The government has taken a giant leap in implementing the Climate Change Act by publishing carbon budget and mitigation planning regulations, with imprisonment and hefty financial fines on the cards for companies and individuals found in transgression.
The publication of the regulations marks a major advancement in SA’s climate strategy. The regulations have been years in the making.
In a government notice on Friday, the department of forestry, fisheries & the environment laid out draft regulations setting out how the country’s major emitters will be allocated carbon budgets, with a requirement to submit their mitigation plans.
In the foreword to the regulations, minister Dion George invited members of the public to comment on the draft regulations by end-September.
“The draft regulations set out requirements necessary for allocating, implementing and enforcing any approved carbon budget and associated mitigation plan,” George said.
“With respect to carbon budgets, the draft regulations provide for mandatory allocation, progress tracking, compliance assessment and enforcement,” he said. “With respect to mitigation plans, the draft regulations provide for mandatory implementation of interventions, and mechanisms for the department to monitor and evaluate the effectiveness of the plans.”
President Cyril Ramaphosa proclaimed the Climate Change Act in March. It lays the foundation for a green economy that is resilient, inclusive and future-focused.
However, despite the act having come into operation in March, the commencement of certain provisions of the act was deferred to a later date to give the department time to develop a set of regulations that will enable implementation of these provisions, a process the department has now concluded.
The regulation states a carbon budget must specify the maximum amount of greenhouse gas emissions that may be emitted during the first commencement period and the mitigation plan must align with carbon budget allocations.
A “competent authority” will have the right to either reject or accept the mitigation plan. If the mitigation plan is rejected, the government can direct an entity to amend the plan.
Companies will be required to submit annual progress reports, which must include details on the mitigation measures that were implemented for all facilities and emission sources for which mitigation measures were declared in the mitigation plan.
Companies will be found guilty of an offence if they fail to submit carbon budgets and mitigation plans. Entities will also fall foul of the law if they do not submit annual progress plans and if they fail to implement recommended remediation identified by an independent verifier, with imprisonment and hefty financial fines on the cards.
The regulations are meant to align with the act, support SA’s Paris Agreement targets and limit national emissions to 350-million tonnes to 420-million tonnes of carbon dioxide equivalent by 2030.
The regulations were published alongside the accompanying declaration of the list of greenhouse gases and activities and associated technical guidelines.
The framework is essential for implementing the Climate Change Act and meeting Paris Agreement commitments by setting clear carbon budgets and mandatory mitigation plans for top emitters. Eskom and Sasol are SA’s largest emitters, with steel producer ArcelorMittal also a large polluter, with mining groups.
Some of the greenhouse gases listed in the regulations include carbon dioxide, methane, nitrous oxide and sulphur hexafluoride.
The regulations show that listed activities for the allocation of mandatory carbon budgets include coal mining, production and refining of crude oil, production of synthetic fuels from coal or gas, cement production and iron and steel production.
The technical guidelines state that a carbon budget must reflect the maximum amount of greenhouse gases the company is allowed to emit based on operational control.
“The company must be able to attribute portions of the overall carbon budget to each of its facilities,” the guideline reads.
“As such the company must ensure that emissions from individual facilities are monitored and reported in a manner that aligns with the overall budget and that the responsibility for emissions reduction is distributed appropriately.”
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.