Updated: Friday April 28, 2017/AlJumaa
Sha’ban 02, 1438/Sukravara
Vaisakha 08, 1939, at 05:06:10 PM
The
ACT NO. X OF 2017
[31st March, 2017]
An Act to meet
WHEREAS it is expedient to meet Pakistan’s obligations
under international conventions relating to climate change and to provide for
adoption of comprehensive adaptatioh and mitigation policies, plans,
programmes, projects and other measure required to address the effects of
climate change and for matters connected therewith and ancillary thereto;
It is hereby enacted as follows:---
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(1) This
Act may be called the Pakistan Climate Change Act, 2017.
(2) It extends to the whole of
(3) It shall come into force at once.
2. Definitions. In this Act, unless
there is anything repugnant in the subject or context,---
(a) ”adaptation” means adjustment in natural or
human systems in response to actual or expected climatic stiniuli or their
effects which moderates hai-m or exploits beneficial opportunities;
(b) ”Authority” means the Pakistan Climate Change
Authority established under section 5;
(c) ”Council” means the Pakistan Climate Change
Council established under section 3;
(d) ”climate change” means a change in the
climate system which is caused by significant changes in the concentration of
greenhouse gases as a direct or indirect consequence of human activities and
which is in addition to natural climate change that has been observed during a
considerable period;
(e) ”emissions”, in relation to a greenhouse gas,
means emissions of that gas into the atmosphere caused by human activity;
(f) ”Fund” means the Pakistan Climate Change Fund
established under section 12;
(g) ”Government” means the Federal Government;
(h) ”greenhouse gas” means any gas that
contributes to the greenhouse effect by-absorbing infrared radiation produced by
solar warming of the earth’s surface and includes carbon dioxide, methane,
nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulphur hexafluoride,
nitrogen trifluoride and any other direct or indirect greenhouse gas as
recognized by UNFCCC and IPCC from time to time;
(i) ”mitigation” means efforts that seek to
prevent or slow down the increase of atmospheric greenhouse gas concentrations
by reducing current or future emissions and enhancing potential sinks for
greenhouse gases;
(j) ”prescribed” means prescribed by rules or regulations
made under this Act;
(k) ”regulations” means regulations made under
this Act;
(I) ”rules” means rules made under this Act;
(m) ”Schedule” means a schedule to this Act; and
(n) ”Tribunal” means the Environmental Tribunal
set up under the Pakistan Environmental Protection Act, 1997 (Act No. X)(XIV of
1997) or the provincial environmental protectionlaws.
(2) The expressions and words used but not defined in
this Act shall have the same meaning as in the Pakistan Environmental
Protection Act, 1997 (Act No. XXXIV of 1997).
CHAPTER II
3. Establishment of the Pakistan Climate Change
Council.—(1) The Prime Minister shall, by notification in the official
Gazette, establish a Council to be known as the Pakistan Climate Change Council
consisting of a Chairperson who shall be the Prime Minister or such other
person as the Prime Minister may nominate in this behalf and the following
members, namely:---
(a) Federal Ministers of the Divisions allocated
with the subjects of climate change, finance, agriculture, food security and
research, planning, development and reform, petroleum and natural resources,
science ‘ and technology, water and power and, foreign affair;
(b) Chief Ministers of the Provinces;
(c) Ministers-in-charge of the department
allocated with subject of environment in the Provinces;
(d) such other persons not exceeding thirty as
the Prime Minister may appoint, of which at least twenty shall be
non-officials, including representatives of the Chambers of Commerce and
Industry, non-governmental organizations concerned with climate change, the
environment and development and scientists, researchers, technical experts and
educationists;
(e) Chairman, National Disaster Management
Authority established under the National Disaster Management Act, 2010 (XXIV of
2010);
(f)
(g) Secretary of the Division allocated with the
subject of climate change, who shall also be the Secretary of the Council.
(2) The Council may invite the Prime Minister, Azad
Jammu and
(3) The Division allocated with the subject of climate
change shall act as Secretariat of the Council.
(4) Members of the Council, other than ex-officio
members, shall be appointed in accordance with the prescribed procedure and
shall hold office for a term of three years.
(5) The Council shall hold meetings as and when
necessary, but not less than two meetings shall be held in a year.
(6) The Council May constitute committees of its
members and entrust them with such functions as it may deem -fit and the
recommendations of the committees shall be submitted to the Council for
approval.
(7) The Council or any of its committees may, for
assistance in performance of its functions, invite any technical expert or
representative of any Government Agency or non-governmental organization or
other person possessing specialized knowledge of any subject.
