Climate Change and Greenhouse Gas Reduction Act 2010 (ACT)

Climate Change and Greenhouse Gas Reduction Act 2010   

A2010-41

Republication No 13

Effective:  31 May 2024

Republication date: 31 May 2024

Last amendment made by A2024‑21

About this republication

The republished law

This is a republication of the Climate Change and Greenhouse Gas Reduction Act 2010 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 31 May 2024.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 31 May 2024.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Climate Change and Greenhouse Gas Reduction Act 2010

Contents

Page

Part 1      Preliminary

1            Name of Act  2

3            Dictionary  2

4            Notes  2

5            Objects of Act  2

Part 2      Targets

6            ACT greenhouse gas emissions target  4

7           Interim greenhouse gas emissions targets  4

8            Per person greenhouse gas emissions target  5

9            Renewable energy targets  5

10          Measuring renewable energy targets—determinations  6

11          Measuring greenhouse gas emissions—determinations  6

12          Annual report by independent entity  7

13          Statement by Minister if targets not met  9

Part 2A    Natural gas connections

13A           Restriction on certain natural gas connections  10

13B           Modification of certain national laws  12

Part 3      Functions of Minister

14          Functions of Minister  14

15          Annual report by Minister  16

15A           Assessment by independent entity  16

Part 4      Climate change council

16          Establishment of council  17

17          Functions of council  17

18          Minister to consider council advice  18

19          Annual report by council  19

20          Membership  20

21          Chair  22

22          Ending of appointments  22

Part 5      Sector agreements

23          Sector agreements  24

24          Register of agreements  24

Part 6      Miscellaneous

26          Review of Act  25

26A           Determination of fees  25

27          Regulation-making power  25

Dictionary26

Endnotes

1            About the endnotes  28

2            Abbreviation key  28

3            Legislation history  29

4            Amendment history  32

5            Earlier republications  34

Climate Change and Greenhouse Gas Reduction Act 2010

An Act to address climate change and reduce greenhouse gas emissions, and for other purposes

Part 1Preliminary

1. Name of Act

   This Act is the Climate Change and Greenhouse Gas Reduction Act 2010.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act.

   Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Objects of Act

   The objects of this Act are—

   (a)to set targets to—

   (i)reduce greenhouse gas emissions in the ACT; and

   (ii)increase renewable energy use in the ACT; and

   (iii)increase renewable energy generation for the ACT; and

   (b)to implement measures to meet the targets; and

   (c)to provide for monitoring of and reporting on progress made to meet the targets; and

   (d)to facilitate the government’s development of policies and programs to meet the targets and to address and adapt to climate change; and

   (e)to encourage private entities to take action to address climate change and recognise the entities that take action.

Part 2Targets

1. ACT greenhouse gas emissions target

   (1)The principal target (the ACT target) is to reduce greenhouse gas emissions in the ACT to achieve zero net emissions by 30 June 2045.

   (2)For this section, zero net emissions is achieved if any emissions of greenhouse gas in the ACT are balanced by—

   (a)avoidance and mitigation activities; and

   (b)emissions offsets outside the ACT but within Australia.

   (3)The Minister may determine emissions offsets that may be used to balance any emissions of greenhouse gas in the ACT.

   (4)A determination is a notifiable instrument.

   (5)In making a determination, the Minister must—

   (a)seek, and have regard to, the advice of the council to assist the Minister to determine the emissions offsets; and

   (b)as far as practicable, ensure consistency with the best national and international practices in relation to using emissions offsets to balance greenhouse gas emissions.

2. Interim greenhouse gas emissions targets

   (1)The interim target is to reduce greenhouse gas emissions in the ACT to 40% less than 1990 emissions by 30 June 2020.

   (2)The Minister may determine additional interim targets.

   (3)A determination is a disallowable instrument.

   NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

   (4)In making a determination, the Minister must—

   (a)seek, and have regard to, the advice of the council to assist the Minister to determine the additional interim targets; and

   (b)as far as practicable, ensure consistency with the best national and international practices in relation to determining interim greenhouse gas emissions targets.

   (5)In this section:

   1990 emissions means the amount of greenhouse gas emissions in the ACT for the year ending on 30 June 1990.

3. Per person greenhouse gas emissions target

   The per person target is for the average amount of greenhouse gas emissions produced per person in the ACT each year to peak by 30 June 2013.

