Climate Change Act (Northern Ireland) 2022
| Jurisdiction | Northern Ireland |
| Citation | 2022 NI c 31 |
| Year | 2022 |
Climate Change Act (Northern Ireland) 2022
2022 Chapter 31
An Act to set targets for the years 2050, 2040 and 2030 for the reduction of greenhouse gas emissions; to provide for a system of carbon budgeting; to provide for reporting and statements against those targets and budgets; to confer power to impose climate change reporting duties on public bodies; to provide for reports and advice from the Committee on Climate Change; and for connected purposes.
[06 June 2022]
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
PART 1
Emissions Targets And Sectoral Plans
The emissions targets
1 The emissions targets for 2050
(1) The Northern Ireland departments must ensure that the net Northern Ireland emissions account for the year 2050 is at least 100% lower than the baseline.
(2) The Northern Ireland departments must ensure that the net Northern Ireland emissions account for carbon dioxide for the year 2050 is at least 100% lower than the baseline for carbon dioxide.
(3) The duty in subsection (1) does not require the net Northern Ireland emissions account for methane for the year 2050 to be more than 46% lower than the baseline for methane.
2 Emissions targets for 2030 and 2040
(1) The Department must set targets for the years 2030 and 2040 that are in line with the target for the year 2050.
(2) Proposed targets for the years 2030 and 2040 must be laid before the Assembly within 24 months of this Act receiving Royal Assent and be approved by draft affirmative resolution.
3 The emissions target for 2040
The Northern Ireland departments must ensure that the net Northern Ireland emissions account for the year 2040 is in line with the target for the year 2050.
4 The emissions target for 2030
The Northern Ireland departments must ensure that the net Northern Ireland emissions account for the year 2030 is at least 48% lower than the baseline.
Power to amend targets
5 Power to amend emissions targets
(1) The Department may by regulations amend section 1, 3 or 4 so as to specify—
(a)
(a) for a particular emissions target, an earlier year than that for the time being specified;
(b)
(b) for a particular year, a higher percentage than that for the time being specified.
(2) The Department may by regulations amend this Part so as to impose a duty on the Northern Ireland departments to ensure that the net Northern Ireland emissions account for a specified year is at least a specified percentage lower than the baseline.
(3) See section 54 for restrictions on the powers conferred by subsections (1) and (2).
6 Duty to consider whether to revise targets
(1) The Department must consider whether the targets in sections 3 and 4 are consistent with meeting the emissions target in section 1(1).
(2) In relation to each of the targets in sections 3 and 4, the Department must either—
(a)
(a) lay before the Assembly draft regulations under section 5 to amend the target so as to be consistent with the target in section 1(1), or
(b)
(b) lay before the Assembly a statement explaining why it considers that the target does not need to be amended.
(3) The Department must lay draft regulations or a statement in relation to each target within the period of 2 years beginning with the day on which this Act receives Royal Assent.
(4) Section 54(2) does not apply to regulations laid before the Assembly under subsection (2)(a).
Meaning of key concepts
7 Meaning of “baseline”
(1) The baseline is the aggregate amount of net Northern Ireland emissions of each greenhouse gas mentioned in the following table in the year specified in relation to that gas—
Greenhouse gas |
Year |
Carbon dioxide |
1990 |
Methane |
1990 |
Nitrous oxide |
1990 |
Hydrofluorocarbons |
1995 |
Perfluorocarbons |
1995 |
Sulphur hexafluoride |
1995 |
Nitrogen trifluoride |
1995 |
(2) The baseline for carbon dioxide is the amount of net Northern Ireland emissions of carbon dioxide in 1990.
(3) The baseline for methane is the amount of net Northern Ireland emissions of methane in 1990.
(4) The Department may by regulations amend—
(a)
(a) the table in subsection (1) so as to specify a different year in relation to a greenhouse gas, or
(b)
(b) subsection (2) or (3) so as to specify a different year in relation to carbon dioxide or methane.
(5) See section 55 for restrictions on the powers conferred by subsection (4).
