The Green Economy and Climate Change Act, 2024

THE GREEN ECONOMY AND CLIMATE CHANGE
ACT, 2024
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Section
1. Short title and commencement
2. Interpretation
3. Guiding principles
PART II
ADMINISTRATION
4. Department of Green Economy and Climate Change
5. Director, climate change officers, other staff and authorised
officers
6. Green Economy and Climate Change Council
7. Functions of Council
8. Green Economy and Climate Change Technical Committee
9. Functions of Technical Committee
PART III
ADAPTATION AND MITIGATION
10. Development of National Adaptation and Mitigation Plans
11. Adaptation and risk reduction
12. Mitigation and low emission development
13. Sector emission reduction plan
PART IV
GREENHOUSE GAS EMISSIONS
14. Greenhouse Gas Inventory Management System
15. Sources of greenhouse gas data
16. Greenhouse gas emission standards
17. Inventory of greenhouse gas related information
18. Integrated Measuring Reporting and Verification System
PART V
CARBON STOCK MANAGEMENT
19. Non-application of Part
20. Concept note
21. Evaluation of project proposal
Green Economy and Climate Change [No. 18 of 2024 281
Single copies of this Act may be obtained from the Government Printer,
P.O.

n of project proposal
Green Economy and Climate Change [No. 18 of 2024 281
Single copies of this Act may be obtained from the Government Printer,
P.O.

Box 30136, 10101 Lusaka, Price K 68.00 each.

Box 30136, 10101 Lusaka, Price K 68.00 each.

PART VI
CARBON MARKETS
22. Ownership of carbon
23. Prohibition of trading in carbon credits without authorisation
24. Application for authorisation to trade in carbon credits
25. Suspension or revocation of certificate of authorisation
26. Duplicate certificate of authorisation
27. Prohibition of transfer of certificate of authorisation
28. Dispute resolution
PART VII
REGISTRATION FOR VERIFIERS
29. Prohibition of verifying carbon credits without registration
30. Registration of verifiers
31. Suspension or revocation of registration
PART VIII
ENFORCEMENT
32. Powers of authorised officer
33. Compliance order
PART IX
THE GREEN ECONOMY AND CLIMATE CHANGE FUND
34. Establishment of Green Economy and Climate Change
Fund
35. Management of Fund
36. Accounts and audit
37. Annual report
PART X
GENERAL PROVISIONS
38. Appeals
39. Climate Change Register
40. Immunity
41. Integration of climate change in learning programmes
42. Incentives for climate change action
43. Offence by principal officers of body corporate and
unincorporate body
44. General penalty
45. Guidelines
46. Regulations
47. Savings and transitional provisions
SCHEDULE
Green Economy and Climate Change282 No. 18 of 2024]

4. General penalty
45. Guidelines
46. Regulations
47. Savings and transitional provisions
SCHEDULE
Green Economy and Climate Change282 No. 18 of 2024]

An Act to provide for climate change adaptation and disaster
risk reduction; provide for climate change mitigation, low
emission development, green economy and related
actions; regulate carbon markets; provide for
environmental and social safeguards in climate change
actions; establish the Climate Change Fund; domesticate
the United Nations Framework Convention on Climate
Change and the Paris Agreement; and provide for matters
connected with, or incidental to, the foregoing. [26th December, 2024
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Green Economy and Climate
Change Act, 2024, and shall come into operation on the date that
the Minister may appoint by statutory instrument. 2. In this Act, unless the context otherwise requires—
“adaptation” means a response to global warming or an
adjustment to actual or expected climate change and the
impacts of climate change;
“adaptive capacity” means the ability of systems, institutions,
human beings or other organisms to adjust to potential
damage, take advantage of opportunities or respond to any
other consequence of climate change;
Green Economy and Climate Change [No.

just to potential
damage, take advantage of opportunities or respond to any
other consequence of climate change;
Green Economy and Climate Change [No.

18 of 2024 283
Enactment
Short title
and
commencement
Interpretation
GOVERNMENT OF ZAMBIA
ACT
No. 18 of 2024
Date of Assent: 20th December, 2024

18 of 2024 283
Enactment
Short title
and
commencement
Interpretation
GOVERNMENT OF ZAMBIA
ACT
No. 18 of 2024
Date of Assent: 20th December, 2024

“additionality” means the effects of a project activity to reduce
anthropogenic greenhouse gas emissions below the level
that would have occurred in the absence of the project
activity;
“appropriate authority” means the Minister responsible for,
or a public body, entity or person having, climate change
duties or related activities, and includes a public or statutory
office, body or institution under the following:
(a) the Zambia Wildlife Act, 2015;
(b) the Water Supply and Sanitation Act, 1997;
(c) the Environmental Management Act, 2011;
(d) the Civil Aviation Act, 2016;
(e) the Public Roads Act, 2002;
(f) the Road Traffic Act, 2002;
(g) the Zambia Revenue Authority Act;
(h) the Customs and Excise Act;
(i) the Income Tax Act;
(j) the National Heritage Conservation Commission
Act;
(k) the Lands Act;
(l) the Lands and Deeds Registry Act;
(m) the Minerals Regulation Commission Act, 2024;
(n) the Fisheries Act, 2011;
(o) the Forests Act, 2015;
(p) the Water Resources Management Act, 2011;
(q) the Biosafety Act, 2007;
(r) the Inland Waters Shipping Act;
(s) the Public Health Act;
(t) the Standards Act, 2017;
(u) the Local Government Act, 2019;
(v) the Disaster Management Act, 2010;
Act No.

ipping Act;
(s) the Public Health Act;
(t) the Standards Act, 2017;
(u) the Local Government Act, 2019;
(v) the Disaster Management Act, 2010;
Act No.

14 of
2015
Act No. 28 of
1997
Act No. 12 of
2011
Act No. 5 of
2016
Act No. 12 of
2002
Act No. 11 of
2002
Cap. 321
Cap. 322
Cap. 323
Cap. 173
Cap. 184
Cap. 185
Act No. 14
of 2024
Act No. 22 of
2011
Act No. 4 of
2015
Act No. 21 of
2011
Act No. 10 of
2007
Cap. 295
Act No. 4 of
2017
Act No. 2 of
2019
Act No. 13 of
2010
Cap. 466
Green Economy and Climate Change284 No. 18 of 2024]

f
2011
Act No. 10 of
2007
Cap. 295
Act No. 4 of
2017
Act No. 2 of
2019
Act No. 13 of
2010
Cap. 466
Green Economy and Climate Change284 No. 18 of 2024]

(w) the Citizens Economic Empowerment Act, 2006;
(x) the Zambia Development Agency Act, 2022;
(y) the Public-Private Partnership Act, 2023;
(z) the Tourism and Hospitality Act, 2015;
(aa) the Energy Regulation Act, 2019;
(bb) the Solid Waste Regulation and Management Act,
2018;
(cc) the Ionising Radiation Protection Act, 2005;
(dd) the Land Survey Act;
(ee) the Urban and Regional Planning Act, 2015;
(ff) the Gender Equity and Equality Act, 2015;
(gg) the Agricultural Lands Act;
(hh) the National Housing Authority Act;
(ii) the Animal Health Act, 2010; and
(kk) any other law related to climate change;
“associate” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
“authorised officer” means the Director, a climate change
officer or a public officer designated as an authorised
officer under section 5;
“beneficiaries” means persons or a community that is involved
in, or is affected by, a project approved under this Act;
“carbon” means the equivalent of greenhouse gases arising
from a process or activity that emits a greenhouse gas, an
aerosol or a precursor of a greenhouse gas into the
atmosphere;
“carbon credits” means the saleable verified emissions
reduction or removal credit, or any other carbon mitigation
measure recognised under the standards of the international
carbon market regimes which is equivalent to one tonne of
carbon dioxide or its equivalent which can be counted
towards an individual’s, organisation’s, a company’s or
country’s greenhouse gas mitigation target;
“carbon market” means a system through, or platform on,
which units of carbon dioxide equivalent of greenhouse
gases are traded to meet emission reduction targets;
Act No.

a system through, or platform on,
which units of carbon dioxide equivalent of greenhouse
gases are traded to meet emission reduction targets;
Act No.

