REGISTERED No.

M -302
L.-7646

tat a,ette of fialtisitart

igm=ir
EXTRAORDINARY
PUBLISHED BY AUTHORITY

ISLAMABAD, MONDAY, APRIL 3, 2017

PART!

Acts, Ordinances, President's Orders and Regulations

SENATE SECRETARIAT

Islamabad, the 31st March, 2017

No. F. 9(4)/2017-Legis.—The following Act of Majlis-e-Shoora

(Parliament) received the assent of the President on the 29th March, 201 7 and is
hereby Published for general information:—

ACT NO. X OF 2017

An Act to meet Pakistan's obligations under international conventions

relating to climate change and address the effects of climate change

WHEREAS it is expedient to meet Pakistan's obligations under international

conventions relating to climate change and to provide for adoption of comprehensive
adaptation and mitigation policies, plans, programmes, projects and other measures
required to address the effects of climate change and for matters connected therewith
and ancillary thereto;

It is hereby enacted as follows:—

(95)

Price : Rs. 10.50

[424(2017)/Ex. Gaz.]
96 THE GAZETTE OF PAKISTAN, EXTRA., APRIL3, 2017 [PART I

CHAPTER I

PRELIMINARY

I. Short title, extent and commencement—(l) This Act may be

called the Pakistan Climate Change Act, 2017.

It extends to the whole of Pakistan.

It shall come into force at once.

2. Definitions.—In this Act, unless there is anything repugnant in the

subject or context,—

"adaptation" means adjustment in natural or human systems in response

to actual or expected climatic stimuli or their effects which moderates
harm or exploits beneficial opportunities;

"Authority" means the Pakistan Climate Change Authority established

under section 5;

"Council" means the Pakistan Climate Change Council established

under section 3;

"climate change" means a change in the climate system which is

caused by significant changes in the concentration of greenhouse gases
as a direct of indirect consequence of human activities and which is in
addition to natural climate change that has been observed during a
considerable period;

"emissions", in relation to a greenhouse gas, means emissions of that

gas into the atmosphere caused by human activity;

(0 "Fund" means the Pakistan Climatethange Fund established under

section 12;

"Government" means the Federal Government;

"greenhouse gas" means any gas that contributes to the greenhouse

effect by absorbing infrared radiation produced by solar warming of
the earth's surface and includes carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, sulphur hexafluoride, nitrogen
trifluoride and any other direct or indirect greenhouse gas as recognized
by UNFCCC and IPCC from time to time;
PART I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL3, 2017 97 -

(I) "mitigation" means efforts that seek to prevent or slow down the
increase of atmospheric greenhouse gas concentrations by reducing
current or future emissions and enhancing potential sinks for
greenhouse gases;

"prescribed" means prescribed by rules or regulations made under

this Act;

"regulations" means regulations made under this Act;

(I) "rules" means rules made under this Act;

• "Schedule" means a schedule to this Act; and

"Tribunal" means the Environmental Tribunal set up under the Pakistan

Environmental Protection Act, 1997 (Act No. XXXIV of 1997) or the
provincial environmental protection laws.

(2) The expressions and words used but not defined in this Act shall haVe
the same meaning as in the Pakistan Environmental Protection Act, 1997
(Act No: XXXIV of 1997).

CHAPTER 11

PAKISTAN CLIMATE CHANGE COUNCIL

3. Establishment of the Pakistan Climate Change Council.—(1)

The Prime Minister shall, by notification in the official Gazette, establish a Council to
be known as the-Pakistan Climate Change Council consisting of a Chairperson who
shall be the Prime Minister or such other person as the Prime Minister may nominate
in this behalf and the following members, namely:—

Federal Ministers of the Divisions allocated with the subjects of climate

change, finance, agriculture, food security and research, planning,
development and reform, petroleum and natural resources, science
and technology, water and power and foreign affair;

Chief Ministers of the Provinces;

Ministers-in-charge of the department allocated with subject of

environment in the Provinces;

(d) such other persons not exceeding thirty as the Prime Minister may
appoint, of which at least twenty shall be non-officials, including
98 THE GAZETTE OF PAKISTAI4, EXTRA., APRIL 3, 2017 [PART I

representatives of the Chambers of Commerce and Industry,

non-governmental organizations concerned with climate change, the
environment and development and scientists, researchers, technical
experts and educationists;

(e) Chairman, National Disaster Management Authority established under

the National Disaster Management Act, 2010 (XXIV of 2010);.

