Magistrates' Courts "Lower Courts" Act, 1944
R 385
Climate Change Act, 2024 (Act No. 22 of 2024)Chapter 5 : Greenhouse Gas Emisssions and Removals26. Listed greenhouse gases and activities |
| (1) | The Minister must, by notice in the Gazette, publish a list of greenhouse gases which the Minister reasonably believes cause or are likely to cause or exacerbate climate change. |
| (2) | The Minister must, by notice in the Gazette, publish a list of activities which emit, or has the potential to emit, one or more of the greenhouse gases listed in terms of subsection (1). |
| (3) | A notice published in terms of subsection (2)— |
| (a) | must apply to greenhouse gas emitting activities which have already commenced and new greenhouse gas emitting activities; |
| (b) | must determine quantitative greenhouse gas emission thresholds expressed in carbon dioxide equivalent to identify persons to be assigned a carbon budget, in terms of section 27(1), and who are required, in terms of section 27(4), to submit greenhouse gas mitigation plans to the Minister; |
| (c) | must specify that the notice does not apply to listed activities which emit quantities of greenhouse gases below the quantitative greenhouse gas emission thresholds determined in terms of paragraph (b); |
| (d) | may contain transitional provisions and other special arrangements in respect of the activities contemplated in paragraph (a); and |
| (e) | must determine the date on which the notice takes effect. |
| (4) | The thresholds contemplated in subsection (3)(b)— |
| (a) | must be expressed in carbon dioxide equivalents for carbon budgets and greenhouse gas mitigation plans and shall be applicable at company level based on operational control; |
| (b) | must be based on the availability of feasible mitigation technology; and |
| (c) | must take into account any opportunities and constraints to implementation of policies and measures. |
| (5) | The Minister may review the lists published in terms of subsections (1) and (2) in line with the requirements of national and international mitigation goals for the purposes of determining whether such lists require revision and amendment, including when the need for such review is demonstrated by— |
| (a) | monitoring and evaluation results; |
| (b) | technological advances; |
| (c) | the best available science, evidence or information; |
| (d) | the Republic’s international commitments and obligations; or (e) opportunities and constraints to implementation of policies and measures. |
| (6) | In the event that a review undertaken in terms of subsection (5) indicates the need for revision and amendment of one or both of the lists, the Minister may, by notice in the Gazette, revise and amend the relevant list, by— |
| (a) | adding or removing greenhouse gases from the greenhouse gases list; |
| (b) | adding or removing activities from the activities list; or |
| (c) | making other changes to the particulars on the list, such as the applicability of greenhouse gases to certain activities. |