9 of
2006
Act No. 17 of
2022
Act No. 18 of
2023
Act No. 13 of
2015
Act No. 20 of
2018
Act No. 16 of
2005
Cap. 188
Act No. 3 of
2015
Act No. 22 of
2015
Cap. 187
Cap. 195
Act No. 27 of
2010
Act No. 3 of
2012
Act No. 12 of
2019
Green Economy and Climate Change [No. 18 of 2024 285

2015
Act No. 22 of
2015
Cap. 187
Cap. 195
Act No. 27 of
2010
Act No. 3 of
2012
Act No. 12 of
2019
Green Economy and Climate Change [No. 18 of 2024 285

“carbon verification” means the process of evaluating
calculations of the actual amount of greenhouse gas
emissions that have been avoided or sequestered through
the implementation of a project;
“certificate of authorisation” means a certificate issued under
section 24, authorising a person to trade in carbon credits;
“certificate of registration” means a certificate issued under
section 30;
“climate change” means a change in climatic conditions
attributed directly or indirectly to human activities that alter
the composition of the global atmosphere which is additional
to natural variability and observed over comparable periods
of time;
“climate change mitigation” means efforts that seek to prevent
or slow down the increase of atmospheric greenhouse gas
concentrations by limiting current and future emissions and
enhancing potential sinks for greenhouse gases;
“climate change officer” means a person appointed as a
climate change officer under section 5;
“Climate Change Register” means the Climate Change
Register kept and maintained under section 39;
“climate resilience” means the ability of a system and the
system’s component parts to anticipate, absorb,
accommodate or recover from the impacts of climate
change in a timely and efficient manner;
“climate variability” means variations in the mean state and
other statistics of the climate on temporal and spatial scales
beyond that of individual weather events largely due to
natural internal processes within the climate system;
“community development and benefit sharing agreement”
means an agreement that is signed between a project
developer and beneficiaries under section 21(7);
“Convention” means the United Nations Framework
Convention on Climate Change signed by Zambia on 11th
June, 1992, and ratified on 28th May, 1993;
“Council” means the Council of Ministers established under
section 6;
“Department” means the Department of Green Economy and
Climate Change responsible for the administration of the
Act as provided under section 4;
“Designated National Authority” means the entity or
organisation granted the responsibility to authorise and
approve participation in projects under the international
carbon market regimes;
Green Economy and Climate Change286 No.

sponsibility to authorise and
approve participation in projects under the international
carbon market regimes;
Green Economy and Climate Change286 No.

18 of 2024]

18 of 2024]

“Director” means a person appointed as Director of green
economy and climate change under section 5;
“double counting” means a scenario under which a singular
greenhouse gas emission reduction or removal is reported
or monetised separately by two different entities or where
a greenhouse gas emission reduction or removal is sold to
multiple buyers;
“ecosystems” means a living functional system which contains
all organisms, including human beings, their environment
and the relationship that exists between them;
“emission” means the release of greenhouse gases or their
precursors into the atmosphere;
“Emoluments Commission” means the Emoluments
Commission established by the Constitution;
“Fund” means the Climate Change Fund established under
section 34;
“green economy” means an economy that allows for low
carbon emission, resource efficiency and social
inclusiveness resulting in an improved human wellbeing and
social equity while significantly reducing environmental risks
and ecological scarcities;
“greenhouse gases” means the gaseous constituents of the
atmosphere, both natural and human induced, that absorb
and re-emit infrared radiation;
“Greenhouse Gas Inventory Management System” means
the system established under section 14;
“green investments” means activities aligned with economic
growth while reducing pollution and greenhouse gas
emissions, minimising waste and improving efficiency in
the use of natural resources;
“Integrated Measuring Reporting and Verification System”
means the system established under section 18;
“National Adaptation Plan” means a comprehensive medium
to long term climate adaptation plan that fosters climate
resilience;
“National Mitigation Plan” means a comprehensive medium
to long term climate mitigation plan that fosters low carbon
development and emission reduction;
Cap.

al Mitigation Plan” means a comprehensive medium
to long term climate mitigation plan that fosters low carbon
development and emission reduction;
Cap.

1
Green Economy and Climate Change [No. 18 of 2024 287

1
Green Economy and Climate Change [No. 18 of 2024 287

“Nationally Determined Contributions” means national plans
and pledges made by a Party to the Paris Agreement to
meet the universal goal of maintaining global temperatures
to well below two degrees celsius above pre-industrial
levels, while aiming for one point five degrees celsius to
avoid the worst impacts of climate change;
“Paris Agreement” means the legally binding international
treaty on climate change adopted in Paris on 12th
December, 2015, and which entered into force on 4th
November, 2016, signed by Zambia on 20th September,
2016, and any successor agreement;
“precautionary principle” has the meaning assigned to the
words in the Environmental Management Act, 2011;
“private body” means a private entity or a non-state actor
that emits greenhouse gases;
“project developer” means a person who proposes to
undertake a project that requires approval under this Act;
“public body” has the meaning assigned to the words in the
Public Finance Management Act, 2018;
“relative” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
“sector emission target” means a science-based target for a
given sector used to provide a clearly defined pathway for
a person to reduce greenhouse gas emissions;
“Technical Committee” means the Committee established
under section 8;
“verifier” means a person registered as a verifier under section
30 and who has the capability, qualifications and expertise
to inspect a carbon programme or project and ensure the
programme or project meets internationally agreed
standards governing the carbon market;
“vulnerability” means the degree of susceptibility to the
negative effects of climate change;
“vulnerable groups” means groups that are more susceptible
than others to impacts of climate change either due to their
location or socio-economic status; and
“Zambia Environmental Management Agency” means the
Zambia Environmental Management Agency established
under the Environmental Management Act, 2011.

nd
“Zambia Environmental Management Agency” means the
Zambia Environmental Management Agency established
under the Environmental Management Act, 2011.

Act No. 12 of
2011
Act No.1 of
2018
Act No. 3 of
2012
Act No. 12 of
2011
Green Economy and Climate Change288 No. 18 of 2024]

Act No. 12 of
2011
Act No.1 of
2018
Act No. 3 of
2012
Act No. 12 of
2011
Green Economy and Climate Change288 No. 18 of 2024]

3. The following principles shall be applied in achieving the
purpose of this Act:
(a) environmental sustainability and the contribution to social
economic development;
(b) the incorporation of measures to build resilience to climate
change and consideration of all aspects of low carbon
emissions and green economy;
(c) the undertaking of climate change actions in an integrated
and a consultative manner;
(d) special consideration for vulnerable groups and gender
inclusiveness;
(e) the importance of ecosystems in addressing the impacts
of climate change;
(f)complementarity of adaptation, disaster risk reduction and
mitigation;
(g) the consideration of environmental and social safeguards;
(h) public participation and awareness in the development
and implementation of green economy and climate
change programmes;
(i) the development and transfer of appropriate technology in
climate change programmes;
(j)the promotion and fulfilment of international obligations on
green economy and climate change; and
(k) the precautionary principle. PART II
ADMINISTRATION
4.

motion and fulfilment of international obligations on
green economy and climate change; and
(k) the precautionary principle. PART II
ADMINISTRATION
4.