(0 Chairman, Pakistan Climate Change Authority; and

(g) Secretary of the Division allocated with the subject of climate change,
who shall also be the Secretary of the Council.

The Council may invite the Prime Minister, Azad Jammu and Kashmir
and Chief Minister, Gilgit-Baltistan to participate in the meetings of the Council as
and when required.

The Division allocated with the subject of climate change shall act as
Secretariat of the Council.

Members of the Council, other than ex-officio members, shall be

appointed in accordance with the prescribed procedure and shall hold office for a
term of three years.

The Council shall hold meetings as and when necessary, but not less than
two meetings shall be held in a year.

The Council may constitute committees of its members and entrust

them with such functions as it may deem fit and the recommendations of the
committees shall be submitted to the Council for approval.

(7) The Council or any of its committees may, for assistance in performance
of its functions, invite any technical expert or representative of any Government
Agency or non-governmental organization or other person possessing specialized
knowledge of any subject.

4. Functions and powers of the Council.—(1) The Council shall—

co-ordinate and supervise enforcement of the provisions of this Act;

monitor implementation of international agreements relating to climate

change specified in the Schedule;
PART I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 3, 2017 . 99

coordinate, supervise and guide mainstreaming of climate change

concerns into decision-making by Federal and Provincial Government's
minisffies, divisions, departments and agencies so as to create enabling
conditions for integrated climate-compatible and climate-resilient
development processes in various sectors of the economy;

approve and monitor implementation ofcomprehensive adaptation and

mitigation policies, strategies, plans,,programmes, projects and other
measures formulated by the Authority to meet Pakistan's obligations
under international conventions and agreements relating to climate
change including in particular the Sustainable Development Goals
(SDGs);

monitor implementation of the National Adaptation Plan and its

constituent provincial and local adaptation action plans, the National
Appropriate Mitigation Action Framework and National
Communication submitted to the concerned Secretariat of the United
Nations Framework Convention on Climate Change (UNFCCC);

approve guidelines for the protection and conservation of renewable

and non-renewable resources, species, habitats, and biodiversity in
general adversely affected or threatened by climate change; and

consider the National Climate Change Report and give appropriate

directions thereon.

(2) The Council may, either itself or on the request of any person or
organization, direct the Authority or any Government Agency to prepare, submit,
promote or implement projects for adaptation or mitigation of the adverse effects of
climate change, to promote climate-compatible, climate-resilient and sustainable
development or to undertake research in any aspect of climate change.

CHAPTER III

PAKISTAN CLIMATE CHANGE AUTHORITY

5. Establishment of the Pakistan Climate Change Authority.—(I)

The Minister-in-charge of the Federal Government shall, by notification in the official
Gazette, establish the Pakistan Climate Change Authority, hereinafter referred to as
the Authority, to exercise the powers and perform the functions assigned to it under
this Act and the rules and regulations made thereunder.

(2) The Authority shall be a body corporate with perpetual succession

and a common seal and shall, in the said name, be capable of—
100 THE GAZETTE OF PAKISTAN, EXTRA., APRIL3, 2017 [PART!

suing and being sued;

acquiring or disposing of moveable and immovable property;

borrowing money;

entering into contracts; and

doing or performing all other things or acts necessary for the proper
discharge of its functions under this Act.

(3) The headquarters of the Authority shall be in Islamabad and the

Authority may establish offices at other places as and when required.

