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IAS PASSED BY THE NATIONAL ASSEMBLYI
Bil
to meet Pakistan's obligations under intemational conventions retating to ctimate
change and address the elfects of climate change
WHEREASit is expedient tomeet Pakistan's obligations under international
conventions relating to climate change andto provide for adoption of
comprehensive adaptation and mitigalion policies, plans, programmes, prolects
and other measures required to address the effects of climate change and for
natters connected tnerewrth and ancillary thereto.
It is hereby enacted as follows:-
CHAPTER I
PRELIMINARY
l. Short title, extent and commencement.- (1) This Act may be called
the Pakistan Climate Change Act, 2017
(2) lt extends to the whole of Pakistan.
(3) lt shall come into force at once.
2. Definltions,- ln this Act, unless there is anything repugnant in the sublect
oa context,-
(a) "adaptation" means adlustment in natural or human systems tn
response to actual or expected climatic stimuli 0[ their elfects which
moderates harm or exploits beneficial opportunjties:
(b) 'Authority" means the Pakistan Climate Change Authority
established under section 5;
(c) "Council" means the Pakistan Climate Change Council estabtished
under section 3:
(d) "climate chaoge" means a change in the climate systern which is
caused by significant changes in the coneentration of greenhouse
ga,seb as a direct or indirect consequence of human activilies and
which is in addition to natural climate change that has been
observed during a considerable period;
(e) "emissjons", in relation to a g.eenhouse gas, means emiss,ons of
that gas into the atmosphere caused by human activityi
(f) "Fund" mears lhe Pakistan Climate Change Fund established
under sectiori 2;
(h) "greenhouse gas" means any gas that contributes to the
greenhouse effecl by absorbing infrared radiation produced by solar
warming of the earth's surlace and includes carbon dioxide,
melhane, nlrous oxide, hydrofluorocarbons, perfluorocarbons,
sulphur hexafluoride, nitrogen trifluoride and any other direct or
indirect greerhouse gas as recognized by UNFCCC and IPCC from
time to time:
(D "mitigatlon' nreans 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 greenhoulie gases,
"prescribed" rneans prescribed by rules or regulalions made under
this Acti
"rcgulations" meaos regulations made under this Act:
o
(k)
0)
(m)
(n)
"rules" meanr; rules made under this Act:
"Schedule' .reans a schedule to this Act and
'Trlbunal' m:ans the Environmental Tribunal set up under the
Pakistan Environmental Protection Act, 1997 (Act No. XXXIV OF
1997) or the l)rovincial environmental protection laws.
(2) The expressions and words used but not de{ined in this Act shall
have the same meaning .,s in the Pakistan Environmental P.otection Act, 1997
(Act No. XXXIV OF 1997).
CHAPTER II
PAKIS-AN CLIMATE CHANGE COUNCIL
3. Establishm€nt of the Pakistan Climale Change Council.- (1)
The Prime Minister shall, ty notification in the official Gazette, establish a Council
to be known as the Pakistan Climate Change Council consisting of a Chairperson
.vho shall be the Prime Mlnister or such other person as the Prime lriniste. may
nominate in this behalf and the folldwing members, namely:-
2
(S) "Govemment means the F€deral Govemment;
(a) Federal Ministers of the Divisions allocated with the subjects
of climate change, finance, agriculture, food sesurity and
research, planning, development and reform, petroleum and
natural resources, science and technology, water and power
and foreign affair:
(b) Chief lvlinisters of the Provinces;
(c) l4inisters-in-charge of the department allocated with subject
oI 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-ofiicials,
including representatives of tbe Chambers of Commerce and
lndustry, 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 (XxlV o12010);
(0 Chairman, Pakistan Climate Change Authority; and
(S) Secretary ol the Division allocaled with the subject of climate
chanoe, who shall also be the Secretary of the Council.
(2 The Council may invite the Prime Minister, A2€d Jammu and
Kashmir and Chief Minister. Gilgit- Baltistan to participate in the meetings of the
Council as and when required;
(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 lhe 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
cammittees 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
l
Government Agency or non-governmental organization or other person
posseBsing specialized knoldedge of any subject.
4. Functions anri powers ot the Council-- (1) The Council shall-
(a) co-ordir ate and supervise eoforcement of the provisions of
this Act
(b) monitor implementation of international agreements relaling
to climate change specifled in the Schedule;
(c) coordiflate, supervise and guide mainstreaming of climate
change concerns inlo decision-making by Federal and
Provincial Govemment's ministries, divigions, departments
and aslencies ao as to ;eate enabling conditions for
integraled climate-compatible and ctimate-resilient
develotlment processes in various sectors of the economy;
(d) approve and monitor implementation of comprehensive
adaptalion and mitigation policies, strategies, plans
prograrnmes, projects and other measures formulated by the
Authority to meet Pakistan's obligations under international
conventions and agreements relating to climate change
including in pafticular the Sustajnable Development Goals
(SDGS I
(e) monitoi implementation of the National Adaptation Plan and
its crnstituent provincial and local adaptation action plans,
the National Appropriate Mitigatjon Actjon Framework and
National Communlcation sLlbmitted to the concerned
Secretirriat of the United Nations Framework Convention on
Climate Change (UNFCCC);
approve guidelines for the protection and conservation of
renewable and non-renewable resourc€s, species, habitats,
and bi,)diversity in general adversely affected or threatened
by clirrate change; and
(s) consider lhe'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
(0
sustrinable development or to undertake research in any aspect of clim8te
change
CHAPTER III
PAKISTAN CLIMATE CHANGE AUTHORITY
5. EstablishmGnt of the Pakistan Climate Change Authority,- (1)
The Minister-in"chargs 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_lhe rules and regulations made thereunder.
