Mauritius
Climate Change Act, 2020
Act 11 of 2020
- Published in Government Gazette 145 on 28 November 2020
- Assented to on 27 November 2020
- Commenced
- [This is the version of this document from 28 November 2020.]
Part I – Preliminary
1. Short title
This Act may be cited as the Climate Change Act 2020.2. Interpretation
In this Act—“adaptation”, in relation to climate change, means adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities;“adverse effects of climate change” means changes in the physical environment or biota resulting from climate change which have significant deleterious effects on the composition, resilience or productivity of natural and managed ecosystems or on the operation of socio-economic systems or on human health and welfare;“Chief Commissioner” means the Chief Commissioner referred to in the Rodrigues Regional Assembly Act;“climate change” means a change of climate which is attributed, directly or indirectly, to human activity which alters the composition of the global atmosphere and which is, in addition to natural climate variability, observed over comparable time periods;“Commission” means the Commission responsible for the subject of environment in Rodrigues;“Commissioner” means the Commissioner to whom responsibility for the subject of environment is assigned in Rodrigues;“Council” means the Inter-Ministerial Council on Climate Change referred to in section 4;“Department” means the Department of Climate Change referred to in section 8;“Director” means the Director of the Department;“Doha amendment to Kyoto Protocol” means the Doha amendment to Kyoto Protocol, adopted at Doha on 8 December 2012;“emission” means the emission of greenhouse gas, into the atmosphere, which is attributable to human activity;“greenhouse gas”, referred to in Annex A of the Kyoto Protocol and the Doha amendment to the Kyoto Protocol, means—(a)carbon dioxide (CO2);(b)methane (CH4);(c)nitrous oxide (N2O);(d)hydrofluorocarbons (HFCs); and(e)such other gas as may be prescribed;“Kyoto Protocol” means the Kyoto Protocol to the United Nations Framework Convention on Climate Change, adopted at Kyoto on 11 December 1997;“Minister” means the Minister to whom responsibility for the subject of climate change is assigned;“Ministry” means the Ministry responsible for the subject of climate change;“mitigation”, in relation to greenhouse gas, means human intervention to reduce the emission of greenhouse gas by sources or enhancing its removal from the atmosphere by sinks;“National Climate Change Adaptation Strategy and Action Plan” means the action plan formulated under section 13;“National Climate Change Mitigation Strategy and Action Plan” means the action plan formulated under section 14;“National Inventory Report” means the report referred to in section 15(1)(b);“Paris Agreement” means the Paris Agreement adopted at Paris on 12 December 2015;“sink” means any process, activity or mechanism which removes a greenhouse gas, an aerosol or a precursor of a greenhouse gas from the atmosphere;“supervising officer” means the supervising officer of the Ministry;“sustainable development” means meeting the needs of the present without compromising the ability of future generations to meet their own needs;“UNFCCC” means the United Nations Framework Convention on Climate Change, adopted at New York on 9 May 1992.3. Application of Act
This Act shall bind the State.Part II – Inter-Ministerial Council on Climate Change
4. The Council
5. Objects of Council
The Council shall set national objectives, goals and targets with a view to making Mauritius a climate change-resilient and low emission country.6. Functions and powers of Council
7. Functions and powers of Minister
Part III – Department of Climate Change
8. Department of Climate Change
9. Director
10. Staff of Department
Part IV – Climate Change Committee
11. Climate Change Committee
12. Meetings of Climate Change Committee
Part V – Climate change measures
A – National Climate Change Adaptation Strategy and Action Plan, National Climate Change Mitigation Strategy and Action Plan and National Inventory Report
13. National Climate Change Adaptation Strategy and Action Plan
14. National Climate Change Mitigation Strategy and Action Plan
15. National Inventory Report
B – Duties and obligations of institutions
16. Duties of institutions
17. Submission of data and information on climate change
C – Reporting and public consultation
18. Reporting
For the purpose of reporting to the Secretariat of UNFCCC, the Minister may, as and when he considers appropriate, direct the Director to provide to him or the Secretariat such information and report as UNFCCC may require.19. Public consultation
Every Government department shall, for the purpose of developing strategies and policies in respect of climate change, undertake public consultations.Part VI – Application of Act to Rodrigues
20. Rodrigues Climate Change Strategy
21. Rodrigues Climate Change Committee
22. Meetings of Rodrigues Climate Change Committee
23. Submission of data and information
Part VII – Miscellaneous
24. National Implementing Entity
25. Enforcement
26. Protection from liability
No liability, civil or criminal, shall be incurred by the Minister, the Commissioner, the Department, the Director, a public officer and any member of the Climate Change Committee and the Rodrigues Climate Change Committee for any act done or omitted in good faith in the discharge of his or its functions, or in the exercise of his or its powers, under this Act.27. Confidentiality
28. Offences
29. Regulations
30. Consequential amendments
31. Commencement
History of this document
28 November 2020 this version
27 November 2020
Assented to