8 Meaning of “net Northern Ireland emissions account”
(1) The net Northern Ireland emissions account for a year is determined as follows—
(a)
(a) take the aggregate amount of net Northern Ireland emissions of each greenhouse gas for that year (which is to be determined in accordance with sections 9 and 10),
(b)
(b) deduct the amount of carbon units that are to be credited to the net Northern Ireland emissions account for that year (in accordance with regulations under section 11), and
(c)
(c) add the amount of carbon units that are to be debited from the net Northern Ireland emissions account for that year (also in accordance with regulations under section 11).
(2) Subsection (1) does not apply in relation to the net Northern Ireland emissions account for carbon dioxide for 2050 or the net Northern Ireland emissions account for methane for 2050 (see subsections (3) and (4)).
(3) The net Northern Ireland emissions account for carbon dioxide for 2050 is determined as follows—
(a)
(a) take the amount of net Northern Ireland emissions of carbon dioxide for 2050 (which is to be determined in accordance with sections 9 and 10),
(b)
(b) deduct the amount of carbon units that are to be credited to the net Northern Ireland emissions account for carbon dioxide for 2050 (in accordance with regulations under section 11), and
(c)
(c) add the amount of carbon units that are to be debited from the net Northern Ireland emissions account for carbon dioxide for 2050 (also in accordance with regulations under section 11).
(4) The net Northern Ireland emissions account for methane for 2050 is the amount of net Northern Ireland emissions of methane for 2050 (which is to be determined in accordance with sections 9 and 10).
Meaning of underlying concepts
9 Meaning of “net Northern Ireland emissions”
(1) The amount of net Northern Ireland emissions of a greenhouse gas for a period is—
(a)
(a) the amount of Northern Ireland emissions of the gas for the period (see subsection (2)),
minus
(b)
(b) the amount of Northern Ireland removals of the gas for the period (see subsection (3)).
(2) The Northern Ireland emissions of a gas for a period are—
(a)
(a) emissions of the gas from sources in Northern Ireland in the period, and
(b)
(b) emissions of the gas from international aviation or international shipping that count as Northern Ireland emissions for the period (as determined by regulations under section 10).
(3) The Northern Ireland removals of a gas for a period are removals of the gas from the atmosphere in the period due to—
(a)
(a) land use in Northern Ireland;
(b)
(b) land-use change in Northern Ireland;
(c)
(c) forestry activities in Northern Ireland; and
(d)
(d) the use of carbon capture and storage technology in Northern Ireland.
(4) The Department may by regulations amend subsection (3) so as to amend the definition of Northern Ireland removals.
(5) The amounts of Northern Ireland emissions and Northern Ireland removals of a gas for a period must be determined consistently with international carbon reporting practice (see section 63).
10 Meaning of “Northern Ireland emissions”: international aviation and shipping
(1) The Department may by regulations make provision for emissions of a greenhouse gas from international aviation or international shipping to count as Northern Ireland emissions of the gas.
(2) The regulations may—
(a)
(a) specify activities which are to be regarded as international aviation or international shipping;
(b)
(b) specify the circumstances in which, and the extent to which, emissions of a greenhouse gas from international aviation or international shipping are to count as Northern Ireland emissions of that gas;
(c)
(c) specify the period (whether past or future) for which emissions of a greenhouse gas from international aviation or international shipping are to count as Northern Ireland emissions of that gas;
(d)
(d) make provision about how emissions of a greenhouse gas from international aviation or international shipping are to be taken into account in determining Northern Ireland emissions of that gas for the year specified in section 7(1) in relation to it.
11 Crediting and debiting of carbon units
(1) The Department may by regulations make provision about—
(a)
(a) the circumstances in which carbon units may or may not be credited to the net Northern Ireland emissions account for a period,
(b)
(b) the circumstances in which carbon units may or may not be debited from that account for a period, and
(c)
(c) how that is to be done.
Section 59 explains what a “carbon unit” is.
(2) The regulations must contain provision for ensuring that carbon units that are credited to the net Northern Ireland emissions account for a period cease to be available to offset other greenhouse gas emissions.
(3) The regulations must set a limit on the net amount of carbon units by which the net Northern Ireland emissions account for a period may be reduced as a result of applying provision made under subsection (1)(a) and (b); and that limit must not be greater than 25% of the aggregate...
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