(1) The Department of Green Economy and Climate
Change, in the ministry responsible for climate change is responsible
for the administration of this Act, under the general direction of the
Permanent Secretary in the ministry responsible for climate change. (2) Subject to the other provisions of this Act, the functions of
the Department are to do all things as are necessary to achieve
low carbon, climate resilience and green economy. Guiding
principles
Department
of Green
Economy
and Climate
Change
Green Economy and Climate Change [No. 18 of 2024 289

e resilience and green economy. Guiding
principles
Department
of Green
Economy
and Climate
Change
Green Economy and Climate Change [No. 18 of 2024 289

(3) Despite the generality of subsection (2), the functions of
the Department are to—
(a) facilitate the implementation of green economy and climate
change projects and programmes in all sectors in
collaboration with relevant stakeholders;
(b) monitor and evaluate the implementation of green economy
and climate change projects and programmes in all
sectors;
(c) regulate the carbon market;
(d) facilitate capacity building in institutions and agencies
implementing green economy and climate change
projects and programmes;
(e) provide technical support on green economy and climate
change projects and programmes;
(f) support the strengthening of climate change information
and early warning systems;
(g) facilitate and promote research on green economy and
climate change;
(h) facilitate and conduct education and public awareness on
green economy and climate change;
(i) facilitate the implementation of international obligations on
climate change;
(j)establish sector emission targets;
(k) support the mobilisation of resources to promote green
investments;
(l) oversee the revision and updating of the Nationally
Determined Contributions;
(m) guide and oversee the implementation of the Republic’s
Integrated Measuring Reporting and Verification
System; and
(n) provide technical guidance on the means of adaptation,
mitigation and implementation of adaptation, mitigation
to various sectors.

ion
System; and
(n) provide technical guidance on the means of adaptation,
mitigation and implementation of adaptation, mitigation
to various sectors.

5. (1) The Civil Service Commission shall appoint as a public
officer, the Director of green economy and climate change who is
responsible for the performance of the functions of the Department. Director,
climate
change
officers,
other staff
and
authorised
officers
Green Economy and Climate Change290 No. 18 of 2024]

unctions of the Department. Director,
climate
change
officers,
other staff
and
authorised
officers
Green Economy and Climate Change290 No. 18 of 2024]

(2) The Permanent Secretary in the ministry responsible for
climate change may give to the Director, general or specific
directions, which are consistent with the provisions of this Act,
relating to the performance of the Director’s functions and the
Director shall give effect to those directions. (3) The Civil Service Commission shall appoint as public
officers, climate change officers and other staff of the Department. (4) The Minister may, in consultation with the Director, by
Gazette notice, designate any public officer to be an authorised
officer for the purpose of the exercise and performance of any of
the functions conferred on an authorised officer under the provisions
of this Act. (5) The Director shall, issue to an authorised officer an identity
card which shall be prima facie evidence of the authorised officer’s
appointment. (6) An authorised officer shall, in performing a function under
this Act—
(a) be in possession of the identity card referred to under
subsection (5); and
(b) show the identity card to a person who requests to see it
or who is subject to an investigation under this Act.

erred to under
subsection (5); and
(b) show the identity card to a person who requests to see it
or who is subject to an investigation under this Act.

(7) The Director may, by direction in writing and on conditions
that the Director considers necessary, delegate to a climate change
officer, an authorised officer or any other staff any of the Director’s
functions under this Act. 6. (1) There is established a Green Economy and Climate
Change Council consisting of the following part-time members
appointed by the President:
(a) the Vice-President, who shall be the Chairperson; and
(b) the Minister responsible for climate change who shall be
the Vice-Chairperson;
(c) the Ministers responsible for—
(i) finance and national planning;
(ii) agriculture;
(iii) energy;
(iv) lands;
Green
Economy and
Climate
Change
Council
Green Economy and Climate Change [No. 18 of 2024 291

al planning;
(ii) agriculture;
(iii) energy;
(iv) lands;
Green
Economy and
Climate
Change
Council
Green Economy and Climate Change [No. 18 of 2024 291

(v) water development and sanitation;
(vi) justice;
(vii) mines;
(viii) wildlife;
(ix) fisheries and livestock;
(x) technology and science; and
(xi) local government and rural development. (2) The Secretary to the Cabinet shall be an ex officio member
of the Council. (3) The Council may invite a Minister whose presence is, in
the opinion of the Council, desirable to attend and to participate in
the deliberations of the meeting of the Council but that Minister
shall have no vote. (4) The Department shall provide secretarial services to the
Council. (5) The Schedule applies to the Council. 7. (1) The functions of the Council are to—
(a) provide policy guidance and oversee the implementation
of interventions relating to green economy and climate
change in the Republic;
(b) provide policy guidance on carbon markets to the public,
private sector and other stakeholders;
(c) set targets for the regulation of greenhouse emission; and
(d) provide policy guidance on research, training and
awareness on climate change.

ers;
(c) set targets for the regulation of greenhouse emission; and
(d) provide policy guidance on research, training and
awareness on climate change.

(2) The Council may, by direction in writing and on the
conditions that the Council considers necessary, delegate to the
Technical Committee or Director any of the Council’s functions
under this Act. 8. (1) There is established the Green Economy and Climate
Change Technical Committee consisting of the following part-time
members appointed by the Minister:
(a) a representative in the ministry responsible for—
(i) finance and national planning;
(ii) agriculture;
(iii) energy;
Functions of
Council
Green
Economy
and Climate
Change
Technical
Committee
Green Economy and Climate Change292 No. 18 of 2024]

riculture;
(iii) energy;
Functions of
Council
Green
Economy
and Climate
Change
Technical
Committee
Green Economy and Climate Change292 No. 18 of 2024]

(iv) lands;
(v) water development and sanitation;
(vi) fisheries and livestock;
(vii) mines;
(viii) wildlife;
(ix) forestry;
(x) meteorology;
(xi) commerce, trade and industry;
(b) a representative of the Attorney-General;
(c) a representative of the Disaster Management and
Mitigation Unit;
(d) a representative of the Zambia Environmental
Management Agency;
(e) a representative of a civil society organisation involved in
green economy and climate change;
(f) a representative from academia; and
(g) a representative of a private sector organisation with
knowledge and expertise in matters relating to this Act. (2) The Director shall be an ex-officio member of the
Technical Committee. (3) The members referred to under subsection (1) shall be
nominated for appointment by their respective institutions or
organisations. (4) The Minister shall appoint the Chairperson from among
the members and the members shall elect the Vice-Chairperson
from among themselves. (5) The Department shall provide secretarial services to the
Technical Committee. (6) The Technical Committee shall be the Designated National
Authority. (7) The Schedule applies to the Technical Committee.

the
Technical Committee. (6) The Technical Committee shall be the Designated National
Authority. (7) The Schedule applies to the Technical Committee.

