan referred to in section 6 . The District Climate Change Action Plan shall be reviewed every five years or earlier as may be deemed necessary. A district shall furnish the Department with a copy of its District Climate Change Action Plan and all subsequent amendments, modifications and revisions, within one month after their adoption.

Section 8Verify source

Part III

Climate change mechanisms

§ 9Climate change mechanisms - Participation in climate change mechanismsProvision

Section Participation in climate change mechanisms Section The climate change mechanisms are— The Minister may, by statutory instrument, make regulations prescribing— compliance emissions trading mechanisms; voluntary emissions trading mechanisms; non-market approaches referred to in article 6 of the Agreement ; cooperative approaches referred to in article 6 of the Agreement ; and any other climate change mechanism as may be prescribed by regulations. A project proponent may, with the approval of the Minister , benefit from or participate in a climate change mechanism . The Department shall, as may be prescribed by regulations made under this Act, monitor the participation of a project proponent in a climate change mechanism for conformity to the conditions of approval or any requirement of this Act and submit a report to the Minister . the procedure for approval for participation in a climate change mechanism ; the form of the register for approvals granted to project proponents; and the ownership of emissions reduction units and certified emission reductions as benefits arising from participating in a climate change mechanism .

Section 9Verify source

Part IV

Measuring of emissions, reporting and verification of information

§ 10Measuring of emissions, reporting and verification of information - Measurement of emissionsProvision

Requires the Minister to prescribe standards for measuring and reporting targeted greenhouse gas emissions and removals, and requires each lead agency to develop a baseline of carbon dioxide and other targeted greenhouse gases.

Section Measurement of emissions Section For purposes of the national inventory referred to in section 13(1) , the targeted greenhouse gas emissions , the reductions of those targeted greenhouse gas emissions and the removal of the targeted greenhouse gases from the atmosphere shall be measured or calculated in tonnes of carbondioxide equivalent. The amount of greenhouse gas emissions and the removal of greenhouse gases for a period shall be determined every two years in accordance with the internationally acceptable reporting practice under the Convention , its Protocol and the Agreement . The net emissions for the period, in relation to the targeted greenhouse gas , means the amount of emissions of that gas for the period, reduced by the amount of removals of that gas for that period. The measurements of the national reference level , the targets, emissions , removals and net emissions shall indicate the different measurements of each lead agency in the national inventory referred to in section 13(1) . A lead agency shall develop a baseline of carbondioxide and other targeted greenhouse gas emissions . The Minister shall, by regulations, prescribe the standard format, requirements and methodologies for measurement of emissions and removals of the targeted greenhouse gases .

Section 10Verify source

§ 11Measuring of emissions, reporting and verification of information - National reference levelProvision

The Minister must prescribe national base year, reference level and annual emission-reduction targets (consulting the Committee), may revise the national reference level, and must publish the national reference level in the Gazette.

Section National reference level Section The Minister shall, in consultation with the Committee , prescribe the national base year, reference level and targets for the reduction of greenhouse gas emissions for each year, including targets for each lead agency . The Minister may revise the national reference level from time to time as the Minister may deem necessary. The Minister shall cause to be published the national reference level in the Gazette .

Section 11Verify source

§ 12Measuring of emissions, reporting and verification of information - National reportingProvision

The Commissioner must prepare and deliver annually the national communication report and other required reports to the Committee; the Committee must review them and, if satisfied, recommend the Minister to sign and forward them to the Secretariat; the Minister must annually lay the reports before Parliament.

Section National reporting Section For purposes of complying with article 13 of the Convention , article 8 of the Protocol and article 14 of the Agreement , the Commissioner shall cause to be prepared and delivered to the Committee for its review annually, the national communication report and such other reports as may be required to be submitted to the Secretariat , from time to time. The Committee shall review the national communication report and such other reports and if satisfied with the reports, recommend to the Minister to sign and cause the reports to be forwarded to the Secretariat in the discharge of the national obligations under the Convention , its Protocol and the Agreement . The Minister shall, annually, lay before Parliament all the reports referred to in this section.

Section 12Verify source

§ 13Measuring of emissions, reporting and verification of information - Verification of data and informationProvision

Registered verifiers must verify reports and information submitted to the Department; persons intending to verify must apply to the Commissioner to be registered; unregistered persons must not make verifications or give misleading verification statements; the Minister may, by regulations, prescribe registration requirements, procedure and fees.

