Climate Change Act, 2024 (Act No. 22 of 2024)Chapter 5 : Greenhouse Gas Emisssions and Removals28. Phase-down and phase-out of synthetic greenhouse gas emissions and declaration |
| (1) | The Minister, in consultation with the Ministers responsible for the greenhouse gas emitting sectors and sub-sectors contemplated in section 25, must by notice in the Gazette— |
| (a) | declare certain greenhouse gases to be synthetic greenhouse gases; |
| (b) | specify, in respect of each of the gases listed in the declaration contemplated in paragraph (a), whether such gases are required to be phased out or phased down; |
| (c) | prescribe thresholds for the use of synthetic greenhouse gases in terms of section 26(3)(b); and |
| (d) | contain timeframes for the phase-down or phase-out of synthetic greenhouse gases. |
| (2) | The Minister, in consultation with the Ministers responsible for the greenhouse gas emitting sectors and sub-sectors contemplated in section 25, and any affected party, in the prescribed manner, must— |
| (a) | develop a plan to phase down or phase out synthetic greenhouse gases declared in terms of subsection (1); and |
| (b) | review and update the plan provided for in paragraph (a) every five years. |
| (3) | A plan developed in accordance with subsection (2)(a) must— |
| (a) | address how importers and exporters of synthetic greenhouse gases must account for their emissions of synthetic greenhouse gases; |
| (b) | contain measures that facilitate the phase-down or phase-out of synthetic greenhouse gases; and |
| (c) | be consistent with the Republic’s international obligations. |
| (4) | The Minister may allocate a carbon budget to persons undertaking activities that give rise to emissions of the synthetic greenhouse gases declared pursuant to subsection (1), in which event the Minister must follow the process for the allocation of carbon budgets provided for in section 27. |