Green Economy and Climate Change [No. 18 of 2024 293

Green Economy and Climate Change [No. 18 of 2024 293

9. (1) The Technical Committee shall advise the Council on
matters relating to green economy and climate change as provided
under this Act. (2) Despite the generality of subsection (1), the Technical
Committee shall—
(a) oversee the development, revision and implementation of
appropriate policies, programmes, projects, plans and
strategies relating to green economy and climate change;
(b) approve concept notes relating to a carbon project under
Part V of the Act;
(c) approve project proposals relating to a carbon project under
Part V of the Act;
(d) recommend projects and programmes relating to green
economy and climate change to the Council; and
(e) review proposals, work plans, budgets and implementation
reports for green economy and climate change projects
and programmes. PART III
ADAPTATION AND MITIGATION
10. (1) The Minister shall cause to be developed a National
Adaptation Plan and a National Mitigation Plan. (2) The plans referred to under subsection (1) shall be reviewed
every five years. 11.

oped a National
Adaptation Plan and a National Mitigation Plan. (2) The plans referred to under subsection (1) shall be reviewed
every five years. 11.

(1) An appropriate authority shall, in developing or reviewing
and implementing a policy, programme, project and plan relating to
adaption and risk reduction take into account—
(a) measures to build resilience; and
(b) a comprehensive climate vulnerability assessment, climate
information and services and early warning. (2) Despite subsection (1), an appropriate authority shall take
actions to—
(a) reduce vulnerability to the adverse impacts of climate
change;
(b) increase the adaptive capacity;
(c) foster climate resilience; and
(d) ensure that climate resilience is mainstreamed in
development planning. Functions of
Technical
Committee
Development
of National
Adaptation
and
Mitigation
Plans
Adaptation
and risk
reduction
Green Economy and Climate Change294 No. 18 of 2024]

al
Committee
Development
of National
Adaptation
and
Mitigation
Plans
Adaptation
and risk
reduction
Green Economy and Climate Change294 No. 18 of 2024]

12. An appropriate authority shall, in developing or reviewing
and implementing a policy, programme, project and plan relating to
mitigation and low emission development take into account
measures to address greenhouse gas emissions and mainstream
low carbon strategies. (2) An appropriate authority shall report on sectoral
greenhouse gas emissions to the Department, in a prescribed manner
and form. 13. (1) An appropriate authority shall develop a sector emission
reduction plan in accordance with the guidelines specified under
section 45. (2) The plan referred to under subsection (1) shall be reviewed
every five years. PART IV
GREENHOUSE GAS EMISSIONS
14. (1) The Department shall establish and maintain the
Greenhouse Gas Inventory Management System which shall serve
as a central depository for data and information on greenhouse
gases. (2) Despite the generality of subsection (1), the Greenhouse
Gas Inventory Management shall, be used for—
(a) collecting, managing, storing and retrieving of information
on greenhouse gases from sectors specified under
section 15; and
(b) compiling and preparing reports relating to information on
greenhouse gases.

tion
on greenhouse gases from sectors specified under
section 15; and
(b) compiling and preparing reports relating to information on
greenhouse gases.

(3) Despite subsection (1), the Minister may, by notice in the
Gazette, designate the Zambia Environmental Management Agency
to manage the Greenhouse Gas Inventory Management System. 15. The following sectors shall, in a prescribed manner and
form, provide data and information to the Department, for the
purposes of the Greenhouse Gas Inventory Management System:
(a) forestry;
(b) energy;
(c) agriculture;
(d) livestock;
(e) industrial processes and product use;
(f) waste; and
(g) any other sector that the Minister may determine. Mitigation
and low
emission
development
Sector
emission
reduction
plan
Sources of
greenhouse
gas data
Greenhouse
Gas
Inventory
Management
System
Green Economy and Climate Change [No. 18 of 2024 295

emission
reduction
plan
Sources of
greenhouse
gas data
Greenhouse
Gas
Inventory
Management
System
Green Economy and Climate Change [No. 18 of 2024 295

16. (1) The Minister may, by statutory instrument, make
Regulations setting out the emission standards for greenhouse gases. (2) The Regulations referred to under subsection (1) shall not
set out standards in relation to gases regulated under the
Environmental Management Act, 2011. (3) A person who fails to comply with greenhouse gas emission
standards prescribed under subsection (1), commits an offence
and is liable, on conviction—
(a) in the case of a natural person, to a fine not exceeding
five hundred thousand penalty units or to imprisonment
for a term not exceeding five years, or to both; or
(b) in the case of a legal person, to a fine of not less than two
million penalty units but not exceeding three million
penalty units. 17. (1) A person who emits greenhouse gases shall, in a
prescribed manner and form, keep and maintain an inventory of
greenhouse gas related information. (2) A person who contravenes subsection (1), commits an
offence and is liable, on conviction, to a fine not exceeding fifty
thousand penalty units or imprisonment for a term not exceeding
six months, or to both.

ce and is liable, on conviction, to a fine not exceeding fifty
thousand penalty units or imprisonment for a term not exceeding
six months, or to both.

(3) A person who keeps and maintains an inventory referred
to under subsection (1) shall, within a prescribed period, submit the
inventory to the Department or to the Zambia Environmental
Management Agency, where the Zambia Environmental
Management Agency is designated as the manager under section
14. (4) A person who contravenes subsection (3), commits an
offence and is liable, on conviction, to a fine not exceeding three
thousand penalty units for each day that the contravention continues. 18. (1) The Department shall establish and maintain the
Integrated Measuring Reporting and Verification System for the
purposes of documenting emissions, mitigation and adaptation
activities, financial support and technology transfer received and
deployed. (2) The Integrated Measuring Reporting and Verification
System may consist of the following components:
(a) greenhouse gas inventory;
(b) mitigation actions;
(c) adaptation actions;
(d) climate finance;
Greenhouse
gas emission
standards
Act No. 12 of
2011
Inventory of
greenhouse
gas related
information
Integrated
Measuring
Reporting
and
Verification
System
Green Economy and Climate Change296 No. 18 of 2024]

ntory of
greenhouse
gas related
information
Integrated
Measuring
Reporting
and
Verification
System
Green Economy and Climate Change296 No. 18 of 2024]

(e) capacity building;
(f) technology transfer; and
(g) any other component that the Department may determine. (3) Despite subsection (1), the Minister may, by notice in the
Gazette, designate the Zambia Environmental Management Agency
to manage any of the components referred to under subsection
(2). (4) A public body and private body shall, in a prescribed manner
and form, provide data and information to the Integrated Measuring
Reporting and Verification System. (5) The Minister may, by statutory instrument, make
Regulations setting out the procedure for administering the
Integrated Measuring Reporting and Verification System. PART V
CARBON STOCK MANAGEMENT
19. This Part shall not apply to carbon generated under the
Forests Act, 2015. 20. (1) A project developer who intends to engage in carbon
credit generation shall submit a concept note to the Director, in a
prescribed manner and form on payment of a prescribed fee. (2) The Director shall, within five days of receipt of the concept
note, refer the concept note to the Technical Committee.

yment of a prescribed fee. (2) The Director shall, within five days of receipt of the concept
note, refer the concept note to the Technical Committee.

(3) The Director shall, where the Director considers that the
concept note submitted under subsection (1) is incomplete, within
five days of receipt of the concept note, request the project
developer, in writing, to submit any other information that the
Director may require. (4) The Technical Committee may, within thirty days of receipt
of the concept note from the Director, approve or reject the concept
note. (5) The Technical Committee shall, where the Technical
Committee rejects the concept note, notify the project developer,
in writing, stating the reasons for the rejection. (6) The Technical Committee shall, where the Technical
Committee approves the concept note, notify the project developer,
in writing, of the decision and request the project developer to submit
a project proposal to the Department, within ninety days of receipt
of the decision, on payment of a prescribed fee. 21. (1) The Director shall, within ten days of receipt of the
project proposal referred to under section 20(6), submit the project
proposal to the Technical Committee. Non-
application
of Part
Act No. 4 of
2015
Concept note
Evaluation of
project
proposal
Green Economy and Climate Change [No.

the Technical Committee. Non-
application
of Part
Act No. 4 of
2015
Concept note
Evaluation of
project
proposal
Green Economy and Climate Change [No.