Section Verification of data and information Section The information referred to in subsection (1) includes— A person who— All information and reports submitted to the Department by lead agencies, individuals and private entities in accordance with this Act and the national inventory of emissions of carbondioxide and other greenhouse gases into the atmosphere or of the removals of carbondioxide and other greenhouse gases from the atmosphere in Uganda shall be verified by registered verifiers. A person who intends to conduct verification shall apply to the Commissioner to be registered as a verifier. information on mitigation , vulnerabilities and adaptation to the impacts of climate change ; information on climate change financing flows and expenditures; and information on emissions and removals of targeted greenhouse gases . not being registered as a verifier, makes a verification or any oral or written statement that appears to comprise a verification or rejection of information, a report or national inventory referred to in this section; or gives a misleading or wrong oral or written statement comprising of a verification or rejection of information or a report; The Minister may, by regulations, prescribe the requirements, the procedure for registration and the fees payable for registration by a verifier.

Section 13Verify source

Part V

Institutional arrangements

§ 14Institutional arrangements - Department responsible for climate changeProvision

The Department is responsible for coordinating, monitoring and evaluating Government climate-change programmes; developing mechanisms with lead agencies, individuals and private entities for meeting Uganda’s international obligations and benefits under climate agreements; assessing adaptation and mitigation actions; promoting technology transfer and diffusion to reduce greenhouse gas emissions; serving as the national knowledge and information centre on climate change; promoting stakeholder and public participation; providing technical assistance to districts for Climate Change Action Plans; enhancing low-emission and green growth development and related measurement, reporting and verification; building resilience and adaptive capacity; mobilising climate finance; assessing climate risk and identifying mitigation/adaptation options; enhancing education, awareness and outreach; implementing Committee policies and decisions; maintaining relationships with relevant organisations; preparing and communicating nationally determined contributions and a national inventory of greenhouse gas emissions and removals; and performing other activities necessary to discharge its functions.

Section Department responsible for climate change Section The Department shall— In the performance of its functions under subsection (1) , the Department shall— in collaboration with lead agencies, individuals and private entities, develop a mechanism to— ensure that Uganda meets her obligations and realises her benefits under the Convention , its Protocol and the Agreement ; and coordinate, monitor and evaluate Government programmes and actions of Government on climate change . assess adaptation and mitigation actions of lead agencies, individuals and private entities to identify potential synergies and develop co*benefits to guide national prioritisation of climate change actions; promote the development, application and diffusion, including transfer of technologies, practices and processes that control, reduce or prevent anthropogenic emissions of greenhouse gases in all relevant sectors; serve as the national knowledge and information management centre for collating, verifying, refining, and disseminating knowledge and information on climate change ; promote multi stakeholder participation and public participation in developing adequate responses to climate change and its adverse effects; provide districts with technical assistance and information in support of District Climate Change Action Plans; enhance low greenhouse gas emission and green growth development and coordinate related measurement of, reporting on, and verification of emissions ; build resilience to climate change and enhance adaptive capacity; optimise the opportunities of Uganda to mobilise climate change finance; assess climate risk in relation to the human systems and identify appropriate options for mitigation and adaptation to climate change ; and enhance educational and public awareness, communication and outreach programmes on climate change and its adverse effects. implement the policies and decisions of the Committee ; establish and maintain a relationship with national, regional and international organisations, institutions and agencies as may be appropriate for the implementation of this Act and the National Climate Change Policy; prepare, communicate and maintain successive nationally determined contributions that Uganda intends to achieve as required by article 4 of the Agreement ; and a national inventory of anthropogenic emissions by sources and removals by sinks of all greenhouse gases; and perform any other activity necessary to facilitate the discharge of its function.

Section 14Verify source

§ 15Institutional arrangements - Policy Committee on EnvironmentProvision

The Policy Committee on Environment shall, for the purposes of the Act, advise the Department and lead agencies on implementation, make policies and decisions for implementation by the Department, receive and review the biennial climate change report and make recommendations where necessary, and review reports under section 12 for international compliance.

Section Policy Committee on Environment Section The Policy Committee on Environment established under the National Environment Act, 2019 shall, for the purposes of this Act— advise the Department and lead agencies on the implementation of this Act and the National Climate Change Policy; make policies and decisions for implementation by the Department as provided for under section 14(2)(g) ; receive and review the biennial report on climate change prepared by the Department and, where necessary, make recommendations to the Department ; and review the reports referred to in section 12 for purposes of compliance with international obligations.

