CLIMATE CHANGE ACT 22 OF 2024: PUBLICATION OF THE DRAFT NATIONAL GREENHOUSE GAS CARBON BUDGET AND MITIGATION PLAN REGULATIONS, WHICH INCLUDE THE DECLARATION OF THE LIST OF GREENHOUSE GASES AND ACTIVITIES FOR PUBLIC COMMENT
Notice Title: Climate Change Act 22 of 2024 (“CCA”): Publication of the Draft National Greenhouse Gas Carbon Budget and Mitigation Plan Regulations, which Include the Declaration of the List of Greenhouse Gases and Activities for Public Comment
Government Notice: GN 6476 in GG 53103 on 1 August 2025
Commencing date: Comments to be submitted on or before 30 September 2025
The Minister of Forestry, Fisheries and the Environment in terms of sections 30(2)(a)(i), 26, 27, 31, and 32 of the CCA, published the draft National Greenhouse Gas Carbon Budget and Mitigation Plan Regulations, which include the declaration of the List of Greenhouse Gases and Activities (the draft Regulations), for public comment.
The draft Regulations set out the requirements necessary for allocating, implementing, and enforcing any approved carbon budget and associated mitigation plans. With respect to carbon budgets, the draft Regulations provide for mandatory allocation; progress tracking; compliance assessment and enforcement. 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.
The draft Regulations apply to all Data Providers as defined in paragraph 1 of these draft Regulations.
Section 26 of the CCA empowers the Minister to develop a list of greenhouse gases which the Minister reasonably believes cause or are likely to cause or exacerbate climate change. The Minister is enabled to also publish a list of activities which emit, or has the potential to emit, one or more of the greenhouse gases as listed in these Regulations.
Once these draft Regulations commence it will the repeal the following Regulations that were published under the National Environmental Management: Air Quality Act, 39 of 2004 (“NEMAQA”):
- Pollution Prevention Plan Regulations published in GNR 712 of 21 July 2017; and
- The list of Greenhouses Gases as Priority Air Pollutants published in GNR 710 of 21 July 2017.
Members of the public are invited to submit comments on or before 30 September 2025. For a copy of the Government Gazette Notice click here: Climate Change Act: Regulations: Technical Guidelines for the National Greenhouse Gars Carbon Budget and Mitigation Plan: Comments invited
For more information or assistance please contact Jan Nel at jan@shangoni.co.za.