18 of 2024 297

18 of 2024 297

(2) The Director shall, where the Director considers that the
project proposal submitted in accordance with section 20(6) is
incomplete, within five days of receipt of the project proposal, request
the project developer to submit any other information that the
Director may require. (3) The Technical Committee shall, within thirty days of receipt
of the project proposal, under subsection (1), evaluate the project
proposal and approve or reject the project proposal. (4) The Technical Committee shall, where the Technical
Committee rejects a project proposal under subsection (3), notify
the project developer, in writing, stating the reasons for the rejection. (5) The Technical Committee shall, where the Technical
Committee approves a project proposal under subsection (3),
issue an approval to the project developer, in a prescribed form. (6) The Department shall enter a project approved under this
section into the Integrated Measuring Reporting and Verification
System established under section 18.

rtment shall enter a project approved under this
section into the Integrated Measuring Reporting and Verification
System established under section 18.

(7) A project developer shall prior to implementing a project
approved under this section, where applicable, sign a community
development and benefit sharing agreement with the beneficiaries
where operations are to be carried out in a prescribed manner. (8) The community development and benefit sharing
agreement referred to under subsection (7) shall contain particulars
as prescribed. PART VI
CARBON MARKETS
22. The ownership of carbon is vested in the President, on
behalf of the Republic, until transferred or assigned under this Act
or under any other written law. 23. (1) A person shall not trade in carbon without a certificate
of authorisation issued under this Act. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term not
exceeding three years, or to both. 24. (1) A person who intends to trade in carbon credits shall
apply to the Director for a certificate of authorisation, in a prescribed
manner and form on payment of a prescribed fee.

rade in carbon credits shall
apply to the Director for a certificate of authorisation, in a prescribed
manner and form on payment of a prescribed fee.

(2) Subject to subsections (4) and (5), the Director shall, within
thirty days of receipt of an application under subsection (1), approve
or reject the application. Ownership of
carbon
Prohibition
of trading in
carbon
credits
without
authorisation
Application
for
authorisation
to trade in
carbon
credits
Green Economy and Climate Change298 No. 18 of 2024]

g in
carbon
credits
without
authorisation
Application
for
authorisation
to trade in
carbon
credits
Green Economy and Climate Change298 No. 18 of 2024]

(3) The Director shall, where the Director rejects an application
under subsection (2), notify the applicant in a prescribed manner
and form, stating the reasons for the rejection. (4) The Director shall issue an applicant with a certificate of
authorisation in a prescribed manner and form if the applicant—
(a) has carbon verification by a registered verifier; and
(b) is a project developer whose project has been approved
under Part V of this Act or a holder of a carbon stock
management permit issued under the Forests Act, 2015. (5) The Director shall, in addition to the conditions under
subsection (3), have regard to the following when considering an
application made under subsection (1):
(a) preservation of environmental integrity;
(b) avoidance of double counting;
(c) participation and benefit sharing in the profits arising from
carbon trading with local communities;
(d) demonstration of additionality; and
(e) promotion of sustainable development. (6) The certificate of authorisation issued under this section
shall be valid for a period of five years from the date of issue. 25.

able development. (6) The certificate of authorisation issued under this section
shall be valid for a period of five years from the date of issue. 25.

(1) Subject to this Act, the Director may suspend or revoke
a certificate of authorisation if the holder of the certificate of
authorisation—
(a) obtained the certificate through fraud, misrepresentation
or concealment of a material fact;
(b) fails to comply with a term or condition of the certificate;
or
(c) contravenes a provision of this Act or any other relevant
written law. (2) In addition to subsection (1), the Director may, in the public
interest, suspend or revoke a certificate of authorisation. (3) The Director shall, before suspending or revoking a
certificate of authorisation in accordance with subsection (1) or
(2), notify the holder of the certificate of authorisation of its intention
to suspend or revoke the certificate and shall—
(a) give reasons for the intended suspension or revocation;
and
(b) require the holder of the certificate of authorisation to
show cause, within a period of not more than thirty days,
why the certificate of authorisation should not be
suspended or revoked. Suspension
or revocation
of certificate
of
authorisation
Act No 4 of
2015
Green Economy and Climate Change [No. 18 of 2024 299

e
suspended or revoked. Suspension
or revocation
of certificate
of
authorisation
Act No 4 of
2015
Green Economy and Climate Change [No. 18 of 2024 299

(4) The Director shall not suspend or revoke a certificate of
authorisation under this section if the holder of the certificate of
authorisation takes remedial measures to the satisfaction of the
Director within the period specified under subsection (3). (5) The Director shall, in making its final determination on the
suspension or revocation of a certificate of authorisation, consider
the submissions made by the holder of the certificate of authorisation
under subsection (3). (6) The Director may suspend or revoke a certificate of
authorisation if the holder of the certificate after being notified
under subsection (3) fails to show cause or does not take any
remedial measures, to the satisfaction of the Director, within the
time specified under that subsection. (7) A holder of the certificate of authorisation shall, where a
certificate of authorisation is revoked in accordance with this section,
surrender that certificate to the Director, subject to the conditions
that the Director may impose. 26. (1) A person whose certificate of authorisation is destroyed
or lost may apply to the Director for a duplicate certificate in a
prescribed manner and form on payment of a prescribed fee.

thorisation is destroyed
or lost may apply to the Director for a duplicate certificate in a
prescribed manner and form on payment of a prescribed fee.

(2) The Director may, within thirty days of receipt of an
application under subsection (1), issue a duplicate certificate of
authorisation to the applicant. 27. A certificate of authorisation issued under this Part shall
not be transferred to a third party. 28. (1) Any dispute arising during the implementation of a
programme or project relating to carbon credits shall be resolved in
a manner that shall be agreed by the parties or failing such
agreement, in accordance with the Arbitration Act, 2000. (2) A dispute resolved in accordance with this section shall
take into account
(a) meeting the beneficiaries’ needs and requirements;
(b) compensation of beneficiaries; and
(c) the provision of information to beneficiaries. Duplicate
certificate of
authorisation
Prohibition
of transfer of
certificate of
authorisation
Dispute
resolution
Act No. 19
of 2000
Green Economy and Climate Change300 No. 18 of 2024]

tion
Prohibition
of transfer of
certificate of
authorisation
Dispute
resolution
Act No. 19
of 2000
Green Economy and Climate Change300 No. 18 of 2024]

PART VII
REGISTRATION OF VERIFIERS
29. (1) A person shall not verify carbon credits in the Republic
without a certificate of registration as a verifier issued under this
Act. (2) A person who contravenes subsection (1),commits an
offence and is liable, on conviction, to a fine not exceeding three
hundred thousand penalty units or to imprisonment for a term not
exceeding three years, or to both. 30. (1) A person who intends to verify carbon credits in the
Republic shall apply to the Director for registration as a verifier in
a prescribed manner and form and on payment of a prescribed
fee. (2) The Director shall, within thirty days of receipt of an
application under subsection (1), grant or reject the application. (3) The Director shall, where the Director rejects an application
under subsection (2), inform the applicant in a prescribed manner,
stating the reasons for the rejection. (4) The Director shall, where an applicant meets the
requirements under this Act, issue the applicant with a certificate
of registration in a prescribed form which shall be valid for a period
of three years. 31.

ents under this Act, issue the applicant with a certificate
of registration in a prescribed form which shall be valid for a period
of three years. 31.