Section 15Verify source

§ 16Institutional arrangements - National Climate Change Advisory CommitteeProvision

Section National Climate Change Advisory Committee Section The Minister shall constitute a National Climate Change Advisory Committee comprised of technical experts from the fields of— In execution of its mandate, the National Climate Change Advisory Committee shall— energy and minerals, environment and natural resources, works and transport, science and technology, agriculture or any other relevant field as may be determined by the Minister ; and four other persons from the National Planning Authority, academia, private sector and civil society. At least one third of the members constituting the National Climate Change Advisory Committee shall be women. The National Climate Change Advisory Committee shall provide independent technical advice to the Committee and the Minister on climate change science, technologies, interventional programs on climate change and best practices for risk assessment, enhancement of the adaptive capacity to potential impacts of climate change and establishment and achievement of the set targets. advise on assessments of climate change impacts at the sectoral level for given priorities identified in the climate change programs; advise on the identification of priorities and strategies for adaptation and mitigation programs; advise on the technical implementation of climate change programs and initiatives; analyse climate change impacts and implications on the environment, agriculture, land use, fisheries and other sectors; advise on appropriate policies, laws and measures for effective implementation of adaptation and mitigation ; and advise on new developments and technologies and anticipate emerging developments and trends in climate change research. The Department shall be the administrative office of the National Climate Change Advisory Committee . The Minister shall designate the chairperson of the National Climate Change Advisory Committee . The National Climate Change Advisory Committee shall meet at least four times a year.

Section 16Verify source

§ 17Institutional arrangements - Lead agenciesOffence

Lead agencies must establish climate change mitigation and adaptation standards relevant to their mandates; designate adequately resourced coordinating units; conduct prescribed public consultations; may request data from regulated private entities or individuals; breaches are offences punishable by up to five thousand currency points or up to five years imprisonment; responsible company officers are deemed also to have committed the offence.

Section Lead agencies Section A lead agency shall, in relation to its mandate, establish measures to— build economic and social resilience to climate change for the fragile ecosystems, communities and concerned persons by— There shall be, for the purposes of this Act, lead agencies which shall establish mitigation , adaptation and compatibility standards, measures and performance levels for responding to the climate change matters which relate to the mandate of the respective lead agencies. reduce the vulnerability of the fragile ecosystems, communities and concerned persons to the adverse effects of climate change ; undertaking vulnerability and impact assessments including baselines of vulnerability and risk, adaptive capacity, technology needs, gender and human rights, to inform decision making on adaptation ; promoting diversification to reduce over dependence on resources that are sensitive to climate; establishing alternative livelihoods systems amongst the most vulnerable communities; enhancing adaptive capacities of communities and fragile ecosystems; and establishing social protection tools for disaster risk reduction and climate change adaptation . enhance development and dissemination of technology for climate change adaptation ; and allocate financial resources for climate change resilient investments. A lead agency shall designate a unit to coordinate the mainstreaming of the climate change action plans and other climate change statutory functions. The unit designated by a lead agency shall be adequately resourced. For the purposes of establishing measures, standards and performance levels, a lead agency shall conduct public consultations using the procedure prescribed by regulations made by the Minister under this Act. In the performance of its functions, a lead agency shall have the power to request for data or any other information from a private entity or an individual that carries on an activity regulated by that lead agency . A person who contravenes or fails to comply with or causes or allows any person to contravene or to fail to comply with this section commits an offence and is liable, on conviction, to a fine not exceeding five thousand currency points or to a term of imprisonment not exceeding five years, or both. Where an offence referred to in subsection (7) is committed by a private entity , a director, secretary or any other person in a position of control in that private entity shall be deemed to have committed the offence together with the private entity .

Section 17Verify source

§ 18Institutional arrangements - District department responsible for climate changeProvision

The Natural Resources Department of a district must implement the District Climate Change Action Plan and carry out specified functions including liaison, awareness promotion, technical assistance, record‑keeping, secretariat duties, participation in local law development, monitoring and reporting, coordination through the Ministry, annual reporting, and other incidental functions.

