Climate Change Act (No. 43 of 2021).
Country
Type of law
Legislation
Abstract
This Act lays down a detailed framework for a whole of government approach to addressing the climate emergency in Fiji. The objectives of this Act are: (I) the development and implementation of long-term climate change measures and policies; (II) effective implementation of UNFCCC, Paris Agreement and its Nationally Determined Contribution to meet its international obligations; (III) the achievement of regional commitments and aspirations relating to climate change including the Suva Declaration on Climate Change; (IV) establishment of institutional and governance structures for the implementation of this Act; (V) the evidence-based consideration of climate change issues in specified areas of government and private sector decision-making; (VI) articulation of risk reduction responsibilities and formulation of resilience-building objectives across all sector plans and strategies; (VII) integration of climate change considerations into related policies with a gender sensitive and socially inclusive manner; (VIII) establishment of a transparent framework for the monitoring, reporting and verification of anthropogenic emissions by sources and anthropogenic removals by sinks of greenhouse gases; (IX) establishment of data management systems and the publicly accessible Information Platform to enhance government transparency and enable informed private and civil sector decision-making and risk management; (X) reduction of greenhouse gas emissions consistently in the long term; the implementation, operation and administration of regulations, measures and actions to provide for a strategic response to the climate-related emergencies; (XI) the development of emissions reduction projects, programs and activities and access to international carbon markets; (XII) enhancement of adaptive capacity to the impacts of climate change with respect to the communities, environment and ecosystems; (XIII) the relocation of at-risk communities and safeguard their rights; (XIV) conservation of oceans and enhancing their ability to respond to the adverse impacts of climate change; (XV) safeguarding Fiji’s national security and sovereignty including with respect to Fiji’s sovereignty over its maritime zones such as internal waters, archipelagic waters, territorial seas, contiguous zone and exclusive economic zone within the meaning of UNCLOS and in the alignment with the Declaration on Preserving Maritime Zones in the Face of Climate Change Related Sea Level Rise; (XVI) establishment of a framework for securing nationally and internationally derived finance for the implementation of this Act; and (XVII) financial measures against the impacts of climate change on the business environment. This Act recognizes that climate change is a threat to the rights and freedoms recognized in Chapter 2 of the Constitution, including the right to a clean and healthy environment and the right to adequate food and water. To this end, this Act underlines that while taking action to address climate change, Fiji will respect, promote and consider the sustainable development goals, gender equality and responsiveness, women’s human rights and the empowerment of women, rights of people living with disabilities and disability inclusive approaches, the elderly, children’s inalienable right to a healthy environment, youth, and vulnerable and marginalized groups and communities, including in the areas of formal sector employment and livelihoods, participation in decision-making and access to services, health, education, water, sanitation, housing and transport.
Attached files
Long title of text
An Act to establish a comprehensive response to climate change, to provide for the regulation and governance of the national response to climate change, to introduce a system for the measurement, reporting and verification of greenhouse gas emissions and for related matters.
Date of text
Entry into force notes
This Act enters into force on the date appointed by the Ministerial Notice in the Gazette.
Repealed
No
Source language
English
Legislation Amendment
No