Climate Action and Low Carbon Development (Amendment) Act 2021

PART 1 Preliminary and General

1. Short title, commencement, construction and collective citation

1. (1) This Act may be cited as the Climate Action and Low Carbon Development (Amendment) Act 2021.

(2) This Act shall come into operation on such day or days as the Minister for the Environment, Climate and Communications may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) The Principal Act and this Act, other than sections 19, 20, 21 and 22, shall be construed together as one Act and may be cited together as the Climate Action and Low Carbon Development Acts 2015 to 2021.

(4) The Act of 1960 and section 21 shall be construed together as one Act and may be cited together as the Petroleum and Other Minerals Development Acts 1960 to 2021.

2. Definitions

2. In this Act—

“Act of 1960” means the Petroleum and Other Minerals Development Act 1960;

“Principal Act” means the Climate Action and Low Carbon Development Act 2015.

PART 2 Amendment of Principal Act

3. Amendment of section 1 of Principal Act

3. Section 1 of the Principal Act is amended—

(a) by the insertion of the following definitions:

“‘administrative area’ has the meaning assigned to it by the Act of 2001;

‘annual report’ has the meaning assigned to it by section 12(1)(b);

‘approved climate action plan’ means a climate action plan approved by the Government under section 4(9);

‘approved national long term climate action strategy’ means a national long term climate action strategy approved by the Government under section 4(9);

‘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;

‘budget period’ has the meaning assigned to it by section 6A(1);

‘carbon budget’ means the total amount of greenhouse gas emissions that are permitted during the budget period;

‘carbon budget programme’ has the meaning assigned to it by section 6A(2);

‘climate action plan’ has the meaning assigned to it by section 4(1)(a);

‘climate neutral economy’ means a sustainable economy and society where greenhouse gas emissions are balanced or exceeded by the removal of greenhouse gases;

‘joint committee’ has the meaning assigned to it by the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013;

‘national climate objective’ has the meaning assigned to it by section 3(1);

‘national long term climate action strategy’ has the meaning assigned to it by section 4(1)(b);

‘provisional carbon budget’ has the meaning assigned to it by section 6A(3);

‘sectoral emissions ceiling’ has the meaning assigned to it by section 6C(1);”,

(b) by the substitution of the following definition for the definition of “emissions”:

“‘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;”,

(c) by the substitution of the following definition for the definition of “removal”:

“‘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;”,

and

(d) by the deletion of the following definitions:

(i) “approved national mitigation plan”;

(ii) “national mitigation plan”;

(iii) “national transition objective”;

(iv) “sectoral mitigation measures”.

4. Limitation of liability

4. The Principal Act is amended by the insertion of the following section after section 2:

“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.”.

5. National climate objective

5. The Principal Act is amended by the substitution of the following section for section 3:

“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 with sections 6B and 6D,

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

(c) a climate action plan in accordance with section 4,

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

(e) a national adaptation framework in accordance with section 5.

(3) The Minister and the Government shall carry out their respective functions under sections 4, 5, 6, 6A, 6B, 6C and 6D in 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 under sections 4, 5 and 6.

(5) The Government may consult with the Advisory Council for the purpose of the performance by them of their functions under sections 4 to 6D.”.

6. Climate action plan and national long term climate action strategy

6. The Principal Act is amended by the substitution of the following section for section 4:

“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 under subsection (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 in subsection (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 under section 6C and 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 in paragraph (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[^1] on 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 under section 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 under subsection (4) or a national long term climate action strategy submitted to them under subsection (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.”.

7. Amendment of section 5 of Principal Act

7. Section 5 of the Principal Act is amended—

(a) by the insertion of the following subsection after subsection (5):

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

and

(b) by the deletion of subsections (7) and (9).

8. Amendment of section 6 of Principal Act

8. Section 6 of the Principal Act is amended—

(a) by the insertion of the following subsection after subsection (1):

“(1A) The Government may request 2 or more Ministers of the Government to jointly make and submit a sectoral adaptation plan under subsection (1) (in this section referred to as a ‘joint sectoral adaptation plan’), in relation to a matter for which such Ministers of the Government share responsibility.”,

(b) in subsection (3)—

(i) by the substitution of “under subsection (1) or (1A) has been made” for “under subsection (1) is made”, and

(ii) by the deletion, in paragraph (c), of “and to paragraphs (a) to (h) of section 7(1)”,

(c) in subsection (4), by the substitution of “under subsection (1) or (1A)” for “under subsection (1)”,

(d) in subsection (5), by the substitution of “under subsection (1) or (1A)” for “under subsection (1)”,

(e) in subsection (7), by the substitution of “A Minister of the Government, or 2 or more Ministers of the Government in the case of a joint sectoral adaptation plan, may,” for “A Minister of the Government may,”,

(f) in subsection (10), by the substitution of “under subsection (1) or (1A)” for “under subsection (1)”, and

(g) by the insertion of the following subsections after subsection (10):

“(11) For the purposes of performing their respective functions under this section, the Minister and the Government shall have regard to the matters specified in section 4(8).

(12) A reference in this Act to a sectoral adaptation plan shall, where the context admits, be construed as a reference to a joint sectoral adaptation plan.”.

9. Carbon budgets

9. The Principal Act is amended by the insertion of the following sections after section 6:

“Preparation of carbon budgets

6A. (1) A carbon budget, consistent with furthering the achievement of the national climate objective, shall be proposed by the Advisory Council, finalised by the Minister and approved by the Government for the period of five years commencing on 1 January 2021 and ending on 31 December 2025 and for each subsequent period of five years (in this Act referred to as a ‘budget period’).

(2) A carbon budget shall be made for three sequential budget periods so that, at any one time, there is a series of three carbon budgets which have effect under section 6B (in this Act referred to as a ‘carbon budget programme’).

(3) The carbon budget relating to the third budget period in a carbon budget programme shall be made in draft form and may be amended in accordance with section 6B (in this Act referred to as a ‘provisional carbon budget’).

(4) The Advisory Council shall prepare and submit a proposed carbon budget programme to the Minister as soon as may be after the coming into operation of section 9 of the Climate Action and Low Carbon Development (Amendment) Act 2021.

(5) The first two carbon budgets proposed by the Advisory Council shall provide for a reduction in greenhouse gas emissions such that the total amount of annual greenhouse gas emissions in the year ending on 31 December 2030 is 51 per cent less than the annual greenhouse gas emissions reported for the year ending on 31 December 2018, as set out in the national greenhouse gas emissions inventory prepared by the Agency.

(5A) (a) The Government shall make regulations for determining the greenhouse gas emissions to be taken into account, and the manner of calculating and accounting for such emissions (including any reductions), for the purpose of—

(i) the first 2 carbon budgets referred to in subsection (5), and

(ii) every carbon budget thereafter.

(b) The Government shall, when making regulations under paragraph (a), have regard to the rules applied by the European Union in relation to the matters referred to in paragraph (a).

(5B) The Government may make regulations to specify the base year in relation to the reduction of greenhouse gas emissions for budget periods after 31 December 2030.

(6) Not less than 12 months prior to the expiry of the first carbon budget in a carbon budget programme, the Advisory Council shall prepare and submit to the Minister—

(a) a proposed carbon budget in respect of the budget period following the third budget period in the carbon budget programme, and

(b) proposed amendments, if any, to the provisional carbon budget.