Draft Carbon Budgeting and Emission Mitigation Regulations Published

Posted 01 August 2025 Written by Acts Online
Category Environmental Law

Brought to you by SA Legal Academy: The Department of Forestry, Fisheries & the Environment has gazetted draft national greenhouse gas carbon budgeting and emissions mitigation planning regulations for public comment, alongside associated draft technical guidelines.

In terms of sections 26 and 27 of the Climate Change Act, No. 22 of 2024, the proposed regulations seek to establish the framework for mandatory carbon budgeting and mitigation planning. While the Act was partially commenced by presidential proclamation on 17 March 2025, sections 26(2) to (6) and section 27 were specifically excluded from that proclamation. The finalisation of these draft regulations is required to operationalise those pending provisions.

The draft regulations provide for the following regulatory mechanisms:

  • The allocation of specific carbon budgets to entities identified as ‘significant emitters’;
  • The mandatory preparation and submission of greenhouse gas mitigation plans by these emitters to the relevant authorities; and
  • The implementation of monitoring and reporting requirements to ensure compliance with allocated budgets.

The Department has set a deadline of 30 September 2025 for the submission of public comments on both the draft regulations and the draft technical guidelines. This follows a media statement by Minister Dion George confirming the approval of the regulations for public consultation to support the implementation of the Climate Change Act, No. 22 of 2024.

Click here to view more information on the draft regulations and technical guidelines.

What this means for you, your business, or your clients

  • For yourself: No direct individual compliance obligations; professional awareness is required to advise on the transition from voluntary to mandatory carbon reporting frameworks.
  • For your business: Firms operating in high-emission sectors must evaluate whether they meet the threshold for ‘significant emitters’ and begin preparing internal systems for the mandatory submission of greenhouse gas mitigation plans.
  • For your clients: Clients in the industrial, energy, or manufacturing sectors should be advised of the 30 September 2025 comment deadline and the impending legal requirement to operate within strictly allocated carbon budgets.

Originally published at https://legalacademy.co.za/news/read/carbon-budgetting-emission-mitigation-planning-draft-regulations-out-for-comment

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