(1) Subject to this Act, the Director may suspend or revoke
a certificate of registration if the holder of the certificate of
registration—
(a) obtained the certificate through fraud, misrepresentation
or concealment of a material fact;
(b) fails to comply with a term or condition of the certificate;
or
(c) contravenes a provision of this Act or any other relevant
written law. (2) The Director shall, before suspending or revoking a
certificate of registration in accordance with subsection (1), notify
the holder of the certificate of registration of its intention to suspend
or revoke the certificate and shall—
(a) give reasons for the intended suspension or revocation;
and
(b) require the holder of the certificate of registration to show
cause, within a period of not more than thirty days, why
the certificate of registration should not be suspended
or revoked. Prohibition
of verifying
carbon
credits
without
registration
Registration
of verifiers
Suspension
or revocation
of
registration
Green Economy and Climate Change [No. 18 of 2024 301

n
credits
without
registration
Registration
of verifiers
Suspension
or revocation
of
registration
Green Economy and Climate Change [No. 18 of 2024 301

(3) The Director shall not suspend or revoke a certificate of
registration under this section if the holder of the certificate of
registration takes remedial measures to the satisfaction of the
Director within the period specified under subsection (2). (4) The Director shall, in making its final determination on the
suspension or revocation of a certificate of registration, consider
the submissions made by the holder of the certificate of registration
under subsection (2). (5) The Director may suspend or revoke a certificate of
registration if the holder of the certificate after being notified under
subsection (2) fails to show cause or does not take any remedial
measures, to the satisfaction of the Director, within the time
specified under that subsection. (6) A holder of the certificate of registration shall, where a
certificate of registration is revoked in accordance with this section,
surrender that certificate to the Director, subject to the conditions
that the Director may impose. PART VIII
ENFORCEMENT
32.

dance with this section,
surrender that certificate to the Director, subject to the conditions
that the Director may impose. PART VIII
ENFORCEMENT
32.

(1) Subject to this Act, an authorised officer may, at any
reasonable time with a warrant—
(a) enter on and inspect any land, building or premises where
the authorised officer has reasonable grounds to believe
that an offence has been or is likely to be committed;
(b) search any person found on any land, building or premises
where the authorised officer has reasonable grounds to
believe that the person is in possession of a book, record,
document, product, measuring instrument or measuring
equipment that has a bearing on an inspection, except
that a person shall only be searched by a person of the
same sex;
(c) request that information is provided about any book,
document, record, product, measuring instrument,
measuring equipment, industrial facility or plant,
undertaking or business by—
(i) the owner of the land, building or premises;
(ii) the person in control of the land, building or
premises; or
(iii) the person in control of any book, document,
record, product, measuring instrument, measuring
equipment, industrial facility or plant, undertaking
or business;
Powers of
authorised
officer
Green Economy and Climate Change302 No. 18 of 2024]

ing
equipment, industrial facility or plant, undertaking
or business;
Powers of
authorised
officer
Green Economy and Climate Change302 No. 18 of 2024]

(d) examine any book, document, record, product, measuring
instrument, measuring equipment, industrial facility or
plant, undertaking or business;
(e) take extracts from, or make copies of, any book, document
or record found on the person, land, building or premises;
(f)use any computer system on the premises or require the
assistance of a person on the premises to use that
computer system to—
(i) search any data contained in, or available on, the
computer system;
(ii) reproduce any records from the data; or
(iii) seize any output from the computer for
examination and copying;
(g) seize any substance, material, matter, vehicle or other
conveyance or equipment where the authorised officer
has reasonable grounds to believe that the substance,
material, matter, vehicle or other conveyance or
equipment has been used or is being used for the
commission of an offence under this Act; or
(h) attach and, if necessary, remove from the land, building
or premises for examination and safeguarding, any book,
document, record, product, measuring instrument or
measuring equipment.

rom the land, building
or premises for examination and safeguarding, any book,
document, record, product, measuring instrument or
measuring equipment.

(3) An authorised officer who removes anything from any land,
building or premises shall—
(a) issue a receipt for anything removed to the owner or the
person in control of the land, building or premises; and
(b) return anything removed as soon as practicable after the
thing removed has served the purpose for which it was
removed. (4) A person commits an offence if that person—
(a) delays or obstructs an authorised officer in the
performance of the authorised officer’s functions under
this Act;
(b) refuses to give an authorised officer reasonable assistance
that the authorised officer may require for purposes of
exercising the authorised officer’s functions;
(c) gives an authorised officer false or misleading information
in answer to an inquiry made by the authorised officer;or
(d) impersonates or falsely represents oneself as an authorised
officer. Green Economy and Climate Change [No. 18 of 2024 303

he authorised officer;or
(d) impersonates or falsely represents oneself as an authorised
officer. Green Economy and Climate Change [No. 18 of 2024 303

(5) A person convicted of an offence under subsection (4) is
liable, on conviction, to a fine not exceeding two hundred thousand
penalty units or to imprisonment for a term not exceeding two years,
or to both. 33. (1) The Director may, where the Director has reasonable
grounds to believe that any condition of an authorisation or certificate
issued under this Act has been breached, serve a compliance order,
in a prescribed manner and form, on the person requiring that person
to remedy the breach within the period stipulated in the order. (2) A compliance order issued under subsection (1) may—
(a) suspend the authorisation or certificate with immediate
effect if the Director considers that the suspension is
necessary for the purposes of this Act; or
(b) require the person to take specified measures to achieve
the purposes of this Act. (3) A person on whom a compliance order is served shall
comply with the requirements of the order by the date specified in
the order and if no date is specified, the person shall comply with
the order immediately.

with the requirements of the order by the date specified in
the order and if no date is specified, the person shall comply with
the order immediately.

(4) The Director may, where the holder of an authorisation or
certificate fails to comply with a compliance order—
(a) revoke the authorisation or certificate; or
(b) take such other action as the Director considers necessary. (5) A person who contravenes subsection (3), commits an
offence and is liable, on conviction—
(a) in the case of a natural person, to a fine not exceeding
three hundred thousand penalty units, or to imprisonment
for a term not exceeding three years, or to both; or
(b) in the case of a legal person, to a fine not less than five
hundred thousand penalty units but not exceeding three
million penalty units. (6) A person shall, where a person fails to comply with a
requirement specified in the compliance order within the specified
time, be liable, in addition to the penalty specified under subsection
(5), to a further fine not exceeding six thousand penalty units for
each day after the date specified in the order during which the
offence continues. Compliance
order
Green Economy and Climate Change304 No. 18 of 2024]

ach day after the date specified in the order during which the
offence continues. Compliance
order
Green Economy and Climate Change304 No. 18 of 2024]

PART IX
THE GREEN ECONOMY AND CLIMATE CHANGE FUND
34. (1) There is established the Green Economy and Climate
Change Fund for the purpose of managing green economy and
climate change interventions. (2) Despite the generality of subsection (1), the Fund may be
applied for the purposes of—
(a) financing projects for the implementation of climate change
actions and measures, including specific technologies,
materials, equipment, techniques or practices necessary
to implement such projects;
(b) maintaining the Integrated Measuring Reporting and
Verification System;
(c) capacity development;
(d) research and data collection on climate change and
systematic observation of climate change, taking into
account the need to minimise duplication of effort;
(e) providing grants and loans to individuals, private entities
and local government for climate change research and
innovation in industry, technology, science, academia and
policy formulation; or
(f) any other matter relating to the promotion of Green
Economy and Climate Change, as may be prescribed.

science, academia and
policy formulation; or
(f) any other matter relating to the promotion of Green
Economy and Climate Change, as may be prescribed.