4. Renewable energy targets

   (1)The target for the use of renewable electricity in the ACT is 100% on and from 1 January 2020.

   (2)The Minister may determine a target for—

   (a)the generation of renewable electricity for the ACT; and

   (b)the use of renewable energy in the ACT other than electricity; and

   (c)the generation of renewable energy for the ACT other than electricity.

   (3)A determination is a disallowable instrument.

   NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

5. Measuring renewable energy targets—determinations

   (1)The Minister must determine a method for measuring compliance with a target mentioned in or determined under section 9 (a renewable energy target).

   NoteThe power to make an instrument includes power to do the following:

   (a)amend or repeal it (see Legislation Act, s 46);

   (b)make different provision for different categories (see Legislation Act, s 48).

   (2)A determination is a disallowable instrument.

   NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

   (3)In making a determination, the Minister must—

   (a)seek, and have regard to, the advice of an independent entity to assist the Minister to determine the method for measuring compliance with a renewable energy target; and

   (b)as far as practicable, ensure consistency with the best national and international practices in relation to measuring compliance with a renewable energy target.

6. Measuring greenhouse gas emissions—determinations

   (1)The Minister must determine a method for measuring greenhouse gas emissions.

   NoteThe power to make an instrument includes power to do the following:

   (a)amend or repeal it (see Legislation Act, s 46);

   (b)make different provision for different categories (see Legislation Act, s 48).

   (2)A determination is a disallowable instrument.

   NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

   (3)In making a determination, the Minister must—

   (a)seek, and have regard to, the advice of an independent entity to assist the Minister to determine the method for measuring greenhouse gas emissions; and

   (b)as far as practicable, ensure consistency with the best national and international practices in relation to measuring greenhouse gas emissions.

7. Annual report by independent entity

   (1)For each financial year, the Minister must ask an independent entity to prepare a report about greenhouse gas emissions and the targets mentioned in part 2 for the year.

   Example—independent entity

   independent competition and regulatory commission

   (2)The report must include—

   (a)the amount of greenhouse gas emissions in the ACT for the year (the annual emissions amount), measured using the method determined under section 11; and

   (b)an analysis of the ACT’s progress in meeting the targets mentioned in or determined under section 6, section 7 and section 8 (the greenhouse gas emissions targets) for the year, including—

   (i)a comparison of the annual emissions amount with the greenhouse gas emissions targets; and

   (ii)identification of the main sources of greenhouse gas emissions in the ACT; and

   (iii)identification of possible reasons for changes in amounts of greenhouse gas emissions from previous years; and

   (c)an analysis of the ACT’s progress in meeting a target mentioned in or determined under section 9 (a renewable energy target), including—

   (i)compliance with the renewable energy target, measured using the method determined under section 10; and

   (ii)identification of the main sources of renewable energy generated for the ACT; and

   (iii)identification of possible reasons for changes in the amount or percentage of renewable energy used in or generated for the ACT from previous years; and

   (d)any other information prescribed by regulation.

   (3)The independent entity must give the report to the Minister within 3 months after the end of the reporting period.

   (4)The Minister must present the report to the Legislative Assembly within 21 days after receiving the report from the independent entity.

   (5)However, if there are no sitting days during the 21-day period—

   (a)the Minister must give the report, and a copy for each member of the Legislative Assembly, to the Speaker; and

   (b)the report is taken for all purposes to have been presented to the Legislative Assembly on the day the Minister gives it to the Speaker (the report day); and

   (c)the Speaker must arrange for a copy of the report to be given to each member of the Legislative Assembly on the report day; and

   (d)despite paragraph (b), the Speaker must present the report to the Legislative Assembly on the next sitting day.

   (6)In this section:

   reporting period, for a financial year, means 2 years after the end of the financial year.

   Speaker includes—

   (a)if the Speaker is unavailable—the Deputy Speaker; and

   (b)if both the Speaker and Deputy Speaker are unavailable—the clerk of the Legislative Assembly.

   unavailable—the Speaker or Deputy Speaker is unavailable if—

   (a)he or she is absent from duty; or

   (b)there is a vacancy in the office of Speaker or Deputy Speaker.

8. Statement by Minister if targets not met

   (1)This section applies if a target mentioned in this part for a financial year is not met.