4. Functions and powers of the Council.-(1) The
Council shall,---
(a) co-ordinate and supervise enforcement of the
provisions of this Act;
(b) monitor implementation of international
agreements relating to climate change specified in the Schedule;
(c) coordinate, supervise and guide mainstreaming
of climate change concerns into decision-making by Federal and Provincial
Government’s ministries, divisions, departments and agencies so as to create
enabling conditions for integrated climate-compatible and climate-resilient
development processes in various sectors of the economy;
(d) approve and monitor implementation of comprehensive
adaptation and mitigation policies, strategies, plans, programmes, projects and
other measures formulated by the Authority to meet
(e) monitor implementation of the National
Adaptation Plan and its constituent provincial and local adaptation action
plans, the National Appropriate Mitigation Action Framework and National
Communication submitted to the concerned Secretariat of the United Nations
Framework Convention on Climate Change (UNFCCC);
(f) approve guidelines for the protection and
conservation of renewable and non-renewable resources, species, habitats; and
biodiversity in. general adversely affected or threatened by climate change;
and
(g) consider the National Climate Change Report
and give appropriate directions thereon.
(2) The Council may, either itself or on the request
of any person or organization, direct the Authority or any Government Agency to
prepare, submit, promote or implement projects for adaptation or mitigation of
the adverse effects of climate change, to promote climate-compatible,
climate-resilient and sustainable development or to undertake research in any
aspect of climate change.
CHAPTER III
5. Establishment of the Pakistan Climate Change
Authority.—(1) The Minister-in-charge of the Federal Government shall, by
notification in the official Gazette, establish the Pakistan Climate Change
Authority, hereinafter referred to as the Authority, to exercise the powers and
perform the functions assigned to it under this Act and the rules and
regulations made thereunder.
(2) The Authority shall be a body corporate with
perpetual succession and a common seal and shall, in the said name, be capable
of,---
(a) suing and being sued;
(b) acquiring or disposing of moveable and
immovable property;
(c) borrowing money;
(d) entering into contracts; and
(e) doing or performing all other things or acts
necessary for the proper discharge of its functions under this Act.
(3) The headquarters of the Authority shall be in
6. Composition of the Authority.—(1) The
Authority shall comprise the Chairperson, Member (Adaptation), Member
(Mitigation), Member (Climate Finance), Member (Coordination) and one Member
from each province to be nominated by the respective Provincial
Ministers-in-charge.
(2) The members including Chairperson of the Authority
shall be appointed by the Prime Minister on such terms and conditions as he may
deem fit, keeping in view their qualifications and experience.
(3) The Chairperson and members shall be scientists,
academicians, professionals, serving or retired government servants,
industrialists, agriculturists or other technocrats with at least fifteen year’s
experience in fields related to climate change and the environment, with a
distinguished service recOrd.
(4) If the office of the Chairperson falls vacant for
any reason, the senior-most member shall act as Chairperson till such time as
his successor is appointed.
(5) The Authority shall be properly constituted
notwithstanding a vacancy in the office of the Chairperson or any member.
(6) The Authority may, for assistance in performance
of its functions, invite a representative of any Government Agency or
non-governmental organization or technical expert or other person possessing
specialized knowledge of any subject.
7. Officers and staff of the Authority.—(1) All
professional, technical and administrative officers .and staff of the Authority shall be
appointed by the Authority, or obtained from other Federal or Provincial
Government agencies on deputation basis, and shall be entitled to such salaries,
allowances and other terms and conditions of service as may be prescribed by
regulations.
(2) The Authority shall ensure that all
appointments are made in a transparent manner and adequate and equal treatment
is given to women, minorities and disabled persons.
(3) The officers and staff of the Authority shall have
such powers and. shall perform such functions as may be assigned to them by the
Chairperson.
(4) The officers and staff of the Authority shall act
in accordance with the mandate assigned and the directives given by the
Chairperson.