(2 The Authority shall be a body co.porate with perpetqal suecessron
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 moneyl
(d) entering into contractsi and
(e) doing or pedorming 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 lslamabad and the
Authority may establish offlces at other piaces as and when required.
6. Composition of the Authority.- (1)The Authority shall compnse
the Chaarperson, Member (Adaptation), Member (Mitigation), Member (Climale
Finance), Member (Coordination) and one Member from each province lo be
nominated by the respective Provincial Ministers-in-charge.
(3) The members including Chairperson of the Authority shall be
appointed by the Prim6 Minister on such terms and conditions as he may deem
,lt, keeping in vaew their qualifications and experience.
(4) The Chairperson and members shall be scientists, academicians,
professionals, serving or retired government servants. industrialists. agriculturists
or other technocrats with at least fifteen yea/s experience in lields related to
climate change and the environment, with a distinguished service record.
(5) lf 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.
(6) The Authorjty shali be properly constituted notwithstanding a
vacancy in the office ot the Chairperson or any member.
(71 The Authority rnay, for assistance in performance of its functions,
invite a represenlative of any Government Agency or non-governmentral
organization or technical expe( or other person possessing specialized
knowledge of any subject.
7. Officers and st ff ofth6 Authority- (1) All protessional, technical and
administrative officers and staff of the Authority shall be appointed by the
Authority, or obtained from other Federal or Provlncial Government agencies on
deputation basis. and shall be entitled to such salaries, allowances and other
terms and conditions of servi:e as may be prescribed by regulations:
(2) The Authority shall ensure that all appointments are made an a
transparent manner and adequate and equal treatment is given to women,
minorities and disabled persons.
(3) The officers and staff of the Aulhority shall have such powers and
shall perform such functions as may be assigned to them by the Chairperson.
(4) The officers ard staff of the Authority shall aot in accordance with
the mandate assigned and tte directives given by the Chairperson.
8. Functions of tho Authority.-(1) Functions of the Authority shall be
to-
(a) formulat,r, comprehensive adaptation and mitgation policies,
plans. programmes, projects and measures designed to
address the effects oi climate change and meet Pakistan's
obligations under international conventions and agre€ments
relating to climate change and within the f.amework of a
national ciimate changg policy as may be approved by the
Federal 3ovemment from time to time:
(b) establisf institutional and poljcy mechanisms for
implementation of Fed€ral and provincial adaptation and
mitigation policies, plans, programmes, projects and
measur€s, including plans tor renewable energy and clean
technology measures for energy efficiency and energy
conservation and awareness-raising and capacity-building
ProgrammeS;
(c) prepare suitable adaptatjon and mitigation projects for
submiss on to intemational and local institutions for funding,
includinli the Clean Development Mechanism, Global
Environnental Facility, Green Cliriate Fund and Adaptation
Fund;
(d) prepare the Nelonal Adaptation Plan and its constituent
provincial and local adaptation action plans, the Nationally
6
Appropriate Mitigation Action Framework and the lntended
Nationally Determined Contributions, Nationauy Determined
Conkibutions 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
inlernational best practices for seeking technical and
financial support, amongst others, through the Technology
Mechanismi
(f) prepaie projects for funding under the Reducing Emissions
from Deforestation and Forest Degradatioo (REDD+)
Mechanism;
G) prepare the National Climate Change Report for
consideration of the Council;
(h) formula[e, and after approval of the Council coo.dinate
implementation gf low carbon and green grcwth 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;
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 Pakistan is a
pady and fulfill reporling requirements thereunder;
o 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 repodng and verification obligations
under international conventions, treaties and agreements;
'|
()
(n) prepar3 policy papers and concept notes and provade
techni(ial input for formulatjng national policy positions for
internetional conferences or negotiations;
(o) coordirrate conduct of research on current and emerging
issues of climate change, particularly assessment of
Pakistan's vulnerability to climate change, identification of
climat{, change opportunitjes and technolggy transfer, in
association with specialized research institutions and
dissenlinate research tindings and outputs to stakeholders,
(p) underlake education and awareness campaigns and
programs to enhance un;erstanding and awareness of
different aspects of climate change and promote their
integration in educational cunicula,
(q) work in collaboration with relevant Government Agencies
and non-governmental organlzations and after the conduct of
relevant research and studies, set targets and coordinate
actions for the reduction of greenhouse gas emissions and
devek)pment of carhon markets:
(r) design programmes providing for incentives relating to
matte-s of climate change, including incentives for reduced
emissions from deforestation and degradation;
(s) mobilize resources for the purposes of achieving the objects
and pJrposes of this Act;
o regularly publish, update and disseminate, through electronic
and cther means, climate change strategies, pglicies, plans,
progr,rmmes and other informationt and
(u) perfo m such functions as may be assignod to it by the
Council or by lhe Government for purposes of this Act.
12) To assist the Authority in the discharge of its functions, lhe
Mlnister-in-charge of the Federal Government may establish Advrsory
Committees for various sectors and appoint as members thereof eminent
representatives of the relevant sector from educational inslilutions, research
institutes and non-govern'nental organizations.