6. Composition of the Authority.—(1) The Authority shall comprise

the Chairperson, Member (Adaptation), Member (Mitigation), Member (Climate
Finance), Member (Coordination) and one Member from each province to be
nominated by the respective Provincial Ministers-in-charge.

The members including Chairperson of the Authority shall be appointed

by the Prime Minister on such terms and conditions as he may deem fit, keeping in
view their qualifications and experience.

The Chairperson and members shall be scientists, academicians,

professionals, serving or retired government servants, industrialists, agriculturists or
other technocrats with at least fifteen year's experience in fields related to climate
change and the environment, with a distinguished service record.

If the office of the Chairperson falls vacant for any reason, the senior-most
member shall act as Chairperson till such time as his successor is appointed.

The Authority shall be properly constituted notwithstanding a vacancy

in the office of the Chairperson or any member.

The Authority may,. for assistance in performance of its functions,

invite a representative of any GovernmentAgency or non-governmental organization
or technical expert or other person possessing specialized knowledge of any subject.

7. Officers and staff of the-Authority.—(1)All professional, technical

and administrative officers and staff of the Authority shall be appointed by the
Authority, or obtained from other Federal or Provincial Government agencies on
deputation basis, and shall be entitled to such salaries, allowances and other terms
and conditions of service as may be prescribed by regulations._
PART I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL 3, 2017 101

The Authority shall ensure that all appointments are made in a

transparent manner and adequate and equal treatment is given to women, minorities
and disabled persons.

The officers and staff of the Authority shall have such powers and '
shall perform such functions as may be assigned to them by the Chairperson.

The officers and staff of the Authority shall act in accordance with
the mandate assigned and the directives given by the Chairperson.

8. Functions of the Authority.--(1) Functions of the Authority shall be

to-

formulate, comprehensive adaptation and mitigation policies, plans,

programmes, projects and measures designed to address the effects
of climate change and meet Pakistan's obligations under international
conventions and agreements relating to climate change and within the
framework of a national climate change policy as may be approved by
the Federal Government from time to time;

establish institutional and policy mechanisms for implementation of

Federal and provincial adaptation and mitigation policies, plans,
programmes, projects and measures, including plans for renewable
energy and clean technology measures for energy efficiency and
energy conservation and awareness-raising and capacity-building
programmes;

prepare suitable adaptation and mitigation projects for submission to

international and local institutions for finding, including the Clean
Development Mechanism, Global Environmental Facility; Green Climate
Fund and Adaptation Fund;

prepare the National Adaptation Plan and its constituent provincial

and local adaptation action plans, the Nationally Appropriate Mitigation
Action Framework and the Intended Nationally Determined
Contributions, Nationally Determined Contributions and National
Communication to be submitted to the concerned Secretariat of the
United Nations Framework Convention on Climate Change'and monitor
implementation thereof;

(e) carry out Technology Needs Assessment and prepare Climate Change
Technology Action Plan in accordanCe with international best practices
for seeking technical and financial support, amongst others, through
_the Technology Mechanism;
102 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 3, 2017 [PART I

(t) prepare projects for funding under the Reducing Emission§ from
Deforestation and Forest Degradation (REDD+) Mechanism;

prepare the National Climate Change Report for consideration of the

Council;

formulate, and after approval of the Council, coordinate implementation

of low carbon and green growth-strategies;

formulate guidelines for the protection and conservation of renewable

and non-renewable resources, species, habitats, and biodiversity in
general which are adversely affected or threatened by climate change;

advise the Government regarding appropriate legislative, policy and

implementation measures and actions relating to disaster preparedness,
capacity building, institutional strengthening and awareness raising in
relevant sectors affected by climate change;

advise the Government regarding implementation of international

conventions, treaties and agreements on climate change and the
environment to which Pakistan is a party and fulfill reporting
requirements thereunder;

