Climate Action and Low Carbon Development Act 2015

1.

Interpretation

1. In this Act—

“Act of 2001” means the Local Government Act 2001;

F1["administrative area" has the meaning assigned to it by the Act of 2001;]

“Agency” means the Environmental Protection Agency;

“adaptation” means any adjustment to—

(a) any system designed or operated by human beings, including an economic, agricultural or technological system, or

(b) any naturally occurring system, including an ecosystem,

that is intended to counteract the effects (whether actual or anticipated) of climatic stimuli, prevent or moderate environmental damage resulting from climate change or confer environmental benefits;

“Advisory Council” has the meaning assigned to it by section 8(2);

F1["annual report" has the meaning assigned to it by section 12(1)(b);]

F1["approved climate action plan" means a climate action plan approved by the Government under section 4(9);]

“approved national adaptation framework” means a national adaptation framework approved by the Government under section 5 and includes any variation or revision of such framework made in accordance with that section;

F1["approved national long term climate action strategy" means a national long term climate action strategy approved by the Government under section 4(9);]

F2[]

“approved sectoral adaptation plan” means a sectoral adaptation plan approved by the Government under section 6 and includes any variation or revision of such sectoral adaptation plan made by the Government under section 6(8) or a variation or revision of such plan made in accordance with section 6 ;

F1["biodiversity" means the variability among living organisms from all sources including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part, and includes diversity within species, between species and of ecosystems;]

F1["budget period" has the meaning assigned to it by section 6A(1);]

F1["carbon budget" means the total amount of greenhouse gas emissions that are permitted during the budget period;]

F1["climate action plan" has the meaning assigned to it by section 4(1)(a);]

F1["climate neutral economy" means a sustainable economy and society where greenhouse gas emissions are balanced or exceeded by the removal of greenhouse gases;]

F3["emissions" means, in relation to greenhouse gases, emissions of those gases into the earth’s atmosphere attributable to industrial, agricultural, energy or other anthropogenic activities in the State;]

“establishment day” means the day appointed under section 8(1);

“greenhouse gas” means—

(a) carbon dioxide,

(b) methane,

(c) nitrous oxide,

(d) hydrofluorocarbons,

(e) perfluorocarbons,

(f) sulphur hexafluoride, or

(g) nitrogen trifluoride;

F1["joint committee" has the meaning assigned to it by the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 ;]

“local authority” has the meaning assigned to it by the Act of 2001;

“Minister” means the Minister for the Environment, Community and Local Government;

“mitigation” means any human intervention aimed at reducing harmful influences on the earth’s climate system, including action aimed at reducing emissions and creating or enhancing sinks;

“national adaptation framework” has the meaning assigned to it by section 5(1);

F1["national climate objective" has the meaning assigned to it by section 3(1);]

F1["national long term climate action strategy" has the meaning assigned to it by section 4(1)(b);]

F2[]

F2[]

“periodic review” has the meaning assigned to it by section 13;

“periodic review report” shall be construed in accordance with section 13(5);

F1["provisional carbon budget" has the meaning assigned to it by section 6A(3);]

F3["removal" means, in relation to greenhouse gases, the removal of those gases from the earth’s atmosphere through the use of natural or technological solutions, including the creation or enhancement of sinks, or a change of land use, in the State;]

“sectoral adaptation plan” shall be construed in accordance with section 6(1);

F2[]

“sink” means—

(a) a process or activity (including photosynthesis), whether natural or man made, that contributes to, or assists in, the removal of one or more greenhouse gases from the earth’s atmosphere, or

(b) an ecosystem or a mechanism (whether natural or man made), or part thereof, that contributes to, or assists in, the removal of one or more of such gases from the earth’s atmosphere.

Annotations:

Amendments:

F1

Inserted (7.09.2021) by Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), s. 3(a), S.I. No. 468 of 2021.

F2

Deleted (7.09.2021) by Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), s. 3(d)(i)-(iv), S.I. No. 468 of 2021.

F3

Substituted (7.09.2021) by Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), s. 3(b), (c), S.I. No. 468 of 2021.

Modifications (not altering text):

C1

Functions transferred and references construed (22.07.2016) by Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 393 of 2016, arts. 2, 3 and sch., subject to transitional provisions in arts. 4-8. Note that name of Minister and Department was changed to Communications, Climate Action and Environment (23.07.2016) by Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 421 of 2016), in effect as per art. 1(2). It was further changed to Environment, Climate and Communications (24.09.2020) by Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 373 of 2020), in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Communications, Energy and Natural Resources.

(2) References to the Department of the Environment, Community and Local Government contained in any Act or any instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Communications, Energy and Natural Resources.

3. (1) The functions conferred on the Minister for the Environment, Community and Local Government by or under any of the provisions of—

(a) the enactments specified in Schedule 1, and

(b) ...

are transferred to the Minister for Communications, Energy and Natural Resources.

(2) References to the Minister for the Environment, Community and Local Government contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Communications, Energy and Natural Resources.

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Schedule 1

Article 3(1)(a)

Enactments, functions by or under which are transferred from the Minister for the Environment, Community and Local Government to the Minister for Communications, Energy and Natural Resources.

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Climate Action and Low Carbon Development Act 2015 (No. 46 of 2015)

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