8
(3) ln the discharge of its functions the Authority shall be guided by,
amongst others,-
(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 impacls on ecosystems, bio-diversity and
forestry and socio-economic development objectjves,
including gender aspects; and
(b) policy advice of the Division allocated with the subject of
climate chaige.
9. Annual repon.-(1) At the end ol each rinancial year, the Authority
shall prepare an annual report, which shallinclude-
(a) a description ofits activities;
(b) progress of rmplementation of major climate change actions
and dafficulties relating theretoi
(c) its plans for the next financial year;
(d) audited accounts of the Authority; and
(e) any other relevanl information relating to functioos 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 ot the Authority.. (1) The Authority shall have all the
powers necessary to execute its functions under this Act.
(2) Wiihout 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 Acti
(b) enter into contracts or e,stablish partnerships or associate
wlth enlitres a1d organizations as it may @nsrder appropr.ate
to support its functions, provided thal agreement with foreign
governmsnts and organizations shall be entered into only
with approval of the Government:
(c) where necessary or on request, provide services or give
guidanc(, to public and private entities in relation to climate
cf|ange rnatters; and
(d) solicit, gather, obtain and verify any relevant information and
data fron any Federal or Provincial Ministry, Division or
Department, or any public or private entity in connection with
the perfcrmance of the functions of the Authority.
'|.1, Functions and powers of the Chairp66on- (1) The Chairperson
shall be the chief execuUve of the Authority and shall, with lhe assistance of the
members,-
(a) perform the functions and exercise the powers of the
Authont); and
(b) discharge such duties and perform such functions as a.e
assigne(ilo him by the Council or by the Government.
(2) Until the Counoil is duly constituted, the Chairperson shall, subject
to such directions as the Government may give from time to time, pedom 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 Clim,rte Change Fund.-(1) There is established a fund to
be known as the Pakistan Climate Change Fund, hereinafter referred as the
Fund.
(2) There shall be caid into the Fund-
(a) such m('nies as may be received by the Fund in the form of
donatiorrs, endowments. grants and gifts from whatever
source and speciflcally designated for the Fund;
(b) such suns of money as may be raised by the Authority for
the ex€cution'of the programmes and projects of the
Authority; and
(c) such m( nies 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-
t0
CHAPTER IV
PA.KIS'I'AN CLIMATE CHANGE FUND
(a) expenditure incurred by the Authority in the exercise,
discharge and performance of its functioos;
(b) operational and administration expenses ol the Fund
(c) financial assistance to suitable adaptation and miligation
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 porpose which in the opinion of the Council shall
help achieve the purposes of this Act.
t3. Management of the Fund.{1 ) The Fund shali be managed by the
Authodty,
lzt ln 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 th6 Council;
(b) invest moneys held in the Fund in such prorit-bearing
Goyernment bonds, savings schemes and securities as it
may deem suitable; and
(c) take such measures and exercise such powers as may be
necessary fo{ utilization of the Fund for the purposes
specilied in sub-section (3) of section 12.
(3) The ALrthority may congtjtute committees ot its members to
Lrndertake regular monitoring of projects financed from the Fund and 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).
CHAPTER V
MISCELLANEOUS
11. lndomnity.-No suit, prosecution or other legal proceedings shall
lie against the Federal and Provincial Governmenls, the Council, the Authority,
the Chairperson, members, of{icers, 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
ll
done or intended to be dorE under this Act or the rules or regulations made
thereunder.
15. oues recoveEble as ar(rara of land revenue.-Any dues
recoverable by the Authorit, under this Act or the rules or regulations shall be
recoverable as arrears of lard revenue.
16. Act to override other laws.- The provisions of this Act shall have
eflect notwithstanding anyth ng inconsistent therewith contaaned 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 Ac: , including rules for implementing the provisions of
the lnternalional Agreem:nts relating to climate change specifred in the
Schedule
18. Power to amand ths Schedulo._ The Minister-inrharge of the
Federal Government may, by notification in the oflicial Gazette. amend the
Schedule so as to add any €ntry thereto or modify or omit any entry therein.
19. Power to male r€gulations.--(1) For canying out lhe purposes of
this Act, the Authorlty may by notilication in the offlcial Gazette and with the
approval of the lvlinister-in-('harge of the Federal Government, make regulations
not inconsistent with the provisions of this Act and the rules made thereunder.
(2) ln particular and without preludice to the generality o{ the foregoing
power, such regulations ma/ provide for-
(a) submisliion of periodical reports, data or information by any
Governnent agency, local authority or local council in
respect of matters relating to climate change;
(b) preparation of emergency conlingency plans for coping with
extremr) climatic events, natural disasters and calamities,
and
SCHEDULE
(Siee sections 2,4, 17 and 18)
l2
(c) appointment of ofricers, advisers, experts, congultants and
employees.
United Nations Framework Convention on Climate Change (UNFCCC),
Rio De Janeiro, 1992 i
Kyoto Protocol lo the UNFCCC. 1997;
The Paris Agreement, 2015, and
Any other agreement relating to climate change to which Pakistan is a
signatory
ll
1.
2.
3.
4.
STATEME NT OF OBJECTS AND REASONS
Pakistan's per capita emissions of greenhouse gases today is one of the lowest in the
world. Yet il ranks amongst the top k,n countries most affected by climate change during the last
twenty years. It now rsgularly auffers f'om tha vagaries of climate change, including climate-induced
phenomena such as recurrent floods, droughts, desertification, glacial melt, and sea-wator
intrusion.