(0 design, establish and maintain a national registry and database on

greenhouse gas emissions in accordance with internationally adopted
emissions quantification methodologies, standards and protoCols;

coordinate and monitor implementation of goals and objectives and

fulfill reporting and verification obligations under international
conventions, treaties and agreements;

prepare policy papers and concept notes and provide technical input
for formulating national policy positions for international conferences
or negotiations;

coordinate conduct of research on current and emerging issues of

climate change, particularly assessment of Pakistan's vulnerability to
climate change, identification of climate change opportunities and
technology transfer, in association with specialized research institutions
and disseminate research findings and outputs to stakeholders;

(13) undertake education and awareness campaigns and programs to

enhance understanding and awareness of different aspects of climate
change and promote their integration in educational curricula;
PART I] THE GAZETTE OF PAKISTAN, EXTRA., APRIL3, 2017 103

(0) work in collaboration with relevant Government Agencies and non-

governmental organizations and after the conduct of relevant research
and studies, set targets and coordinate actions for the reduction of
greenhouse gas emissions and development of carbon markets;

design programmes providing for incentives relating to matters of

climate change, including incentives for reduced emissions from
deforestation and degradation;

mobilize resources for the purposes of achieving the objects and

purposes of this Aet;

regularly publish, update and disseminate, through electronic and other

means, climate change strategies, policies, plans, programmes and other
information; and

(u) perform such functions as may be assigned to it by the Council or by

the Government for purposes of this Act.

to assist the Authority in the discharge of its functions, the Minister-

in-Charge of the Federal Government may establish Advisory Committees for various
sectors and appoint as members thereof eminent representatives of the relevant
sector from educational institutions, research institutes and non-governmental
organizations.

In the discharge of its functions the Authority shall be guided by, amongst
others,—

the latest scientific knowledge and research relating to climate change

in general and renewable energy and clean technology in particular,
environmental considerations, including likely impacts on ecosystems,
bio-diversity and forestry and socio-economic development objectives,
including gender aspects; and

policy advice of the Division allocated with the subject of climate

change.

9. Annual report.—(1) At the end of each financial year, the Authority

shall prepare an annual report, which shall include— •

(a) a description of its activities;

104 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 3, 2017 [PART I

(b) progress of implementation of major climate change actions and

difficulties relating thereto;

(c) its plans for the next financial year;

audited accounts of the Authority; and

any other relevant information relating to functions of the Authority.

(2) The report prepared under sub-section (I) shall be laid by the Minister-
in-Charge of the Government before the Majlis-e-Shoora (Parliament).

10. Powers of the Authority.—(1) The Authority shall have all the powers
necessary to execute its functions under this Act.

(2) Without prejudice to the generality of sub-section (1), the Authority

shall have power to—

manage, control and administer assets of the Authority in such manner

so as to best serve its functions and the purposes of this Act;

enter into contracts or establish partnerships or associate with entities

and organizations as it may consider appropriate to support its functions,
provided that agreement with foreign governments and organizations
shall be entered into only with approval of the Government;

where necessary or on request, provide services or give guidance to

public and private entities in relation to climate change matters; and

solicit, gather, obtain and verify any relevant information and data from
any Federal or Provincial Ministry, Division or Department, or any
public or private entity in connection with the performance of the
functions of the Authority.

11. Functions and powers of the Chairperson.—(1) The Chairperson

shall be the chief executiVe of the Authority and shall, with the assistance of the
members,—

(a) perform the functions and exercise the powers of the Authority; and

(b) discharge such duties and perform such functions as are assigned to
him by the Council or by the Government.
PART!] THE GAZE1 Lb OF PAKISTAN, EXTRA., APRIL3, 2017 105

Until the Council is duly constituted, the Chairperson shall, subject to

such directions as the Government may give from time to time, perform the functions
and exercise the powers of the Council.

The Chairperson may, by general or special order, delegate any of his

functions or powers to officers or staff appointed under section 7.

CHAPTER IV

PAKISTAN CLIMATE CHANGE FUND

12. Pakistan Climate Change Fund.—(1) A fund to be known as the

Pakistan Climate Change Fund, hereinafter referred to as the Fund, shall be
established.