8. Functions of the Authority.—(1) Functions of
the Authority shall be to,---
(a) formulate, comprehensive adaptation and
mitigation policies, plans, programmes, projects and measures designed to
address the effects of climate change and meet Pakistan’s obligations under
international conventions and agreements relating to climate change and within
the framework of a national climate change policy as may be approved by the
Federal Government from time to time;
(b) establish institutional and policy mechanisms
for implementation of Federal and provincial adaptation and mitigation policies,
plans, programmes, projects and measures, including plans for rehewable energy
and clean technology measures for energy efficiency and energy conservation and
awareness-raising and capacity-building programmes;
(c) prepare suitable, adaptation and mitigation
projects for submission to international and local institutions for funding,
including the Clean Development Mechanism, Global Environmental Facility, Green
Climate Fund and Adaptation Fund;
(d) prepare the National Adaptation Plan and its
constituent provincial and local adaptation action plans, the Nationally
Appropriate Mitigation Action Framework and the Intended Nationally Deterrnined
Contributions, Nationally Determined Contributions and National Communication
to be submitted to the concerned Secretariat of the United Nations Framework
Convention on Climate Change and monitor implementation thereof;
(e) carry out Technology Needs Assessment and
prepare Climate Change Technology Action Plan in accordance with international
best practices for seeking technical and financial support, amongst others,
through the Technology Mechanism;
(f) prepare projects for funding under the
Reducing. Emissions from Deforestation and
(g) prepare the National Climate Change Report
for consideration of the Council;
(h) formulate, and after approval of the Council,
coordinate implementation of low carbon and green growth strategies;
(i) formulate guidelines for the protection and
conservation of renewable and non-renewable resources, species, habitats, and
biodiversity in general which are adversely affected or threatened by climate
change;
(j) advise the Government regarding appropriate
legislative, policy and implementation measures and actions relating to
disaster preparedness, capacity building, institutional strengthening and
awareness raising in relevant sectors affected by climate change;
(k) advise the Government regarding
implementation of international conventions, treaties and agreements on climate
change and the environment to which
(l) design; establish and maintain a
national registry and database on greenhouse gas emissions in accordance with
internationally adopted emissions quantification methodologies, standards and
protocols;
(m) coordinate and monitor implementation of
goals and objectives and fulfill reporting and verification obligations under
international conventions, treaties and agreements;
(n) prepare policy papers and concept notes and
provide technical input for formulating national policy positions for
international conferences or negotiations;
(o) coordinate conduct of research on current and
emerging issues of climate change, particularly assessment of Pakistan’s VII
inerrable ity to climate change, identification of climate change opportunities
and technology transfer, in association with specialized research institutions
and disseminate research findings and outputs to stakeholders;
(p) undertake education and awareness campaigns
and .programs to enhance understanding and awareness of different aspects of
climate change and promote their integration in educational curricula;
(q) work in collaboration with relevant
Government Agencies and nongovernmental organizations and after the conduct of
relevant research and studies, set targets and coordinate actions for the
reduction of greenhouse gas emissions and development of carbon markets;
(r) design programmes providing for incentives
relating to matters of climate change, including incentives for reduced
emissions from deforestation and degradation;
(s) mobilize resources for the purposes of
achieving the objects and purposes of this Act;
(t) regularly publish, update and disseminate, °through
electronic and Other means, climate change strategies, policies, plans,
programmes and other information; and
(u) perform such functions as may be assigned to
it by the Council or by the Government for purposes of this Act.
(2) To assist the Authority in the discharge of its
functions, the Minister-in-Charge of the Federal Government may establish
Advisory Committees for various sectors and appoint as members thereof eminent
representatives of the relevant sector from educational institutions, research
institutes and non-government organizations.
(3) In the discharge of its functions the Authority
shall be guided by, amongst other,---
(a) the latest scientific knowledge and research
relating to climate change in general and renewable energy and clean technology
in particular, environmental considerations, including likely impacts on
ecosystems, bio-diversity and forestry and socio-economic development
objectives, including gender aspects; and
(b) policy advice of the Division allocated with
the subject of climate change.
9. Annual report.—(1) At the end of each
financial year, the Authority shall prepare an annual report, which shall
include,---
(a) a description of its activities;
(b) progress of implementation of major climate
change actions and difficulties relating thereto;
(c) its plans for the next financial year;
(d) audited accounts of the Authority; and
(e) any other relevant information relating to
functions of the Authority.
(2) The report prepared under sub-section (1) shall be
laid by the Minister-in-Charge of the Government before the Majlis-e-Shoora
(Parliament).
10. Powers of the Authority.—(1) The Authority shall
have all the powers necessary to execute its functions under this Act.
(2) Without prejudice to the generality of sub-section
(1), the Authority shall have power to,---
(a) manage, control and administer assets of the
Authority in such manner so as to best serve its functions and the purposes of
this Act;
(b) enter into contracts or establish
partnerships or associate with entities and organizations as it may consider
appropriate to support its functions, provided that agreement with foreign
governments and organizations shall be entered into only with approval of the
Government;
(c) where necessary or on request, provide
services or give guidance to public and private entities in relation to climate
change matters; and
(d) solicit, gather, obtain and verify any
relevant information and data from any Federal or Provincial Ministry, Division
or Department, or any public or private entity in connection with the
performance of the functions of the Authority.
