Climate Action and Low Carbon Development Act 2015

1.. Interpretation

1. In this Act—

“Act of 2001” means the Local Government Act 2001;

F1["administrative area" has the meaning assigned to it by the Act of 2001;]

“Agency” means the Environmental Protection Agency;

“adaptation” means any adjustment to—

(a) any system designed or operated by human beings, including an economic, agricultural or technological system, or

(b) any naturally occurring system, including an ecosystem,

that is intended to counteract the effects (whether actual or anticipated) of climatic stimuli, prevent or moderate environmental damage resulting from climate change or confer environmental benefits;

“Advisory Council” has the meaning assigned to it by section 8(2);

F1["annual report" has the meaning assigned to it by section 12(1)(b);]

F1["approved climate action plan" means a climate action plan approved by the Government under section 4(9);]

“approved national adaptation framework” means a national adaptation framework approved by the Government under section 5 and includes any variation or revision of such framework made in accordance with that section;

F1["approved national long term climate action strategy" means a national long term climate action strategy approved by the Government under section 4(9);]

F2[…]

“approved sectoral adaptation plan” means a sectoral adaptation plan approved by the Government under section 6 and includes any variation or revision of such sectoral adaptation plan made by the Government under section 6(8) or a variation or revision of such plan made in accordance with section 6;

F1["biodiversity" means the variability among living organisms from all sources including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part, and includes diversity within species, between species and of ecosystems;]

F1["budget period" has the meaning assigned to it by section 6A(1);]

F1["carbon budget" means the total amount of greenhouse gas emissions that are permitted during the budget period;]

F1["climate action plan" has the meaning assigned to it by section 4(1)(a);]

F1["climate neutral economy" means a sustainable economy and society where greenhouse gas emissions are balanced or exceeded by the removal of greenhouse gases;]

F3["emissions" means, in relation to greenhouse gases, emissions of those gases into the earth’s atmosphere attributable to industrial, agricultural, energy or other anthropogenic activities in the State;]

“establishment day” means the day appointed under section 8(1);

“greenhouse gas” means—

(a) carbon dioxide,

(b) methane,

(c) nitrous oxide,

(d) hydrofluorocarbons,

(e) perfluorocarbons,

(f) sulphur hexafluoride, or

(g) nitrogen trifluoride;

F1["joint committee" has the meaning assigned to it by the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 ;]

“local authority” has the meaning assigned to it by the Act of 2001;

“Minister” means the Minister for the Environment, Community and Local Government;

“mitigation” means any human intervention aimed at reducing harmful influences on the earth’s climate system, including action aimed at reducing emissions and creating or enhancing sinks;

“national adaptation framework” has the meaning assigned to it by section 5(1);

F1["national climate objective" has the meaning assigned to it by section 3(1);]

F1["national long term climate action strategy" has the meaning assigned to it by section 4(1)(b);]

F2[…]

F2[…]

“periodic review” has the meaning assigned to it by section 13;

“periodic review report” shall be construed in accordance with section 13(5);

F1["provisional carbon budget" has the meaning assigned to it by section 6A(3);]

F3["removal" means, in relation to greenhouse gases, the removal of those gases from the earth’s atmosphere through the use of natural or technological solutions, including the creation or enhancement of sinks, or a change of land use, in the State;]

“sectoral adaptation plan” shall be construed in accordance with section 6(1);

F2[…]

“sink” means—

(a) a process or activity (including photosynthesis), whether natural or man made, that contributes to, or assists in, the removal of one or more greenhouse gases from the earth’s atmosphere, or

(b) an ecosystem or a mechanism (whether natural or man made), or part thereof, that contributes to, or assists in, the removal of one or more of such gases from the earth’s atmosphere.

2.. Effect of Act

2. F4[Nothing in this Act, a climate action plan, a national long term climate action strategy, a national adaptation framework, a sectoral adaptation plan, a carbon budget, a sectoral emissions ceiling or a local authority climate action plan] shall operate to affect—

(a) existing or future obligations of the State under the law of the European Union, including—

(i) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001^1 on the assessment of the effects of certain plans and programmes on the environment,

(ii) Council Directive 92/43/EEC of 21 May 1992^2 on the conservation of natural habitats and of wild fauna and flora,

(iii) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003^3 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, and

(iv) Decision No. 406/2009/EC of the European Parliament and of the Council of 23 April 2009 ^4 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020,

(b) existing or future obligations of the State under any international agreement,

(c) any Act of the Oireachtas or instrument made thereunder that gives effect, or further effect, to any such obligation, or

(d) existing or future entitlements of the State or any person under the said law, any such agreement or any such Act of the Oireachtas or instrument.