   (2)The Minister must, within 6 sitting days after receiving a report from an independent entity under section 12 for the financial year, present a statement to the Legislative Assembly setting out—

   (a)why the target was not met; and

   (b)what action will be taken to meet any subsequent target, including how the action will differ from any action that was taken for the target that was not met.

Part 2ANatural gas connections

13ARestriction on certain natural gas connections

(1)A gas distributor must not provide a new gas connection for natural gas in an area, or to stated premises in an area, prescribed by regulation.

(2)Before a regulation is made for this section, the Executive must seek, and have regard to, the advice of the chief planner about the proposed regulation.

(3)It is a condition of a gas distributor’s licence that the distributor complies with this part.

(4)In this section:

alteration, of a connection, includes an addition, upgrade, extension, expansion or augmentation of the connection.

connection, in relation to premises, means a physical link between a distribution pipeline and the premises to allow the flow of natural gas.

distribution pipeline—see the National Gas (ACT) Law, section 2.

NoteThe National Gas (ACT) Act 2008, s 8 applies the National Gas Law set out in the National Gas (South Australia) Act 2008 (SA), schedule as if it were an ACT law called the National Gas (ACT) Law.

gas distributor—see the Utilities Act 2000, dictionary.

natural gas—

(a)means natural gas as defined in the National Gas (ACT) Law, section 2; and

(b)includes a substance that is blended with the substance mentioned in paragraph (a); but

(c)does not include a substance prescribed by regulation.

new gas connection, in relation to premises—

(a)means—

(i)a new connection to the premises; or

(ii)an alteration of an existing connection that results in an additional point of supply of natural gas to the premises or other premises; or

(iii)if an existing connection to premises is permanently removed—the replacement or reinstatement of the connection; but

(b)does not include—

(i)a change in—

(A)the retail customer supplied natural gas by an existing connection; or

(B)the gas retailer for an existing connection; or

(ii)an alteration of an existing connection that does not result in an additional point of supply to the premises or other premises; or

(iii)a new connection exempted by regulation.

Example—par (a) (ii)

A granny flat is built on a property with an existing connection. The existing connection cannot be altered to install a new connection to the granny flat unless a regulation provides an exemption.

Example—par (a) (iii)

A residence with an existing connection is demolished and the existing connection is removed from the property. A new residence is built on the site. A new connection cannot be installed to replace the connection that was removed unless a regulation provides an exemption.

Example—par (b) (ii)

A residence on a property which has an existing connection is renovated. The renovation requires the existing connection to be relocated on the property. The existing connection can be altered to relocate the existing connection.

premises includes—

(a)vacant land; and

(b)any land around the premises.

provide, a new gas connection, includes cause a new connection to be provided.

13BModification of certain national laws

(1)A regulation may modify the operation of the following laws, including any regulation, rule or other instrument made under the laws:

(a)the National Energy Retail Law (ACT);

(b)the National Gas (ACT) Law.

Note 1The National Energy Retail Law (ACT) Act 2012, s 6 applies the National Energy Retail Law set out in the National Energy Retail Law (South Australia) Act 2011 (SA), schedule as if it were an ACT law called the National Energy Retail (ACT) Law.

Note 2The National Gas (ACT) Act 2008, s 8 applies the National Gas Law set out in the National Gas (South Australia) Act 2008 (SA), schedule as if it were an ACT law called the National Gas (ACT) Law.

(2)A regulation may only be made under this provision for the purpose of giving effect to section 13A.

(3)Without limiting subsection (2), a regulation may provide for the following:

(a)the provision of information by a gas distributor to the Territory about its compliance with section 13A;

(b)information that a gas distributor must give to existing or potential customers.

Part 3Functions of Minister

1. Functions of Minister

   (1)The main functions of the Minister are—

   (a)to promote action to meet the ACT target and the other targets mentioned in part 2; and

   (b)to develop, adopt or promote policies and programs relating to climate change; and

   (c)to consider and recommend amending a territory law (including this Act) or a government policy or practice if the Minister reasonably believes an amendment is necessary to achieve the objects of this Act.