(2) There shall be paid into the Fund

such monies as may be received by the Fund in the form of donations,

endowments, grants and gifts from whatever source and specifically
designated for the Fund;

such sums of money as may be raised by the Authority for the execution
of the programmes and projects of the Authority; and

such monies as may, by or under any law, be payable to the Fund.

(3) The Fund shall be utilized, in accordance with such procedure as

may be prescribed, for—

expenditure incurred by the Authority in the exercise, discharge and

performance of its functions;

operational and administration expenses of the Fund;

financial assistance to suitable adaptation and mitigation projects and

measures designed to combat the adverse effects of climate change,
the sustainable development of resources and for research in any aspect
of climate change; and

any other purpose which in the opinion of the Council shall help achieve
the purposes of this Act.

13. Management of the Fund.—(1) The Fund shall be managed by the

Authority.
106 THE GAZETTE OF PAKISTAN, EXTRA., APRIL 3, 2017 [PART I

(2) In accordance with such procedure and such criteria as may be

prescribed, the Authority shall have the power to—

sanction financial assistance for eligible projects in accordance with

guidelines framed by the 'Council;

invest moneys held in the Fund in such profit-bearing Government

bonds, savings schemes and securities as it may deem suitable; and

take• such measures and exercise such powers as may be necessary

for utilization of the Fund for the purposes specified in sub-section (3)
of section 12.

(3) The Authority may constitute committees of its members to undertake

regular monitoring of projects financed from the Fund and submit progress reports
to the Authority.

(4) The Authority shall prepare an annual report incorporating its annual
audited accounts and performance evaluation based on the progress reports mentioned
in sub-section (3).

CHAPTER V -

MISCELLANEOUS

Indemnity.—No suit, prosecution or other legal proceedings shall lie

against the Federal and Provincial Governments, the Council, the Authority, the
Chairperson, members, officers, employees, experts, advisers, committees and
consultants of the Federal Government or the Environmental Tribunal or
Environmental Magistrates or any other person for anything which is in good faith
done or intended to be done under this Act or the rules or regulations made thereunder.

Dues recoverable as arrears of land revenue.—Any dues

recoverable by the Authority under this Act or the rules or regulations shall be
recoverable as arrears of land revenue.

Act to override other laws.—The provisions of this Act shall have

effect notwithstanding anything inconsistent therewith contained in any other law
for the time being in force.

Power to make rules.—The Minister-in-Charge of the Federal

Government may, by notification in the official Gazette, make rules for carrying out
the purposes of this Act, including rules for implementing the provisions of the
International Agreements relating to climate change, specified in the Schedule.
PART II THE GAZETTE OF PAKISTAN, EXTRA., APRIL 3, 2017 107

Power to amend the Schedule.—The Minister-in-Charge of the

Federal Government may, by notification in the official Gazette, amend the Schedule
so as to add any entry thereto or modify or omit any entry therein.

Power to make regulations.—(1) For carrying out the purposes of

this Act, the Authority may, by notification in the official Gazette and with the approval
of the Minister-in-Charge of the Federal Government, make regulations not
inconsistent with the provisions of this Act and the rules made thereunder.

(2) In particular and without prejudice to the generality of the

foregoing power, such regulations may provide for—

submission of periodical reports, data or information by any Government

agency, local authority or local council in respect of matters relating to
climate change;

preparation of emergency contingency plans for coping with extreme

climatic events, natural disasters and calamities; and

appointment of officers, advisers, experts, consultants and employees.

SCHEDULE

(See sections 2, 4, 17 and 18)

I. United Nations Framework Convention on Climate Change

(UNFCCC), Rio De Janeiro, 1992;

Kyoto Protocol to the UNFCCC, 1997;

The Paris Agreement, 2015; and

Any other agreement relating to climate change to which Pakistan is a

signatory.

AMJED PERVEZ,
Secretary

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