2. Extreme slimatic evonts have resulted in tragic loss of lives and colossal damage to
the economy. lndeed, they have significantly impeded our efforts to promote sustainable grolvth
and development and to ensure economic prosperity of the people.
3. The Framework for lm['lemantation of the National Climate Change Policy for the
period 2014-2030 serves to integrate climate-friendly policies into our national and emnomic
planning. The Framework spells out appropriats adaptation actions as well as mitigation measures
covering all sectors of tho economy.
4. 'Vlsion 2025", out blurrprint for a fulure-orlented and groMh-cenlric roadmap for
Pakistan, clearly Iecognizes global warming and climate change as priority areas ior effective action
by the Government.
5. Pakistan is a party to the United Nations Framework Convention on Climate Change
(UNFCCC), 1992; and Kyoto Protocol to the UNFCCC, 1997. lt is also initiated the process for
ratifying the Paris Agreement, 2015 v/hich recognizes that climate change represents an urgent and
potentially irreversible thrsat to huran societies and the planet and thus is a global challenge,
requiring the widest possible cooperstion by all countries.
6. lmplementation of the IJNFCCC, Kyoto Protocol and the Paris Agreement involv€s a
large number of comprehansive and extensive adaptation and mitigation actions across all sectors
of the economy. This is an enormou:; task which is of a multi-disciplinary, inter-provincial and inler-
ministerlal nalure, requiring that it be d6alt with at the national level. There is also an urgent need to
prepare, on priority basis, a portfo io of frojects for seeking funding from the potentially huge
amounts of global climate change tinanc6 likely to be availabie.
7. For the aforesaid purpcses amongst others, it is considered necessary to establish an
independent Pakistan Climate Change Authority which will, under the guidance of a high-powered
Pakistan Climate Change Council (chaired by the Prime Minister and with representation from all
Provinces, including the Chief Minilrters), provido a framework for mitigating and adapting to the
effects of the changing climate on various sectors of the economy and developing response
lq
1 lJnited Nations Framework Convention on Climate Change (UNFCCC),
Rio De Janeiro, 1992 ;
Kyoto Protocol to the UNFCCC, 1997i
The Paris Agreement, 2015; and
Any other agreement relating to climate change to which Pakistan is a
signatory.
2
4
t3
STATEMENT OF OBJECTS AND REASONS
Paklstan's por capita errissions of greenhouse gases today is one of the lowest in the
world. Yet it ranks amongst the top t'rn countries most affected by climate changB during the last
twenty years. lt now regularly suffers from thg vagaries of climate change, including climate-induced
phenomena such as recurrent flocds, droughts, desefiitication, glacial melt, and sea-water
inlrusion.
2. Extreme climatic eveots have resulted in tragic loss of lives and colossal damage to
lhe economy. lndeed, they have sig,rificantly impeded our efforts to promote sustainable growth
and dovelopment and to ensure econr)mic prosperity of the people.
3. The Framework for lmplemenlation of the National Climate Change Policy for the
period 2014-2030 serves to integrate climate-friendly policies into our natianal and e@nomic
planning. The Framework spells out i:ppropriate adaptation actions as well as mitigation measures
covering all sectors of the economy.
4. "M8ion 2025", our blu':print for a future-oriented and groMh-centric roadmap for
Pakistan, clearly recognizos global wrrming and climate change as priority areas for etfective action
by the Government.
5. Pakistan is a party to the United Nalions FEmework Convention on Climate Change
(UNFCCC), 1992; and Kyoto Protocol to the UNFCCC, 1997. lt is also initiated the process for
ratifying the Paris Agreement, 2015 v/hich recognizes that climate change represents an urgent and
potentially irreversible threat to hun,an societies and the planet and thus is a global challenge,
requiring the widest possible cooperation by all countries.
6. lmplementallon of the IJNFCCC, Kyoto Protocol and the Paris Agreement involves a
large number of comprehensive and extensive adaptation and mitigation actions across all sectors
of the economy. This is an enormouri task which is of a multi-disciplinary, inter-provincial and inter-
ministerial nature, requiring that it be dealt with at the national level. There is also an urgent need to
prepare, on priority basis, a podfo io of projects for seeking funding from the potentially huge
amounts of globel climate change financa likely to be available.
7. For the aforesaid purpcses amongst others, it is coNidered necessary to establish an
independent Pakistan Climate Change Authority which will, under the guidance of a high-powered
Pakistan Climate Change Council (r;haired by the Prime Minister and with represenlation from all
Provinces, including the Chief Ministters), provide a framework for mitigating and adapting to the
effecls of the changing climate orr various seclors of the economy and developing response
lti
strategies to the effects of climate change. The proposed Authorily will also identify and supervise
rhe lransfer of appropriate technology, including renewable technologiy, and sfengthen capacity-
iuilding measures.
8. The Bill also establishos a Pakistan Climate Changs Fund, managed by a Board.
Money from the Fund will be dilized to meet'sxpenses of both lhe Authority and the Fund itself and
for financial assistance to suitable adaptation and mitigation projec{s and measures designed inter-
alia to combat the adverse effects of climate change.
9. The Bill has been developed with the support and participation of various
governmental and non-governmental stakeholders in the climate change arena. lt is also in
accordance with internalional best practices and standards.