   (2)The Minister also has the following functions:

   (a)to regularly review issues relating to climate change;

   (b)to consult business and community entities about issues relating to climate change;

   (c)to consider and promote actions or strategies by business entities, including technological developments, to address or adapt to climate change or reduce greenhouse gas emissions;

   (d)to promote the Territory’s involvement in state, national and international climate change forums;

   (e)to promote the commercialisation, generation and use of renewable energy in the ACT;

   (f)to promote the commercialisation and use of other technologies to reduce greenhouse gas emissions in the ACT;

   (g)to promote research and development consistent with the objects of this Act;

   (h)to support the development of regional, national and international approaches to addressing climate change;

   (i)to assess the impact of climate change on the Territory;

   (j)to support public education about climate change;

   (k)any other functions given to the Minister under this Act.

   NoteA reference to an Act includes a reference to any regulation or other statutory instrument made or in force under the Act (see Legislation Act, s 104).

   (3)In the exercise of the Minister’s functions, the Minister must, to the greatest extent practicable—

   (a)apply the inter-generational equity principle; and

   (b)have regard to how measures to address climate change may affect people who are socially or financially disadvantaged; and

   (c)engage the community on decisions that relate to climate change.

   (4)In the exercise of the Minister’s functions, the Minister must, to the greatest extent practicable, work together with—

   (a)the Australian government; and

   (b)State governments; and

   (c)the Climate Change Council; and

   (d)regional governments overseas; and

   (e)relevant international, business, environmental and community entities.

   (5)In this section:

   the inter-generational equity principle means that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.

1. Annual report by Minister

   (1)For each financial year, the Minister must prepare a report on—

   (a)the actions the Minister has taken during the year in the exercise of the Minister’s functions under this Act, including the actions taken to address and adapt to climate change; and

   (b)the effectiveness of government actions taken to reduce greenhouse gas emissions during the financial year; and

   (c)the findings of a cost-benefit analysis of any government policies or programs implemented to meet the targets mentioned in part 2 during the financial year.

   (2)Each government agency must give the Minister information requested by the Minister about any policies developed or programs implemented by the agency during the financial year to address climate change, greenhouse gas emissions and the targets mentioned in part 2.

   (3)The Minister must present the report to the Legislative Assembly within 6 months after the end of the financial year.

15AAssessment by independent entity

The Minister must, at least once every 5 years, ask an independent entity to assess, and report to the Minister about, government policies, programs and practices to address climate change in the ACT, including actions taken to mitigate and adapt to climate change.

Example—independent entity

independent competition and regulatory commission

Part 4Climate change council

1. Establishment of council

   The Climate Change Council is established.

2. Functions of council

   (1)The main function of the council is to advise the Minister on matters relating to—

   (a)reducing greenhouse gas emissions; and

   (b)addressing, and adapting to, climate change.

   (2)The council also has any other function given to the council under this Act.

   Note 1A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

   Note 2A provision of a law that gives an entity a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

   (3)Without limiting subsection (1), the matters on which the council may advise the Minister include the following matters:

   (a)actions or strategies to achieve energy efficiencies;

   (b)actions or strategies to increase renewable energy use;

   (c)actions or strategies to achieve the targets mentioned in part 2;

   (d)community and business views on climate change, including—

   (i)barriers to addressing climate change; and

   (ii)proposed actions or strategies to overcome the barriers;

   (e)actions or strategies to encourage private entities to take action to reduce greenhouse gas emissions and address climate change;

   (f)actions taken or strategies implemented by private entities to reduce greenhouse gas emissions and address climate change;

   (g)commercial, regional, national and international practices or policies, including technological developments, to address climate change that may be used in the ACT.

   (4)In exercising its functions, the council—

   (a)must try to—

   (i)consult representatives from business and the community, including environmental and conservation entities, on matters relating to climate change; and

   (ii)provide information to private entities to encourage entities to take action to address, or adapt to, climate change; and

   (b)must consider—

   (i)the social, economic and environmental impact of issues relating to climate change; and

   (ii)national and international practices or developments in climate change; and

   (iii)any relevant report given to the Minister by an independent entity under section 12; and

   (iv)information available in any other report the Minister requires the council to consider; and

   (c)may consider any other relevant information.

3. Minister to consider council advice

   In exercising a function under this Act, the Minister must consider any relevant advice given to the Minister by the council.

4. Annual report by council

   (1)For each financial year, the council must prepare a report about the council’s activities during the financial year, including any advice given or recommendations made to the Minister.

   (2)The council must give the report to the Minister within 3 months after the end of the financial year.