(3) The Fund consists of monies that may—
(a) be appropriated by Parliament for the purposes of the
Fund;
(b) subject to the Public Finance Management Act, 2018, be
received by way of grants and donations from any
source, with the approval of the Minister;
(c) be levied from carbon credit transactions;
(d) vest in, or accrue to, the Fund; and
(e) be payable to the Fund by or under any other written law. (4) Subject to the approval of the Minister responsible for
finance, the ministry responsible for green economy and climate
change may—
(a) accept monies by way of grants or donations from a source
within or outside the Republic; and
(b) charge and collect fees for services provided by the
Department. Establishment
of Green
Economy
and Climate
Change Fund
Act No. 1 of
2018
Green Economy and Climate Change [No. 18 of 2024 305

vided by the
Department. Establishment
of Green
Economy
and Climate
Change Fund
Act No. 1 of
2018
Green Economy and Climate Change [No. 18 of 2024 305

(5) Subject to the Public Finance Management Act, 2018, the
ministry responsible for green economy and climate change may
invest any monies of the Fund that are not immediately required
for the purpose of the Fund, in a manner authorised by the Council. 35. (1) Subject to the Public Finance Management Act, 2018,
the Fund shall be managed and administered by the ministry
responsible for green economy and climate change. (2) The Ministry responsible for climate change shall ensure
that prudent controls are established for the Fund relating to—
(a) fiscal controls and accounting procedures governing the
Fund;
(b) reporting procedures for matters relating to the Fund; and
(c) investment of the monies of the Fund. 36. (1) The Ministry responsible for green economy and climate
change shall cause to be kept proper books of accounts and other
records relating to the Fund. (2) The Fund shall be audited annually by the Auditor-General
or an auditor appointed by the Auditor-General. (3) The fees for the audit of the Fund shall be paid from the
Fund. 37.

nnually by the Auditor-General
or an auditor appointed by the Auditor-General. (3) The fees for the audit of the Fund shall be paid from the
Fund. 37.

(1) The ministry responsible for green economy and climate
change shall, as soon as practicable, but not later than ninety days
after the end of the financial year, submit to the Minister responsible
for finance a report concerning the Department’s activities during
the financial year. (2) The report under subsection (1), shall include information
on the financial affairs of the Department and there shall be
appended to the report—
(a) an audited statement of financial position;
(b) an audited statement of comprehensive income and
expenditure; and
(c) other information that the Minister responsible for finance
may require. Management
of Fund
Act No. 1 of
2018
Accounts
and audit
Annual
report
Act No. 1 of
2018
Green Economy and Climate Change306 No. 18 of 2024]

y require. Management
of Fund
Act No. 1 of
2018
Accounts
and audit
Annual
report
Act No. 1 of
2018
Green Economy and Climate Change306 No. 18 of 2024]

(3) The Minister responsible for finance shall, not later than
seven days after the first sitting of the National Assembly next
after receipt of the report under subsection (1), lay the report before
the National Assembly. PART X
GENERAL PROVISIONS
38. (1) A person aggrieved with a decision of the Director made
under this Act may appeal to the Minister within thirty days from
the date of receipt of the decision. (2) A person aggrieved with the decision of the Technical
Committee made under this Act may appeal to the Council within
thirty days from the date of receipt of the decision. (3) In determining the appeal, the Minister or Council, as the
case may be, shall have regard to—
(a) the purpose of this Act and the principles set out in section
3; and
(b) the relevant policies and standards on climate change and
guidelines published by the Department. (4) A person aggrieved with the decision of the Council may
appeal to the High Court. 39. (1) The Department shall keep and maintain the Climate
Change Register which shall contain information on green economy
and climate change, as may be prescribed.

artment shall keep and maintain the Climate
Change Register which shall contain information on green economy
and climate change, as may be prescribed.

(2) The register shall be kept in the custody of the Director
and shall be open for inspection by members of the public during
normal office hours, on payment of a prescribed fee. (3) The Director may, on an application by any person, issue
to the person a certified extract from the register, on payment of a
prescribed fee. (4) A document purporting to be an extract of an entry in the
register and certified under the hand of the Director shall be
received in evidence, as to the matters stated in the extract, in any
legal proceedings. Appeals
Climate
Change
Register
Green Economy and Climate Change [No. 18 of 2024 307

s to the matters stated in the extract, in any
legal proceedings. Appeals
Climate
Change
Register
Green Economy and Climate Change [No. 18 of 2024 307

(5) Subject to this Act, a copy of the last printed register shall
be prima facie evidence in legal proceedings of what is contained
in that Register. 40. An action or other proceeding shall not lie or be instituted
against a member of the Council, Technical Committee or a
committee of the Council, a member of staff of the Department or
a person lawfully performing the duties of the Department for, or
in respect of, an act or thing done or omitted to be done in good
faith in the exercise or performance of any of the powers, functions
or duties conferred under this Act. 41. The ministry responsible for education shall, in consultation
with the Director, integrate climate change education and research
in the national curriculum. 42. The Minister responsible for finance may, in consultation
with the Minister, provide incentives as may be prescribed to persons
engaged in implementing adaptation and mitigation measures in
matters related to this Act. 43.

ter, provide incentives as may be prescribed to persons
engaged in implementing adaptation and mitigation measures in
matters related to this Act. 43.

Where an offence under this Act is committed by a body
corporate or unincorporate body, with the knowledge, consent or
connivance of the director, manager, shareholder or partner of the
body corporate or unincorporate body, that director, manager,
shareholder or partner commits the same offence as the body
corporate or unincorporate body and is liable, on conviction, to the
penalty specified for that offence under this Act. 44. A person who commits an offence under this Act for which
no penalty has been provided is liable, on conviction, to a fine not
exceeding three hundred thousand penalty units or to imprisonment
for a term not exceeding three years, or to both. 45. (1) The Department may in the exercise of its functions
under this Act, issue guidelines as are necessary for the better
carrying out of the provisions of this Act. (2) The Department shall cause to be published the guidelines
issued under this Act in the Gazette and in a daily newspaper of
general circulation in the Republic or on the website for the ministry
responsible for green economy and climate change, and the
guidelines shall take effect on the date of publication in the Gazette.

ite for the ministry
responsible for green economy and climate change, and the
guidelines shall take effect on the date of publication in the Gazette.

Integration
of climate
change in
learning
programmes
Incentives
for climate
change action
Offence by
principal
officers of
body
corporate or
unincorporate
body
General
penalty
Guidelines
Immunity
Green Economy and Climate Change308 No. 18 of 2024]

by
principal
officers of
body
corporate or
unincorporate
body
General
penalty
Guidelines
Immunity
Green Economy and Climate Change308 No. 18 of 2024]

(3) The guidelines published under subsection (2) shall bind
the persons regulated under this Act. 46. (1) The Minister may, by statutory instrument, make
Regulations for the better carrying out of the provisions of this Act.

gulated under this Act. 46. (1) The Minister may, by statutory instrument, make
Regulations for the better carrying out of the provisions of this Act.