10. By-passing this Bill, Pakistan will join only a handful of countries who have
demonstrated their commitment to combating the adverse effects of climate changB by enacting
legislation specifically for the purpose.
MR. ZAHID HAMID,
Minister for Law and Justice and Climate Change,
Minister-in-Charge
t{

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Climate Change Act 2017

  • 1. IAS PASSED BY THE NATIONAL ASSEMBLYI Bil to meet Pakistan's obligations under intemational conventions retating to ctimate change and address the elfects of climate change WHEREASit is expedient tomeet Pakistan's obligations under international conventions relating to climate change andto provide for adoption of comprehensive adaptation and mitigalion policies, plans, programmes, prolects and other measures required to address the effects of climate change and for natters connected tnerewrth and ancillary thereto. It is hereby enacted as follows:- CHAPTER I PRELIMINARY l. Short title, extent and commencement.- (1) This Act may be called the Pakistan Climate Change Act, 2017 (2) lt extends to the whole of Pakistan. (3) lt shall come into force at once. 2. Definltions,- ln this Act, unless there is anything repugnant in the sublect oa context,- (a) "adaptation" means adlustment in natural or human systems tn response to actual or expected climatic stimuli 0[ their elfects which moderates harm or exploits beneficial opportunjties: (b) 'Authority" means the Pakistan Climate Change Authority established under section 5; (c) "Council" means the Pakistan Climate Change Council estabtished under section 3: (d) "climate chaoge" means a change in the climate systern which is caused by significant changes in the coneentration of greenhouse ga,seb as a direct or indirect consequence of human activilies and which is in addition to natural climate change that has been observed during a considerable period; (e) "emissjons", in relation to a g.eenhouse gas, means emiss,ons of that gas into the atmosphere caused by human activityi
  • 2. (f) "Fund" mears lhe Pakistan Climate Change Fund established under sectiori 2; (h) "greenhouse gas" means any gas that contributes to the greenhouse effecl by absorbing infrared radiation produced by solar warming of the earth's surlace and includes carbon dioxide, melhane, nlrous oxide, hydrofluorocarbons, perfluorocarbons, sulphur hexafluoride, nitrogen trifluoride and any other direct or indirect greerhouse gas as recognized by UNFCCC and IPCC from time to time: (D "mitigatlon' nreans 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 greenhoulie gases, "prescribed" rneans prescribed by rules or regulalions made under this Acti "rcgulations" meaos regulations made under this Act: o (k) 0) (m) (n) "rules" meanr; rules made under this Act: "Schedule' .reans a schedule to this Act and 'Trlbunal' m:ans the Environmental Tribunal set up under the Pakistan Environmental Protection Act, 1997 (Act No. XXXIV OF 1997) or the l)rovincial environmental protection laws. (2) The expressions and words used but not de{ined in this Act shall have the same meaning .,s in the Pakistan Environmental P.otection Act, 1997 (Act No. XXXIV OF 1997). CHAPTER II PAKIS-AN CLIMATE CHANGE COUNCIL 3. Establishm€nt of the Pakistan Climale Change Council.- (1) The Prime Minister shall, ty notification in the official Gazette, establish a Council to be known as the Pakistan Climate Change Council consisting of a Chairperson .vho shall be the Prime Mlnister or such other person as the Prime lriniste. may nominate in this behalf and the folldwing members, namely:- 2 (S) "Govemment means the F€deral Govemment;
  • 3. (a) Federal Ministers of the Divisions allocated with the subjects of climate change, finance, agriculture, food sesurity and research, planning, development and reform, petroleum and natural resources, science and technology, water and power and foreign affair: (b) Chief lvlinisters of the Provinces; (c) l4inisters-in-charge of the department allocated with subject oI 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-ofiicials, including representatives of tbe Chambers of Commerce and lndustry, 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 (XxlV o12010); (0 Chairman, Pakistan Climate Change Authority; and (S) Secretary ol the Division allocaled with the subject of climate chanoe, who shall also be the Secretary of the Council. (2 The Council may invite the Prime Minister, A2€d Jammu and Kashmir and Chief Minister. Gilgit- Baltistan to participate in the meetings of the Council as and when required; (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 lhe 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 cammittees 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 l
  • 4. Government Agency or non-governmental organization or other person posseBsing specialized knoldedge of any subject. 4. Functions anri powers ot the Council-- (1) The Council shall- (a) co-ordir ate and supervise eoforcement of the provisions of this Act (b) monitor implementation of international agreements relaling to climate change specifled in the Schedule; (c) coordiflate, supervise and guide mainstreaming of climate change concerns inlo decision-making by Federal and Provincial Govemment's ministries, divigions, departments and aslencies ao as to ;eate enabling conditions for integraled climate-compatible and ctimate-resilient develotlment processes in various sectors of the economy; (d) approve and monitor implementation of comprehensive adaptalion and mitigation policies, strategies, plans prograrnmes, projects and other measures formulated by the Authority to meet Pakistan's obligations under international conventions and agreements relating to climate change including in pafticular the Sustajnable Development Goals (SDGS I (e) monitoi implementation of the National Adaptation Plan and its crnstituent provincial and local adaptation action plans, the National Appropriate Mitigatjon Actjon Framework and National Communlcation sLlbmitted to the concerned Secretirriat of the United Nations Framework Convention on Climate Change (UNFCCC); approve guidelines for the protection and conservation of renewable and non-renewable resourc€s, species, habitats, and bi,)diversity in general adversely affected or threatened by clirrate change; and (s) consider lhe'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 (0
  • 5. sustrinable development or to undertake research in any aspect of clim8te change CHAPTER III PAKISTAN CLIMATE CHANGE AUTHORITY 5. EstablishmGnt of the Pakistan Climate Change Authority,- (1) The Minister-in"chargs 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_lhe rules and regulations made thereunder. (2 The Authority shall be a body co.porate with perpetqal suecessron 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 moneyl (d) entering into contractsi and (e) doing or pedorming 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 lslamabad and the Authority may establish offlces at other piaces as and when required. 6. Composition of the Authority.- (1)The Authority shall compnse the Chaarperson, Member (Adaptation), Member (Mitigation), Member (Climale Finance), Member (Coordination) and one Member from each province lo be nominated by the respective Provincial Ministers-in-charge. (3) The members including Chairperson of the Authority shall be appointed by the Prim6 Minister on such terms and conditions as he may deem ,lt, keeping in vaew their qualifications and experience. (4) The Chairperson and members shall be scientists, academicians, professionals, serving or retired government servants. industrialists. agriculturists or other technocrats with at least fifteen yea/s experience in lields related to climate change and the environment, with a distinguished service record. (5) lf 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. (6) The Authorjty shali be properly constituted notwithstanding a vacancy in the office ot the Chairperson or any member.