   (3)The Minister must, within 21 days after receiving the report, present to the Legislative Assembly—

   (a)the report; and

   (b)a statement by the Minister responding to any advice given or recommendations made to the Minister in the council’s annual report.

   (4)However, if—

   (a)there are no sitting days during the 21-day period—

   (i)the Minister must give the report and the statement, and a copy of each for each member of the Legislative Assembly, to the Speaker; and

   (ii)the report and the statement are taken for all purposes to have been presented to the Legislative Assembly on the day the Minister gives it to the Speaker (the report day); and

   (iii)the Speaker must arrange for a copy of the report and a copy of the statement to be given to each member of the Legislative Assembly on the report day; and

   (iv)despite subparagraph (ii), the Speaker must present the report and the statement to the Legislative Assembly on the next sitting day; or

   (b)the 21-day period coincides with all or part of the pre-election period for a general election of members of the Assembly—the Minister must table the report and the statement in the Legislative Assembly on the second sitting day after the election is held.

   (5)In this section:

   pre-election period—see the Electoral Act 1992, dictionary.

   Speaker includes—

   (a)if the Speaker is unavailable—the Deputy Speaker; and

   (b)if both the Speaker and Deputy Speaker are unavailable—the clerk of the Legislative Assembly.

   unavailable—the Speaker or Deputy Speaker is unavailable if—

   (a)he or she is absent from duty; or

   (b)there is a vacancy in the office of Speaker or Deputy Speaker.

5. Membership

   (1)The council consists of at least 5, but not more than 10, members appointed by the Minister.

   NoteFor laws about appointments, see the Legislation Act, pt 19.3.

   (2)The Minister must, to the greatest extent practicable, ensure that—

   (a)the council includes people with a broad range of skills and knowledge relating to addressing, or adapting to, climate change; and

   (b)the council includes at least 2 Aboriginal or Torres Strait Islander people; and

   (c)the members between them include people with extensive knowledge and expertise in the following areas:

   (i)climate change science;

   (ii)environmental management;

   (iii)the built environment;

   (iv)transport planning;

   (v)energy;

   (vi)climate change adaptation;

   (vii)the interests of the community in relation to climate change; and

   (viii)the interests of business in relation to climate change;

   (ix)the interests of people who are socially or financially disadvantaged in relation to climate change.

   (3)The Minister may appoint a person as a member only if satisfied that the person—

   (a)is committed to addressing climate change; and

   (b)has knowledge and experience in an area relevant to the operation of this Act.

   (4)The conditions of appointment of a member are the conditions stated in the appointment.

   (5)In this section:

   Aboriginal or Torres Strait Islander person means a person who—

   (a)is a descendant of an Aboriginal person or a Torres Strait Islander person; and

   (b)identifies as an Aboriginal person or a Torres Strait Islander person; and

   (c)is accepted as an Aboriginal person or a Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community.

6. Chair

   The Minister must appoint a member of the council to be the chair of the council.

7. Ending of appointments

   (1)The Minister may end the appointment of a member of the council—

   (a)if the member contravenes a territory law; or

   (b)for misbehaviour; or

   (c)if the member becomes bankrupt or personally insolvent; or

   (d)if the member is convicted, or found guilty, in Australia of an offence punishable by imprisonment for at least 1 year; or

   (e)if the member is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or

   (f)if the member is absent for 3 consecutive council meetings without leave; or

   (g)for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions.

   NoteA person’s appointment also ends if the person resigns (see Legislation Act, s 210).

   (2)The Minister may also end the appointment of a member (the member concerned) if the council tells the Minister in writing that it has resolved, by a majority of at least 2/3 of the members, to recommend to the Minister that the member’s appointment be ended.

   (3)The council may pass a resolution mentioned in subsection (2) only if—

   (a)at least 3 weeks written notice of the intention to consider the proposed resolution has been given to the member concerned; and

   (b)the member concerned has been given an opportunity to make submissions and present documents to a meeting of the council; and

   (c)if the member concerned has used the opportunity mentioned in paragraph (b)—a summary of the member’s submissions is recorded in the minutes of the council and a copy of any documents presented is included in the minutes.

Part 5Sector agreements

1. Sector agreements

   (1)A sector agreement is an agreement with an entity under which the entity agrees to assist in reducing greenhouse gas emissions and meeting the targets mentioned in part 2 by introducing strategies to—

   (a)reduce energy use; or

   (b)increase use of renewable energy sources; or

   (c)carry out other activities to avoid, mitigate or adapt to climate change.