(2) Despite subsection (1), the Regulations made under this
section may provide for the—
(a) criteria for engaging in carbon credit generation;
(b) requirements for project proposals and concept notes for
carbon credit generation;
(c) monitoring of projects relating to approved project
proposals;
(d) qualifications and procedure for registration of verifiers;
(e) provision of data and information to the Integrated
Measuring Reporting and Verification System by specific
sectors;
(f) procedure for accessing funds under the Fund;
(g) application of monies of the Fund;
(h) procedure for the trading of carbon credits in the Republic;
(i) information to be contained in the register;
(j)standards for greenhouse gas emissions;
(k) incentives for climate change actions;
(l) form of submission of reports on sectoral greenhouse gas
emissions and low carbon strategies;
(m) forms used for purposes of applications made and
authorisations or approvals issued under this Act;
(n) form of a compliance order issued under this Act;
(o) climate change obligations of a private body and individual;
(p) the nature and procedure for reporting on the performance
of private bodies and individuals with regard to the
obligations imposed by the Minister under this section;
and
(q) fees payable under this Act.

ance
of private bodies and individuals with regard to the
obligations imposed by the Minister under this section;
and
(q) fees payable under this Act.

Regulations
Green Economy and Climate Change [No. 18 of 2024 309

47. (1) The Minister shall develop a National Adaptation Plan
and National Mitigation Plan within two years of the commencement
of this Act.
(2) An appropriate authority shall develop a sector emission
plan referred to under section 13, within two years of the
commencement of this Act.
(3) A person who, prior to the commencement of this Act,
was granted authorisation to participate in the carbon market shall
be deemed to have been granted authorisation under this Act.
(4) A person who, prior to the commencement of this Act,
was undertaking an activity to which this Act applies shall, within
one hundred and eighty days of the commencement of this Act,
apply for, and obtain, authorisation in accordance with this Act.
Savings and
transitional
provisions
Green Economy and Climate Change310 No. 18 of 2024]

ly for, and obtain, authorisation in accordance with this Act.
Savings and
transitional
provisions
Green Economy and Climate Change310 No. 18 of 2024]

SCHEDULE
(Sections 6(5) and 8(7))
ADMINISTRATION OF THE COUNCIL AND TECHNICAL COMMITTEE
1. (1) A member of the Technical Committee shall, subject to
other provisions of this Act, hold office for a term of three years
and may be re-appointed for a further and final term of two years
from the date of appointment. (2) A member of the Technical Committee may, on the
expiration of a term for which a member is appointed, continue to
hold office until another member is appointed but in no case shall
an extension of the period exceed three months.

a member is appointed, continue to
hold office until another member is appointed but in no case shall
an extension of the period exceed three months.

(3) The office of a member of the Council and Technical
Committee becomes vacant if the member—
(a) dies;
(b) is adjudged bankrupt under any written law;
(c) resigns by giving one month’s notice, in writing—
(i) in the case of the Council, to the President; and
(ii) in the case of the Technical Committee, to the
Minister;
(d) is legally disqualified from performing the functions of a
member of the Council or Technical Committee;
(e) is absent, without reasonable excuse, from three
consecutive meetings of the Council or Technical
Committee of which the member has had notice without
the prior approval of the Council or Technical Committee;
or
(f) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a term
of six months without the option of a fine. (4) The Minister shall, where the office of a member of the
Technical Committee becomes vacant before the expiry of the
term of office, appoint another member to replace the member
who vacates office but that person shall only hold office for the
unexpired term of that office. Tenure of
office and
vacancy
Green Economy and Climate Change [No. 18 of 2024 311

person shall only hold office for the
unexpired term of that office. Tenure of
office and
vacancy
Green Economy and Climate Change [No. 18 of 2024 311

2. (1) Subject to the other provisions of this Act, the Council or
Technical Committee may regulate its own procedure. (2) The Council or Technical Committee shall meet for the
transaction of business at least once in every three months at a
place and time as the Chairperson may determine. (3) The Chairperson may, on giving notice of not less than
fourteen days, call for a meeting of the Council or Technical
Committee, or where one third or more of the Council members or
Technical Committee members so request, in writing, except that
if the urgency of a particular matter does not permit the giving of a
notice, a special meeting may be called on giving a shorter notice. (4) Five members of the Council shall form a quorum at a
meeting of the Council. (5) Seven members of the Technical Committee shall form a
quorum at a meeting of the Technical Committee. (6) There shall preside at a meeting of the Council or Technical
Committee—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;
or
(c) in the absence of both the Chairperson and Vice-
Chairperson, a member of the Council as the members
of the Council present may elect for the purpose of that
meeting.

f both the Chairperson and Vice-
Chairperson, a member of the Council as the members
of the Council present may elect for the purpose of that
meeting.

(7) A decision of the Council or Technical Committee on any
question shall be by a majority of the members of the Council or
Technical Committee present and voting at the meeting, and in the
event of an equality of votes, the person presiding at the meeting
shall have a casting vote in addition to that person’s deliberative
vote. (8) The Council or Technical Committee may invite a person
whose presence is in the Council’s or Technical Committee’s
opinion desirable to attend and participate in the deliberations of
the meeting, but that person shall have no vote. (9) The Council or Technical Committee shall cause minutes
to be kept of the proceedings of every meeting of the Council and
of any committee of the Council or Technical Committee . Proceedings
of Council
and
Technical
Committee
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y committee of the Council or Technical Committee . Proceedings
of Council
and
Technical
Committee
Green Economy and Climate Change312 No. 18 of 2024]

3. (1) The Council may, for the purpose of performing its
functions under this Act, constitute a committee and delegate any
of the Council’s functions to the committee that it considers
necessary. (2) The Council may appoint as members of a committee
persons who are or are not members of the Council, except that at
least one member of the Council shall be a member of a committee. (3) A member of a committee shall hold office for a term that
the Council may determine. (4) Subject to any specific or general direction of the Council,
a committee may regulate its own procedure. 4. (1) A person who is present at a meeting of the Council,
Technical Committee or a committee of the Council at which any
matter is the subject of consideration, and in which matter that
person or that person’s relative or associate is directly or indirectly
interested in a private capacity, shall, as soon as is practicable after
the commencement of the meeting, declare that interest and shall
not, unless the Council, Technical Committee or the committee of
the Council otherwise directs, take part in any consideration or
discussion of, or vote on, any question relating to that matter.

or the committee of
the Council otherwise directs, take part in any consideration or
discussion of, or vote on, any question relating to that matter.

(2) A disclosure of interest made under subparagraph (1) shall
be recorded in the minutes of the meeting at which it is made. 5. (1) A person shall not, without the consent in writing, given
by or on behalf of the Council, Technical Committee or Committee
of the Council, publish or disclose to a person, other than in the
course of duties of that person, the contents of a document,
communication or information which relates to, or which has come
to the knowledge of that person in the course of that person’s duties
under this Act. (2) A person who contravenes subparagraph (1) commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. (3) A person who, having information which to that person’s
knowledge has been published or disclosed in contravention of
subparagraph (1), unlawfully publishes or communicates the
information to another person, commits an offence and is liable, on
conviction, to a fine not exceeding two hundred thousand penalty
units or to imprisonment for a term not exceeding two years, or to
both.

s liable, on
conviction, to a fine not exceeding two hundred thousand penalty
units or to imprisonment for a term not exceeding two years, or to
both.

Committee
of Council
Disclosure of
interest
Prohibition
of
publication
or disclosure
of
information
to
unauthorised
persons
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