  • 6. (71 The Authority rnay, for assistance in performance of its functions, invite a represenlative of any Government Agency or non-governmentral organization or technical expe( or other person possessing specialized knowledge of any subject. 7. Officers and st ff ofth6 Authority- (1) All protessional, technical and administrative officers and staff of the Authority shall be appointed by the Authority, or obtained from other Federal or Provlncial Government agencies on deputation basis. and shall be entitled to such salaries, allowances and other terms and conditions of servi:e as may be prescribed by regulations: (2) The Authority shall ensure that all appointments are made an a transparent manner and adequate and equal treatment is given to women, minorities and disabled persons. (3) The officers and staff of the Aulhority shall have such powers and shall perform such functions as may be assigned to them by the Chairperson. (4) The officers ard staff of the Authority shall aot in accordance with the mandate assigned and tte directives given by the Chairperson. 8. Functions of tho Authority.-(1) Functions of the Authority shall be to- (a) formulat,r, comprehensive adaptation and mitgation policies, plans. programmes, projects and measures designed to address the effects oi climate change and meet Pakistan's obligations under international conventions and agre€ments relating to climate change and within the f.amework of a national ciimate changg policy as may be approved by the Federal 3ovemment from time to time: (b) establisf institutional and poljcy mechanisms for implementation of Fed€ral and provincial adaptation and mitigation policies, plans, programmes, projects and measur€s, including plans tor renewable energy and clean technology measures for energy efficiency and energy conservation and awareness-raising and capacity-building ProgrammeS; (c) prepare suitable adaptatjon and mitigation projects for submiss on to intemational and local institutions for funding, includinli the Clean Development Mechanism, Global Environnental Facility, Green Cliriate Fund and Adaptation Fund; (d) prepare the Nelonal Adaptation Plan and its constituent provincial and local adaptation action plans, the Nationally 6
  • 7. Appropriate Mitigation Action Framework and the lntended Nationally Determined Contributions, Nationauy Determined Conkibutions 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 inlernational best practices for seeking technical and financial support, amongst others, through the Technology Mechanismi (f) prepaie projects for funding under the Reducing Emissions from Deforestation and Forest Degradatioo (REDD+) Mechanism; G) prepare the National Climate Change Report for consideration of the Council; (h) formula[e, and after approval of the Council coo.dinate implementation gf low carbon and green grcwth 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; 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 Pakistan is a pady and fulfill reporling requirements thereunder; o 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 repodng and verification obligations under international conventions, treaties and agreements; '| ()
  • 8. (n) prepar3 policy papers and concept notes and provade techni(ial input for formulatjng national policy positions for internetional conferences or negotiations; (o) coordirrate conduct of research on current and emerging issues of climate change, particularly assessment of Pakistan's vulnerability to climate change, identification of climat{, change opportunitjes and technolggy transfer, in association with specialized research institutions and dissenlinate research tindings and outputs to stakeholders, (p) underlake education and awareness campaigns and programs to enhance un;erstanding and awareness of different aspects of climate change and promote their integration in educational cunicula, (q) work in collaboration with relevant Government Agencies and non-governmental organlzations and after the conduct of relevant research and studies, set targets and coordinate actions for the reduction of greenhouse gas emissions and devek)pment of carhon markets: (r) design programmes providing for incentives relating to matte-s of climate change, including incentives for reduced emissions from deforestation and degradation; (s) mobilize resources for the purposes of achieving the objects and pJrposes of this Act; o regularly publish, update and disseminate, through electronic and cther means, climate change strategies, pglicies, plans, progr,rmmes and other informationt and (u) perfo m such functions as may be assignod to it by the Council or by lhe Government for purposes of this Act. 12) To assist the Authority in the discharge of its functions, lhe Mlnister-in-charge of the Federal Government may establish Advrsory Committees for various sectors and appoint as members thereof eminent representatives of the relevant sector from educational inslilutions, research institutes and non-govern'nental organizations. 8