   (2)A sector agreement must—

   (a)be consistent with the objects of this Act; and

   (b)include a requirement for the entity to review and report on the operation of the agreement.

   (3)A regulation may prescribe requirements for a sector agreement.

2. Register of agreements

   (1)The Minister must keep a register of sector agreements.

   (2)The register must be available for public inspection—

   (a)on the internet site (if any) of the administrative unit responsible for administering this Act; and

   (b)during ordinary office hours at an office of the administrative unit.

Part 6Miscellaneous

1. Review of Act

   The Minister must review the operation of this Act and present a report of the review to the Legislative Assembly—

   (a)as soon as practicable after the end of this Act’s 5th and 10th years of operation; and

   (b)as soon as practicable after each subsequent 10 years of this Act’s operation.

   NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

26ADetermination of fees

(1)The Minister may determine fees for this Act.

(2)A determination is a disallowable instrument.

1. Regulation-making power

   The Executive may make regulations for this Act.

   NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     ACT

·     administrative unit

·     appoint

·     chief planner

·     disallowable instrument (see s 9)

·     entity

·     financial year

·     function

·     instrument (see s 14)

·     may (see s 146)

·     Minister (see s 162)

·     must (see s 146)

·     notifiable instrument (see s 10)

·     person (see s 160)

·     public sector body

·     public service

·     regulation

·     territory instrumentality

·     territory law

·     year.

ACT target—see section 6.

council means the Climate Change Council established under section 16.

government agency means—

(a)the public service; or

(b)a public sector body; or

(c)a territory instrumentality.

greenhouse gas emissions means emissions of any of the following gases:

(a)carbon dioxide;

(b)methane;

(c)nitrous oxide;

(d)hydrofluorocarbons;

(e)perfluorocarbons;

(f)sulphur hexafluoride;

(g)any other gas prescribed by regulation.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Climate Change and Greenhouse Gas Reduction Act 2010 A2010-41

   notified LR 4 November 2010
   s 1, s 2 commenced 4 November 2010 (LA s 75 (1))
   remainder commenced 5 November 2010 (s 2)

   as amended by

   Annual Reports (Government Agencies) Amendment Act 2015 A2015‑16 sch 1 pt 1.4

   notified LR 27 May 2015
   s 1, s 2 commenced 27 May 2015 (LA s 75 (1))
   sch 1 pt 1.4 commenced 3 June 2015 (s 2)

   Renewable Energy Legislation Amendment Act 2016 A2016‑26 pt 2

   notified LR 12 May 2016
   s 1, s 2 commenced 12 May 2016 (LA s 75 (1))
   pt 2 commenced 13 May 2016 (s 2)

   Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.12

   notified LR 25 August 2016
   s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
   sch 1 pt 1.12 commenced 1 September 2016 (s 2)

   Planning, Building and Environment Legislation Amendment Act 2017 A2017-3 pt 2

   notified LR 22 February 2017
   s 1, s 2 commenced 22 February 2017 (LA s 75 (1))
   pt 2 commenced 23 February 2017 (s 2)

   Planning, Building and Environment Legislation Amendment Act 2017 (No 2) A2017-20 pt 2

   notified LR 15 June 2017
   s 1, s 2 commenced 15 June 2017 (LA s 75 (1))
   pt 2 commenced 16 June 2017 (s 2)

   Climate Change and Greenhouse Gas Reduction (Principal Target) Amendment Act 2018 A2018-36

   notified LR 26 September 2018

   s 1, s 2 commenced 26 September 2018 (LA s 75 (1))
   remainder commenced 27 September 2018 (s 2)

   Climate Change and Greenhouse Gas Reduction (Renewable Electricity Target) Amendment Act 2019 A2019-19

   notified LR 14 June 2019
   s 1, s 2 commenced 14 June 2019 (LA s 75 (1))
   remainder commenced 15 June 2019 (s 2)

   Climate Change and Greenhouse Gas Reduction Amendment Act 2022 A2022-26

   notified LR 14 December 2022
   s 1, s 2 commenced 14 December 2022 (LA s 75 (1))
   remainder commenced 15 December 2022 (s 2)