11. Functions and powers of the Chairperson.—(1) The
Chairperson shall be the chief executive of the Authority and shall, with the
assistance of the members,---
(a) perform the functions and exercise the powers
of the Authority; and
(b) discharge such duties and perform such function
§ as are assigned to him by the Council or by the Government.
(2) Until the Council is duly constituted, the
Chairperson shall, subject to such directions as the Government may give from
time to time, perform the functions and exercise the powers of the Council.
(3) The Chairperson may, by general or special order,
delegate any of his functions or powers to officers or staff appointed under
section 7.
12. Pakistan Climate Change Fund.—(1) A fund
to be known as the Pakistan Chin. ate Change. Fund, hereinafter
referred to as the Fund, shall be established.
(2) There shall be paid into the Fund
(a) such monies as may be received by the Fund in
the form of donations, endowments, grants and gifts from whatever source and
specifically designated for the Fund;
(b) such sums of money is may be raised by the
Authority for the execution of the programmes and projects of the Authority;
and
(c) such monies as may, by or under any law, be
payable to the Fund.
(3) The Fund shall be utilized, in accordance with
such procedure as may be prescribed, for
(a) expenditure incurred by the Authority in the
exercise, discharge and performance of its functions;
(b) operational and administration expenses of
the Fund;
(c) financial assistance to suitable adaptation
and mitigation projects and measures designed to combat the adverse effects of
climate change, the sustainable development of resources and for research in
any aspect of climate change; and
(d) any other purpose which in the opinion of the
Council shall help achieve the purposes of this Act.
13. Management of the Fund.—(1) The Fund
shall be managed by the Authority.
(2) In accordance with such procedure and such
criteria as may be prescribed, the Authority shall have the power to,---
(a) sanction financial assistance for eligible
projects in accordance with guidelines framed by the Council;
(b) invest moneys held in the Fund in such
profit-bearing Government. bonds, savings schemes and securities as it may deem
suitable; and
(c) take such measures and exercise such powers
as may be necessary for utilization of,the Fund for the purposes specified in
sub-section (3) of section 12.
(3) The Authority may Constitute committees of its
members to undertake regular monitoring of projects financed from the Fund arid
submit progress reports to the Authority.
(4) The Authority shall prepare an annual report
incorporating its annual audited accounts and performance evaluation based on
the progress reports mentioned in sub-section (3).
MISCELLANEOUS
14. Indemnity. No suit, prosecution or other legal
proceedings shall lie against the Federal and Provincial Governments, the
Council, the Authority, the Chairperson, members, officers, employees, experts,
advisers, committees and consultants of the Federal Government or the
Environmental Tribunal or Environmental Magistrates or any other person for
anything which is in good faith done or intended to be done under this Act or
the rules or regulations made thereunder.
15. Dues recoverable as arrears of land revenue. Any
dues recoverable by the Authority under this Act or the rules or regulations
shall be recoverable as arrears of land revenue.
16. Act to override other laws. The provisions of
this Act shall have effect notwithstanding anything inconsistent therewith
contained in any other law for the time being in force.
17. Power to make rules. The Minister-in-Charge
of the Federal Government may, by notification in the official Gazette, make
rules for carrying out the purposes of this Act, including rules for impIementing
the provisions of the International Agreements relating to climate change,
specified in the Schedule.
18. Power to amend the Schedule. The Minister-in-Charge
of the Federal Government may, by notification in the official Gazette, amend
the Schedule so as to add any entry thereto or modify or omit any entry
therein.
19. Power to make regulations.—(1) For carrying
out the purposes of this Act, the Authority may, by notification in the
official Gazette and with the approval of the Minister-in-Charge of the Federal
Government, make regulations not inconsistent with the provisions of this Act
and the rules made thereunder.
(2) In particular and without prejudice to the
generality of the foregoing power, such regulations may provide for,---
(a) submission of periodical reports, data or
information by any Government agency, local authority or local council in
respect of matters relating to climate change;
(b) preparatiorfof emergency contingency plans
for coping with extreme climatic events, natural disasters and calamities; and
(c) appointment of officers, advisers, experts,
consultants and employees.
(See sections 2, 4, 17 and 18)
1. United Nations Framework Convention on Climate
Change (UNFCCC),
2.
3. The
4. Any other agreement relating to climate change to
which
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