  • 9. (3) ln the discharge of its functions the Authority shall be guided by, amongst others,- (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 impacls on ecosystems, bio-diversity and forestry and socio-economic development objectjves, including gender aspects; and (b) policy advice of the Division allocated with the subject of climate chaige. 9. Annual repon.-(1) At the end ol each rinancial year, the Authority shall prepare an annual report, which shallinclude- (a) a description ofits activities; (b) progress of rmplementation of major climate change actions and dafficulties relating theretoi (c) its plans for the next financial year; (d) audited accounts of the Authority; and (e) any other relevanl information relating to functioos 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 ot the Authority.. (1) The Authority shall have all the powers necessary to execute its functions under this Act. (2) Wiihout 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 Acti (b) enter into contracts or e,stablish partnerships or associate wlth enlitres a1d organizations as it may @nsrder appropr.ate to support its functions, provided thal agreement with foreign governmsnts and organizations shall be entered into only with approval of the Government:
  • 10. (c) where necessary or on request, provide services or give guidanc(, to public and private entities in relation to climate cf|ange rnatters; and (d) solicit, gather, obtain and verify any relevant information and data fron any Federal or Provincial Ministry, Division or Department, or any public or private entity in connection with the perfcrmance of the functions of the Authority. '|.1, Functions and powers of the Chairp66on- (1) The Chairperson shall be the chief execuUve of the Authority and shall, with lhe assistance of the members,- (a) perform the functions and exercise the powers of the Authont); and (b) discharge such duties and perform such functions as a.e assigne(ilo him by the Council or by the Government. (2) Until the Counoil is duly constituted, the Chairperson shall, subject to such directions as the Government may give from time to time, pedom 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 Clim,rte Change Fund.-(1) There is established a fund to be known as the Pakistan Climate Change Fund, hereinafter referred as the Fund. (2) There shall be caid into the Fund- (a) such m('nies as may be received by the Fund in the form of donatiorrs, endowments. grants and gifts from whatever source and speciflcally designated for the Fund; (b) such suns of money as may be raised by the Authority for the ex€cution'of the programmes and projects of the Authority; and (c) such m( nies 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- t0 CHAPTER IV PA.KIS'I'AN CLIMATE CHANGE FUND
  • 11. (a) expenditure incurred by the Authority in the exercise, discharge and performance of its functioos; (b) operational and administration expenses ol the Fund (c) financial assistance to suitable adaptation and miligation 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 porpose which in the opinion of the Council shall help achieve the purposes of this Act. t3. Management of the Fund.{1 ) The Fund shali be managed by the Authodty, lzt ln 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 th6 Council; (b) invest moneys held in the Fund in such prorit-bearing Goyernment bonds, savings schemes and securities as it may deem suitable; and (c) take such measures and exercise such powers as may be necessary fo{ utilization of the Fund for the purposes specilied in sub-section (3) of section 12. (3) The ALrthority may congtjtute committees ot its members to Lrndertake regular monitoring of projects financed from the Fund and 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). CHAPTER V MISCELLANEOUS 11. lndomnity.-No suit, prosecution or other legal proceedings shall lie against the Federal and Provincial Governmenls, the Council, the Authority, the Chairperson, members, of{icers, 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 ll
  • 12. done or intended to be dorE under this Act or the rules or regulations made thereunder. 15. oues recoveEble as ar(rara of land revenue.-Any dues recoverable by the Authorit, under this Act or the rules or regulations shall be recoverable as arrears of lard revenue. 16. Act to override other laws.- The provisions of this Act shall have eflect notwithstanding anyth ng inconsistent therewith contaaned 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 Ac: , including rules for implementing the provisions of the lnternalional Agreem:nts relating to climate change specifred in the Schedule 18. Power to amand ths Schedulo._ The Minister-inrharge of the Federal Government may, by notification in the oflicial Gazette. amend the Schedule so as to add any €ntry thereto or modify or omit any entry therein. 19. Power to male r€gulations.--(1) For canying out lhe purposes of this Act, the Authorlty may by notilication in the offlcial Gazette and with the approval of the lvlinister-in-('harge of the Federal Government, make regulations not inconsistent with the provisions of this Act and the rules made thereunder. (2) ln particular and without preludice to the generality o{ the foregoing power, such regulations ma/ provide for- (a) submisliion of periodical reports, data or information by any Governnent agency, local authority or local council in respect of matters relating to climate change; (b) preparation of emergency conlingency plans for coping with extremr) climatic events, natural disasters and calamities, and SCHEDULE (Siee sections 2,4, 17 and 18) l2 (c) appointment of ofricers, advisers, experts, congultants and employees.
  • 13. United Nations Framework Convention on Climate Change (UNFCCC), Rio De Janeiro, 1992 i Kyoto Protocol lo the UNFCCC. 1997; The Paris Agreement, 2015, and Any other agreement relating to climate change to which Pakistan is a signatory ll 1. 2. 3. 4.