   Climate Change and Greenhouse Gas Reduction (Natural Gas Transition) Amendment Act 2023 A2023-25

   notified LR 23 June 2023
   s 1, s 2 commenced 23 June 2023 (LA s 75 (1))
   remainder commenced 24 June 2023 (s 2)

   Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.12

   notified LR 29 September 2023
   s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
   sch 1 pt 1.12 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)

   Climate Change and Greenhouse Gas Reduction (Membership) Amendment Act 2024 A2024-8

   notified LR 28 March 2024
   s 1, s 2 commenced 28 March 2024 (LA s 75 (1))
   remainder commenced 29 March 2024 (s 2)

   Planning and Environment Legislation Amendment Act 2024 A2024‑21 pt 2

   notified LR 24 May 2024
   s 1, s 2 commenced 24 May 2024 (LA s 75 (1))

   pt 2 commenced 31 May 2024 (s 2 (1))

2. Amendment history

   Long title

   long titlesub A2023‑25 s 4

   Commencement

   s 2om LA s 89 (4)

   Objects of Act

   s 5am A2019‑19 s 5, s 6; A2023‑25 s 5; pars renum R10 LA

   ACT greenhouse gas emissions target

   s 6am A2016-26 s 4; A2018‑36 s 4; A2022‑26 s 4

   Interim greenhouse gas emissions targets

   s 7am A2016-26 s 5; A2022‑26 s 5; ss renum R9 LA

   Renewable energy targets

   s 9am A2019‑19 s 7; ss renum R8 LA

   Measuring renewable energy targets—determinations

   s 10om A2017‑3 s 4

   ins A2019‑19 s 8

   Annual report by independent entity

   s 12am A2019‑19 ss 9-12; pars renum R8 LA

   Natural gas connections

   pt 2A hdgins A2023‑25 s 6

   Restriction on certain natural gas connections

   s 13Ains A2023‑25 s 6

   am A2023-36 amdt 1.82

   Modification of certain national laws

   s 13Bins A2023‑25 s 6

   Functions of Minister

   s 14am A2022‑26 s 6; ss renum R9 LA

   Annual report by Minister

   s 15am A2022‑26 s 7

   Assessment by independent entity

   s 15Ains A2022‑26 s 8

   Annual report by council

   s 19am A2017‑20 s 5, s 6

   Membership

   s 20am A2022‑26 s 9, s 10; A2024‑8 s 4, s 5

   Chair

   s 21am A2022‑26 s 11

   Sector agreements

   s 23am A2022‑26 s 12, s 13

   Information to be included in agency annual reports

   s 25om A2015‑16 amdt 1.4

   Determination of fees

   s 26Ains A2024‑21 s 4

   Dictionary

   dictam A2016‑52 amdt 1.46; A2022‑26 s 14; A2023‑25 s 7; A2023-36 amdt 1.83

   def ACT target ins A2022‑26 s 15

   def government agency sub A2016‑52 amdt 1.47

3. Earlier republications

   Some earlier republications were not numbered.  The number in column 1 refers to the publication order.

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format.  These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 5 Nov 2010	5 Nov 2010– 2 June 2015	not amended	new Act
R2 3 June 2016	3 June 2016– 12 May 2016	A2015-16	amendments by A2015-16
R3 13 May 2016	13 May 2016– 31 Aug 2016	A2016-26	amendments by A2016-26
R4 1 Sept 2016	1 Sept 2016‑ 22 Feb 2017	A2016‑52	amendments by A2016‑52
R5 23 Feb 2017	23 Feb 2017‑ 15 June 2017	A2017-3	amendments by A2017-3
R6 16 June 2017	16 June 2017– 26 Sept 2018	A2017‑20	amendments by A2017‑20
R7 27 Sept 2018	27 Sept 2018– 14 June 2019	A2018‑36	amendments by A2018‑36
R8 15 June 2019	15 June 2019– 14 Dec 2022	A2019‑19	amendments by A2019‑19
R9 15 Dec 2022	15 Dec 2022– 23 June 2023	A2022‑26	amendments by A2022‑26
R10 24 June 2023	24 June 2023– 26 Nov 2023	A2023‑25	amendments by A2023‑25
R11 27 Nov 2023	27 Nov 2023– 28 Mar 2024	A2023‑36	amendments by A2023‑36
R12 29 Mar 2024	29 Mar 2024– 30 May 2024	A2024‑8	amendments by A2024‑8