Section District department responsible for climate change Section For purposes of this Act, the Natural Resources Department shall be responsible for the implementation of the District Climate Change Action Plan and, in particular shall— The Natural Resources Department of a district is designated as the department responsible for climate change matters in the district . liaise with the Department and, where applicable, with the District Environment and Natural Resources Committee and the lower local governments climate change committees on all matters relating to climate change ; promote awareness and literacy on climate change ; provide technical assistance to the District Environment and Natural Resources Committee and the lower local governments climate change committees, where applicable, in the performance of their functions as provided for in this Act; keep a record of information on climate change and serve as the secretariat to the District Environment and Natural Resources Committee and the lower local government climate change committees, where applicable; participate in the development of ordinances and bye-laws relating to climate change in the district ; monitor compliance with this Act and report to the Department ; coordinate with the Department , through the Ministry responsible for local governments, on the issues relating to climate change in the district ; prepare and submit an annual report on the implementation of the District Climate Change Action Plan to the District Environment and Natural Resources Committee for review; and do any other thing incidental to the performance of the functions in this section.

Section 18Verify source

§ 19Institutional arrangements - District Committee responsible for climate changeProvision

The District Environment and Natural Resources Committee (established under section 27 of the National Environment Act, 2019) is designated as the district committee responsible for climate change and must integrate climate change into district plans and budgets, coordinate cross-sector and lower-level activities, assist with ordinances and byelaws, disseminate information, coordinate with the District Natural Resources Department, and monitor and evaluate climate activities.

Section District Committee responsible for climate change Section For the purposes of this Act, the District Environment and Natural Resources Committee is responsible for— The District Environment and Natural Resources Committee established under section 27 of the National Environment Act, 2019 is designated as the Committee responsible for climate change matters in the district . integrating climate change matters within the development plans, projects and budgets of the district for approval by the district council; coordinating the activities relating to climate change that are common to more than one sector within the district ; providing assistance in the development and formulation of ordinances and byelaws relating to climate change in the district ; disseminating information on climate change through education and outreach programmes; coordinating with the District Natural Resources Department on all issues relating to climate change within the district ; coordinating the activities of lower local government environment committees on matters of climate change ; and monitoring and evaluating the implementation of climate change activities within the district .

Section 19Verify source

§ 20Institutional arrangements - Lower local government committees responsible for climate changeProvision

Local governments must appoint lower local government climate change committees, and those committees are responsible for implementing the District Climate Change Action Plan and related adaptation, mitigation, awareness, mobilisation, monitoring, reporting and other duties within their local jurisdictions.

Section Lower local government committees responsible for climate change Section For the purposes of this Act, the lower local governments climate change committees shall be responsible for— A local government shall, on the advice of the District Environment and Natural Resources Committee , appoint lower local government climate change committees responsible for climate change in their local jurisdictions. the implementation of the District Climate Change Action Plan at the municipal, town, division, county, sub-county, parish and village levels, as the case may be; preparing work plans for climate change adaptation and mitigation activities within their local jurisdictions for purposes of implementing the District Climate Change Action Plan; conducting education and awareness campaigns on climate change within their local jurisdiction; mobilising the people within their local jurisdiction to implement climate change adaptation and mitigation measures and actions; monitoring and evaluating of climate change risks, adaptation and mitigation activities within their local jurisdiction; reporting any events or activities which negatively affect or are likely to negatively affect the implementation of climate change adaptation and mitigation actions and measures; and carrying out such other duties as may be prescribed by the district council or urban council in consultation with the District Natural Resources Department .

Section 20Verify source

Part VI

Financing

§ 21Financing - Financing for climate changeProvision

The Minister responsible for finance must provide for climate change financing and the Minister must, in consultation with the Minister responsible for finance, make regulations setting procedures for accessing that financing.

Section Financing for climate change Section The Minister responsible for finance shall, in consultation with the Minister , provide for climate change financing, taking into account— The financing shall be for purposes of— viable climate change financing mechanisms at the national level; and international climate change financing mechanisms referred to in article 9 of the Agreement . research, data collection on climate change and systematic observation of climate change , taking into account the need to minimize duplication of effort; financing projects for implementation of climate change actions and measures, including specific technologies, materials, equipment, techniques or practices necessary to implement such projects; and providing grants, loans and incentives to individuals, private entities and local governments for climate change research and innovation in industry, technology, science, academia and policy formulation. The Minister , in consultation with the Minister responsible for finance shall, by statutory instrument, make regulations setting out procedures for accessing the financing referred to in this section.

