Climate Change Bill hailed as ‘landmark response’ to regulatory uncertainty

DFFE Minister Barbara Creecy says the Climate Change Bill will provide the much-needed legal framework to regulate activities that contributed to climate change.Picture Leon Lestrade/Independent Newspapers.

DFFE Minister Barbara Creecy says the Climate Change Bill will provide the much-needed legal framework to regulate activities that contributed to climate change.Picture Leon Lestrade/Independent Newspapers.

Published Apr 30, 2024

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Minister of Forestry, Fisheries and the Environment, Barbara Creecy, has said the newly-passed Climate Change Bill will ensure a just transition and maximise the opportunities afforded to the economy by the global shift to a green economy.

This comes after the National Council of Provinces (NCOP) passed the Bill last week.

Creecy said yesterday the Bill was a landmark response that will provide the much-needed legal framework to regulate activities that contributed to climate change and ensure an effective response in all spheres of government.

“Since 2011, when we outlined South Africa’s response to climate change in our National Climate Change Response White Paper, we have been putting in place the instruments for an integrated response,” Creecy said.

“Now, this Bill will integrate all of these components into a robust legal framework, and mainstream climate action across government,” said Creecy.

The objectives of the Bill are, among other things, to enable the development of an effective climate change response and a long-term just transition to a low-carbon and climate-resilient economy and society for South Africa in the context of sustainable development.

Absa’s Group head of sustainability strategy Ewald Kellerman said the Bill marked a significant advancement in environmental policy.

"This legislation not only reaffirms our commitment to the global objectives set out in the Paris Agreement but also underpins our Nationally Determined Contributions (NDCs).

“The bill encourages the development of adaptation mechanisms to enhance our resilience against the ongoing impacts of climate change,” Kellerman said.

Despite efforts to limit global warming to an ambitious 1.5 degrees Celsius above pre-industrial temperatures, the reality remained that the effects of climate change were already being felt, particularly in water-scarce regions like South Africa, he said.

Recognising the urgency of these challenges, the bill emphasises significant investments in infrastructure and real estate adaptation.

Kellerman noted though that the passing of the Bill did not immediately impact businesses but the introduction of limits, caps, taxes, and penalties could pose transition challenges, particularly for high-emitting sectors during the implementation phase.

“The bill specifically addresses the just energy transition, aiming to harmonise the interests of society and businesses most vulnerable to climate change impacts, with the imperative to tackle these environmental challenges head-on,” he said.

“Internationally, our approach draws parallels with significant legislative measures such as the UK's Climate Change Act of 2008, amended in 2019 to include net-zero emission targets, and the European Union's Green Deal, which also strives for net-zero emissions by 2050.”

The Bill will place the Presidential Climate Commission (PCC) on a formal footing as an independent organ of state to provide advisory on matters of just transition.

The PCC would continue to be headed by the President, which sent a strong signal of South Africa’s commitment to addressing the complex challenges of responding to climate change and the urgency with which this needs to be achieved.

The Bill provides clear frameworks for mitigation, adaptation and a mechanism to support and finance the country’s climate change response.

On mitigation, the Bill provides for a just transition away from the local current carbon-intensive energy system and towards a decarbonised economy and society, while meeting our critical development challenges.

The Bill is proposed to become law in the short term.

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