  • 14. STATEME NT OF OBJECTS AND REASONS Pakistan's per capita emissions of greenhouse gases today is one of the lowest in the world. Yet il ranks amongst the top k,n countries most affected by climate change during the last twenty years. It now rsgularly auffers f'om tha vagaries of climate change, including climate-induced phenomena such as recurrent floods, droughts, desertification, glacial melt, and sea-wator intrusion. 2. Extreme slimatic evonts have resulted in tragic loss of lives and colossal damage to the economy. lndeed, they have significantly impeded our efforts to promote sustainable grolvth and development and to ensure economic prosperity of the people. 3. The Framework for lm['lemantation of the National Climate Change Policy for the period 2014-2030 serves to integrate climate-friendly policies into our national and emnomic planning. The Framework spells out appropriats adaptation actions as well as mitigation measures covering all sectors of tho economy. 4. 'Vlsion 2025", out blurrprint for a fulure-orlented and groMh-cenlric roadmap for Pakistan, clearly Iecognizes global warming and climate change as priority areas ior effective action by the Government. 5. Pakistan is a party to the United Nations Framework Convention on Climate Change (UNFCCC), 1992; and Kyoto Protocol to the UNFCCC, 1997. lt is also initiated the process for ratifying the Paris Agreement, 2015 v/hich recognizes that climate change represents an urgent and potentially irreversible thrsat to huran societies and the planet and thus is a global challenge, requiring the widest possible cooperstion by all countries. 6. lmplementation of the IJNFCCC, Kyoto Protocol and the Paris Agreement involv€s a large number of comprehansive and extensive adaptation and mitigation actions across all sectors of the economy. This is an enormou:; task which is of a multi-disciplinary, inter-provincial and inler- ministerlal nalure, requiring that it be d6alt with at the national level. There is also an urgent need to prepare, on priority basis, a portfo io of frojects for seeking funding from the potentially huge amounts of global climate change tinanc6 likely to be availabie. 7. For the aforesaid purpcses amongst others, it is considered necessary to establish an independent Pakistan Climate Change Authority which will, under the guidance of a high-powered Pakistan Climate Change Council (chaired by the Prime Minister and with representation from all Provinces, including the Chief Minilrters), provido a framework for mitigating and adapting to the effects of the changing climate on various sectors of the economy and developing response lq
  • 15. 1 lJnited Nations Framework Convention on Climate Change (UNFCCC), Rio De Janeiro, 1992 ; Kyoto Protocol to the UNFCCC, 1997i The Paris Agreement, 2015; and Any other agreement relating to climate change to which Pakistan is a signatory. 2 4 t3
  • 16. STATEMENT OF OBJECTS AND REASONS Paklstan's por capita errissions of greenhouse gases today is one of the lowest in the world. Yet it ranks amongst the top t'rn countries most affected by climate changB during the last twenty years. lt now regularly suffers from thg vagaries of climate change, including climate-induced phenomena such as recurrent flocds, droughts, desefiitication, glacial melt, and sea-water inlrusion. 2. Extreme climatic eveots have resulted in tragic loss of lives and colossal damage to lhe economy. lndeed, they have sig,rificantly impeded our efforts to promote sustainable growth and dovelopment and to ensure econr)mic prosperity of the people. 3. The Framework for lmplemenlation of the National Climate Change Policy for the period 2014-2030 serves to integrate climate-friendly policies into our natianal and e@nomic planning. The Framework spells out i:ppropriate adaptation actions as well as mitigation measures covering all sectors of the economy. 4. "M8ion 2025", our blu':print for a future-oriented and groMh-centric roadmap for Pakistan, clearly recognizos global wrrming and climate change as priority areas for etfective action by the Government. 5. Pakistan is a party to the United Nalions FEmework Convention on Climate Change (UNFCCC), 1992; and Kyoto Protocol to the UNFCCC, 1997. lt is also initiated the process for ratifying the Paris Agreement, 2015 v/hich recognizes that climate change represents an urgent and potentially irreversible threat to hun,an societies and the planet and thus is a global challenge, requiring the widest possible cooperation by all countries. 6. lmplementallon of the IJNFCCC, Kyoto Protocol and the Paris Agreement involves a large number of comprehensive and extensive adaptation and mitigation actions across all sectors of the economy. This is an enormouri task which is of a multi-disciplinary, inter-provincial and inter- ministerial nature, requiring that it be dealt with at the national level. There is also an urgent need to prepare, on priority basis, a podfo io of projects for seeking funding from the potentially huge amounts of globel climate change financa likely to be available. 7. For the aforesaid purpcses amongst others, it is coNidered necessary to establish an independent Pakistan Climate Change Authority which will, under the guidance of a high-powered Pakistan Climate Change Council (r;haired by the Prime Minister and with represenlation from all Provinces, including the Chief Ministters), provide a framework for mitigating and adapting to the effecls of the changing climate orr various seclors of the economy and developing response lti
  • 17. strategies to the effects of climate change. The proposed Authorily will also identify and supervise rhe lransfer of appropriate technology, including renewable technologiy, and sfengthen capacity- iuilding measures. 8. The Bill also establishos a Pakistan Climate Changs Fund, managed by a Board. Money from the Fund will be dilized to meet'sxpenses of both lhe Authority and the Fund itself and for financial assistance to suitable adaptation and mitigation projec{s and measures designed inter- alia to combat the adverse effects of climate change. 9. The Bill has been developed with the support and participation of various governmental and non-governmental stakeholders in the climate change arena. lt is also in accordance with internalional best practices and standards. 10. By-passing this Bill, Pakistan will join only a handful of countries who have demonstrated their commitment to combating the adverse effects of climate changB by enacting legislation specifically for the purpose. MR. ZAHID HAMID, Minister for Law and Justice and Climate Change, Minister-in-Charge t{