2A. F5[Limitation of liability

2A.For the avoidance of doubt no remedy or relief by way of damages or compensation is available with respect to or arising out of any failure, of whatever kind, to comply with any provision of this Act or any obligation or duty created thereunder.]

3.. F6[National climate objective

3.(1) The State shall, so as to reduce the extent of further global warming, pursue and achieve, by no later than the end of the year 2050, the transition to a climate resilient, biodiversity rich, environmentally sustainable and climate neutral economy (in this Act referred to as the "national climate objective").

(2) For the purpose of enabling the State to pursue and achieve the national climate objective, the Minister shall make and submit to the Government for approval—

(a) carbon budgets in accordance withsections 6Band6D,

(b) a sectoral emissions ceiling in accordance withsection 6C,

(c) a climate action plan in accordance withsection 4,

(d) a national long term climate action strategy in accordance withsection 4, and

(e) a national adaptation framework in accordance withsection 5.

(3) The Minister and the Government shall carry out their respective functions undersections 4,5,6,6A,6B,6Cand6Din a manner—

(a) that is consistent with the ultimate objective specified in Article 2 of the United Nations Framework Convention on Climate Change done at New York on 9 May 1992, and:

(i) any mitigation or adaptation commitments entered into by the European Union in response or otherwise in relation to that objective;

(ii) the steps specified in Articles 2 and 4(1) of the Agreement done at Paris on 12 December 2015 to achieve that objective, and

(b) which takes account of the most recent national greenhouse gas emissions inventory and projection of future greenhouse gas emissions, prepared by the Agency.

(4) The Minister shall consult with the Advisory Council for the purpose of the performance, by him or her, of his or her functions undersections 4,5and6.

(5) The Government may consult with the Advisory Council for the purpose of the performance by them of their functions undersections 4to6D.]

4.. F7[Climate action plan and national long term climate action strategy

4.(1) The Minister shall, to enable the State to pursue and achieve the national climate objective—

(a) prepare an annual update to the Climate Action Plan 2019 to Tackle Climate Breakdown, published by the Minister on 17 June 2019 (in this Act referred to as a ‘climate action plan’), and

(b) prepare, not less frequently than once every 5 years, a national long term climate action strategy (in this Act referred to as a ‘national long term climate action strategy’).

(2) The Minister shall, when preparing a climate action plan undersubsection (1)(a)—

(a) ensure that the plan is consistent with the carbon budget programme,

(b) set out a roadmap of actions, to include—

(i) sector specific actions that are required to comply with the carbon budget and sectoral emissions ceiling for the period to which the plan relates,

(ii) sector specific actions that are required to address any failure, or projected failure, to comply with the carbon budget and sectoral emissions ceiling for the period to which the plan relates, and

(iii) other actions and measures that are reasonably necessary to support Government policy on climate change, including measures to inform, and promote dialogue with, the public regarding the challenges and opportunities in the transition to a climate neutral economy,

and

(c) consult with—

(i) any other Minister of the Government as he or she considers appropriate, including each Minister of the Government who has responsibility for sector specific actions, and

(ii) the public and such persons as he or she considers appropriate.

(3) The roadmap of actions referred to insubsection (2)(b)shall—

(a) specify measures that, in the Minister’s opinion, will be required for the first budget period in a carbon budget programme,

(b) set out an overview of the policies and, to the extent feasible, measures, that, in the Minister’s opinion, will be required for the second budget period in a carbon budget programme, and

(c) outline potential policies that, in the Minister’s opinion, may be required for the third budget period in a carbon budget programme.

(4) The Minister shall, in each year, commencing with the year 2021, submit a draft of the climate action plan to the Government for approval.

(5) The national long term climate action strategy shall specify the manner in which it is proposed to achieve the national climate objective and shall include—

(a) projected reductions in greenhouse gas emissions and the enhancement of sinks, for a minimum period of 30 years,

(b) projected reductions in greenhouse gas emissions in each of the relevant sectors determined by the Government undersection 6Cand the enhancement of removals in such sectors, for a minimum period of 30 years, and

(c) an assessment of potential opportunities for achieving reductions in greenhouse gas emissions in the sectors referred to inparagraph (b).

(6) When preparing the national long term climate action strategy the Minister shall—

(a) ensure that the strategy is consistent with the carbon budget programme,

(b) have regard to Article 15 of Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018^1on the Governance of the Energy Union and Climate Action, and

(c) consult with—

(i) any other Minister of the Government as he or she considers appropriate, and

(ii) members of the public and such persons as he or she considers appropriate.

(7) The Minister shall, as soon as may be after a draft national long term climate action strategy has been prepared, submit the draft national long term climate action strategy to the Government for approval.