Section 21Verify source

§ 22Financing - Incentives for climate change actionsProvision

The Minister may provide incentives to persons implementing adaptation and mitigation response measures (in consultation with the Minister responsible for finance), and the Minister must make regulations specifying the nature of incentives and conditions for their grant or withdrawal.

Section Incentives for climate change actions Section The Minister , in consultation with the Minister responsible for finance, may provide incentives to persons engaged in implementing response measures for adaptation and mitigation . The Minister shall, for the purposes of subsection (1) , make regulations prescribing the nature of incentives, the conditions for the grant or withdrawal of incentives and such other matters related to incentives, as may be necessary for the exercise of the power conferred under subsection (1) .

Section 22Verify source

Part VII

Miscellaneous

§ 23Miscellaneous - Duties of private entities and individualsProvision

The Minister must make regulations prescribing climate change obligations for private entities and individuals, required mitigation and adaptation planning activities, reporting procedures on performance, and mechanisms for monitoring and evaluating compliance with the Act.

Section Duties of private entities and individuals Section The Minister shall make regulations prescribing— climate change obligations on private entities, and individuals; activities for which private entities, and individuals shall be required to prepare mitigation and adaptation plans; the nature and procedure for reporting on the performance of private entities and individuals with regard to the obligations imposed by the Minister under this section; and mechanisms for monitoring and evaluating compliance with the Act.

Section 23Verify source

§ 24Miscellaneous - ConfidentialityOffence

The provision limits use of information submitted to the Department or lead agency to specified preparatory purposes, prohibits authorised officers from disclosing certain business or financial information obtained in official duties except in specified circumstances, and creates an offence punishable by a fine (up to one thousand currency points), imprisonment (up to four years), or both.

Section Confidentiality Section The information or data submitted to the Department or lead agency shall not be used for any purpose other than for the preparation of— Subsection (1) does not apply to a disclosure made by an authorised officer where the disclosure— An authorised officer shall not disclose to any individual or private entity any information acquired by the authorised officer in the course of official duties relating to the financial affairs, plant or equipment of an individual or private entity . biennial report referred to in section 27 ; communication required under article 13 of the Convention ; and national communications, biennial reports and biennial update reports required under article 13 of the Agreement . A person who contravenes subsection (1) or (2) commits an offence and is liable, on conviction, to a fine not exceeding one thousand currency points or to a term of imprisonment not exceeding four years, or both. is done in the course of carrying out his or her official duties; is authorised by the person to whom the duty of confidentiality is owed; is authorised by law; or is required by a court or other lawfully constituted authority.

Section 24Verify source

§ 25Miscellaneous - Indemnity from personal liabilityProvision

The Minister, the Commissioner or an authorised officer is not personally liable for acts done in good faith when exercising powers or performing functions under this Act; however, the Government remains liable to pay compensation or damages to any person for injury, loss of property or interests caused by exercise of powers or by their failure or omission to act.

Section Indemnity from personal liability Section The Minister , the Commissioner or an authorised officer shall not be personally liable in respect of any act done in good faith in the exercise of the powers or in the performance of the functions under this Act. Subsection (1) shall not relieve the Government of the liability to pay compensation or damages to any person for any injury, loss of property or interests caused by the exercise of any power conferred by this Act or by the failure or omission, wholly or partially of the Minister , the Commissioner or an authorised officer to act.

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§ 26Miscellaneous - Litigation on climate changeProvision

Allows any person to apply to the High Court for relief relating to actions or omissions that threaten adaptation or mitigation of climate change and empowers the High Court to grant orders including prevention, compulsion to act or compensation.

Section Litigation on climate change Section The High Court may, in addition to any other orders it may deem appropriate, make orders to— A person may apply to the High Court for relief against the Government, an individual or a private entity whose action or omission threatens or is likely to threaten efforts towards adaptation to or mitigation of climate change . prevent, stop or discontinue the act or omission that is the subject of the application; compel the Department , lead agency or any person to take measures to reverse the act or perform the act that was omitted; or provide compensation to a person that has suffered loss or damage as a result of the act or omission. A person may apply to the High Court under subsection (1) notwithstanding that that person cannot prove that the act or omission of the Department , lead agency , individual or private entity has caused or is likely to cause personal harm or injury to that person or any other person.

