Climate Action and Low Carbon Development (Amendment) Act 2021
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Climate action plan and national long term climate action strategy | ||
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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 20181 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.”. | ||