Climate Action and Low Carbon Development Act 2015

F32[Role of local authority

14B

14B. (1) Each local authority shall prepare and make a plan relating to a period of five years (in this section referred to as a "local authority climate action plan") which shall specify the mitigation measures and the adaptation measures to be adopted by the local authority.

(2) A local authority shall make a local authority climate action plan—

(a) in the case of the first such plan, within 12 months of the receipt of a request from the Minister, which request shall be made not later than 18 months after the coming into operation of section 16 of the Climate Action and Low Carbon Development (Amendment) Act 2021, and

(b) in the case of each subsequent plan, not less than once in every period of five years.

(3) A local authority climate action plan shall, in so far as practicable, be consistent with the most recent approved climate action plan and national adaptation framework, and in making a local authority climate action plan, a local authority shall have regard to—

(a) the most recent approved national long term climate action strategy,

(b) the most recent approved sectoral adaptation plans, and

(c) any policies of the Minister or the Government on climate change.

(4) In making the local authority climate action plan, a local authority shall—

(a) consult and co-operate with adjoining local authorities,

(b) consult with the Public Participation Network in the administrative area of the local authority and such other persons as the local authority considers appropriate,

(c) co-ordinate, where appropriate, with adjoining local authorities in relation to the mitigation measures and adaptation measures to be adopted,

(d) consider any significant effects the implementation of the local authority climate action plan may have on adjoining local authorities, and

(e) consider any submissions made to it by an adjoining local authority under subsection (5)(c).

(5) A local authority shall, before making a local authority climate action plan—

(a) publish, in such manner as the local authority considers appropriate, a draft of the proposed local authority climate action plan,

(b) publish a notice on the internet and in at least one newspaper circulating in the administrative area of the local authority inviting members of the public and any interested parties to make submissions in writing in relation to the proposed local authority climate action plan within such period (not exceeding two months from the date of the publication of the notice) as may be specified in the notice, and

(c) have regard to any submissions made pursuant to, and in accordance with, a notice under paragraph (b).

(6) A local authority climate action plan shall be submitted to the members of the local authority concerned and those members shall, by resolution, within a period of six weeks—

(a) approve, or

(b) approve, subject to such modifications as they consider appropriate,

the local authority climate action plan.

(7) A local authority climate action plan shall have effect for a period of five years from the date on which it is approved by the members of the local authority concerned.

(8) The Minister may issue guidelines, consistent with furthering the achievement of the national climate objective, to local authorities in respect of the content and preparation of a local authority climate action plan and a local authority shall comply with any such guidelines.

(9) Not more than 30 days after a local authority climate action plan is approved under subsection (6), the local authority shall publish the local authority climate action plan in such manner as the local authority considers appropriate.

(10) A local authority may, at any time, vary or revise a local authority climate action plan approved under this section, and this section applies to any such variation or revision in the same manner as it applies to a local authority climate action plan, subject to the modification that any such variation or revision shall have effect for the unexpired period of the local authority climate action plan under subsection (7), and to any other necessary modifications.

(11) In this section, "adjoining local authority" means, in relation to a local authority, a local authority whose administrative area adjoins the administrative area of the first mentioned local authority.]

Annotations:

Amendments:

F32

Inserted (7.09.2021) by Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), s. 16, S.I. No. 468 of 2021.