Section 26Verify source

§ 27Miscellaneous - Biennial reportOffence

Requires the Department to submit a biennial climate change report to the Minister, who must send it to Cabinet; Cabinet may direct non-compliant persons/agencies to comply; Minister to lay approved report before Parliament; Parliament to make recommendations within three months; report to be disseminated; failure to comply with Minister's directive is an offence punishable by fine or imprisonment.

Section Biennial report Section The Department shall submit a biennial report on climate change to the Minister who shall submit it to Cabinet for consideration and approval by 30 th September of the year immediately following the year in which the report is due. The Cabinet may, after consideration of the biennial report on climate change , direct the Minister to require any person or lead agency that has not complied with any directive of the Department to comply with the directive. The Minister shall, upon approval of the biennial report on climate change by Cabinet, lay it before Parliament. Parliament shall, within three months after receiving the biennial report on climate change , make recommendations to the Minister . The report shall be disseminated to the public. A person who fails to comply with the Minister 's directive in subsection (2) commits an offence and is liable, on conviction, to a fine not exceeding five hundred currency points or a term of imprisonment not exceeding one year, or both.

Section 27Verify source

§ 28Miscellaneous - Reporting by lead agenciesProvision

Lead agencies must submit an annual report to the Department on implementation of climate-response standards; if a report shows unsatisfactory performance the Department must investigate and report findings to the Minister within forty five days of receipt.

Section Reporting by lead agencies Section A lead agency shall, every year, submit to the Department , a report on the status of implementation of the standards, measures and performance levels for responding to climate change as established by the respective lead agencies. Where the report of a lead agency discloses unsatisfactory performance, the Department shall, within forty five days of receipt, undertake investigations and report its findings to the Minister .

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§ 29Miscellaneous - Integration of climate change into the curriculumProvision

The Ministry responsible for education must ensure climate change education and research are integrated into the national curriculum.

Section Integration of climate change into the curriculum Section The Ministry responsible for education shall ensure that climate change education and research are integrated into the national curriculum.

Section 29Verify source

§ 30Miscellaneous - Amendment of the Public Finance Management Act, 2015Amendment

The Minister must, in consultation with the Chairperson of the National Planning Authority, issue a certificate that the Budget Framework Paper is climate change responsive and has adequate allocation for climate change measures; the Minister and the Chairperson must evaluate all votes of the Budget Framework Paper before issuing that certificate.

Section Amendment of the Public Finance Management Act, 2015 Section The Public Finance Management Act, 2015 is amended in section 9 by— inserting in subsection (1), immediately after the word “development” the words “ climate change ,”; and inserting immediately after subsection (6) the following— “ (6a) The Minister shall, in consultation with the Chairperson of the National Planning Authority, issue a certificate certifying that the Budget Framework Paper is climate change responsive and contains adequate allocation for funding climate change measures and actions. (6b) The Minister and the Chairperson of the National Planning Authority shall evaluate all votes of the Budget Framework Paper before issuing the certificate referred to in subsection (6a).” The Minister shall, in consultation with the Chairperson of the National Planning Authority, issue a certificate certifying that the Budget Framework Paper is climate change responsive and contains adequate allocation for funding climate change measures and actions. The Minister and the Chairperson of the National Planning Authority shall evaluate all votes of the Budget Framework Paper before issuing the certificate referred to in subsection (6a).”

Section 30Verify source

§ 31Miscellaneous - RegulationsOffence

Section Regulations Section Without prejudice to the general effect of subsection (1) , the Minister may make regulations for— Regulations made under this section may prescribe, in respect of a contravention of the regulations— The Minister may, by statutory instrument, make regulations for the better carrying into effect of the provisions of this Act. the procedure and criteria for participation in climate change mechanisms; levies or fees to be paid by any project proponent ; the procedures and modalities for measurement of emissions and removals of greenhouse gases for the national inventory; information to be included in the biennial report; prescribing forms; and reporting by lead agencies on the implementation of standards, measures and performance levels for responding to climate change . a penalty not exceeding five hundred currency points or imprisonment not exceeding two years, or both; in the case of a continuing contravention, an additional penalty not exceeding ten currency points in respect of each day or part of a day on which the offence continues; or that the court may require the forfeiture of anything used in the commission of the offence.

Section 31Verify source

Legislative relationships

4 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

Act The Act
Section 3
District Climate Change Act
Sections 14, 18, 20

N–S

2 instruments

National Environment Act, 2019
Sections 2, 19
Public Finance Management Act, 2015
Section 30

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31 Dec 2021 · currentEnglish

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