(8) For the purposes of performing their respective functions under this section, the Minister and the Government shall have regard to the following matters:

(a) the need to deliver the best possible value for money consistent with the sustainable management of the public finances and to maximise, as far as practicable, the net benefits to society taking into account the impact of greenhouse gas emissions;

(b) the need to promote sustainable development and restore, and protect, biodiversity;

(c) relevant scientific or technical advice;

(d) climate justice;

(e) any recommendations or advice of the Advisory Council;

(f) the social and economic imperative for early and cost-effective action in relation to climate change;

(g) in so far as practicable, the need to maximise employment, the attractiveness of the State for investment and the long term competitiveness of the economy;

(h) the fact that the means of achieving a climate neutral economy and other measures to enable the State to pursue the national climate objective may not yet be fully identified and may evolve over time through innovation, evolving scientific consensus and emerging technologies;

(i) the role of behavioural change on the part of individuals and different sectors of society in supporting the Government to pursue the national climate objective and the policies and measures required to effect such change;

(j) the risk of substantial and unreasonable carbon leakage as a consequence of measures implemented by the State to pursue the national climate objective;

(k) the requirement for a just transition to a climate neutral economy which endeavours, in so far as is practicable, to—

(i) maximise employment opportunities, and

(ii) support persons and communities that may be negatively affected by the transition;

(l) the protection of public health;

(m) the National Planning Framework (or, where appropriate, the National Spatial Strategy);

(n) the special economic and social role of agriculture, including with regard to the distinct characteristics of biogenic methane;

(o) where a national long term climate action strategy has been approved under this section, the most recent approved national long term climate action strategy;

(p) the 2019 Climate Action Plan or, where a climate action plan has been approved under this section, the most recent approved climate action plan;

(q) where a national adaptation framework has been approved under section 5, the most recent approved national adaptation framework;

(r) where sectoral adaptation plans have been approved undersection 6, the most recent approved sectoral adaptation plans.

(9) The Government may—

(a) approve, or

(b) approve, subject to such modifications as they consider appropriate,

a climate action plan submitted to them undersubsection (4)or a national long term climate action strategy submitted to them undersubsection (7).

(10) The Minister shall, as soon as may be, cause an approved climate action plan and an approved national long term climate action strategy to be laid before the Houses of the Oireachtas.

(11) A Minister of the Government, shall, in so far as practicable, perform his or her functions in a manner consistent with the most recent approved climate action plan and the most recent approved national long term climate action strategy.

(12) In this section—

"carbon leakage" means the transfer, due to climate policies, of production to other countries with less restrictive policies with regard to greenhouse gas emissions;

"National Planning Framework" has the meaning assigned to it in section 20A of the Planning and Development Act 2000 ;

"National Spatial Strategy" means the "National Spatial Strategy: 2002-2020" published by the Government on 28 November 2002, or any document published by the Government which amends or replaces that Strategy.]

5.. National climate change adaptation framework

5. (1) (a) The Minister shall, not later than 24 months after the passing of this Act, make, and submit to the Government for approval, a plan, which shall be known as a national climate change adaptation framework (in this Act referred to as a “national adaptation framework”).

(b) The Minister—

(i) shall review a national adaptation framework approved by the Government under this section not less than once in every period of 5 years, and

(ii) may, having regard to that review and the requirements of adaptation in relation to the effects of climate change, make and submit to the Government for approval, a national adaptation framework.

(2) A national adaptation framework shall—

(a) specify the national strategy for the application of adaptation measures in different sectors and by a local authority in its administrative area in order to—

(i) reduce the vulnerability of the State to the negative effects of climate change, and

(ii) avail of positive effects of climate change that may occur,

and

(b) take into account any existing obligation of the State under the law of the European Union or any international agreement, referred to in section 2.

(3) The Minister shall, before submitting a national adaptation framework to the Government for approval—

(a) publish, in such manner as he or she considers appropriate, a draft of the national adaptation framework that he or she proposes to make,

(b) publish a notice on the internet and in more than one newspaper circulating in the State inviting members of the public and any interested parties to make submissions in writing in relation to the proposed national adaptation framework within such period (not exceeding 2 months from the date of the publication of the notice) as may be specified in the notice, and

(c) have regard to any submissions made pursuant to, and in accordance with, a notice under paragraph (b).

(4) The Government may—

(a) approve, or

(b) approve, subject to such modification as they consider appropriate, a national adaptation framework submitted to them under this section.

(5) The Government may, at any time, vary or revise a national adaptation framework approved by them under this section.

F8[(5A) For the purposes of performing their respective functions under this section, the Minister and the Government shall have regard to the matters specified insection 4(8).]

(6) A national adaptation framework shall be laid before each House of the Oireachtas as soon as may be after it is approved by the Government.

(7) F9[…]

(8) A Minister of the Government shall, in the performance of his or her functions, have regard to a national adaptation framework approved by the Government under this section.

(9) F9[…]

6.. Sectoral adaptation plan