National Climate Change Act, 2021

Section Commencement Section This Act shall come into force on a date to be appointed by the Minister by statutory instrument.

Section Interpretation Section In this Act, unless the context otherwise requires— “ 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; “ adverse effects of climate change ” means changes in the physical environment or biota resulting from climate change which have significant deleterious effects on the composition, resilience or productivity of natural and managed ecosystems or on the operation of socio­economic systems or on human health and welfare; “ Agreement ” means the Paris Agreement, 2015 set out in Schedule 4 to this Act; “ authorised officer ” means an officer of the Department or any other person acting under the authority of or delegated to act in a particular way by the Commissioner ; “ baseline year ” means a year specified by the Minister in consultation with the Policy Committee on the Environment to be the baseline year for purposes of this Act; “ climate change ” means a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is, in addition to na...

Section Purpose of Act Section The purpose of this Act is to— give the Convention , its Protocol and the Agreement the force of law in Uganda; provide a regulatory framework for monitoring, reporting and verifying the impact of climate change and the implementation of programmes on climate change ; enhance the ability to adapt to the adverse impacts of climate change , build climate resilience and develop a mechanism for enhancing low greenhouse gas emissions ; provide for the institutional framework to coordinate, supervise, regulate and manage all activities related to climate change ; and provide for climate change financing.

Section Convention, its Protocol and the Agreement to have force of law in Uganda Section The Convention , its Protocol and the Agreement set out in Schedules 2, 3 and 4 of this Act, respectively shall have the force of law in Uganda. The provisions of the Convention , its Protocol and the Agreement that apply to developed countries are not applicable to Uganda.

Section Framework Strategy on Climate Change Section The Department shall, in developing the Framework Strategy on Climate Change take into account— The Framework Strategy on Climate Change shall— The Department shall, within one year after the commencement of this Act, develop a Framework Strategy on Climate Change for Uganda. The Framework Strategy on Climate Change shall guide Government in planning and budgeting for financing and monitoring of climate change programs and activities. the available scientific and indigenous knowledge on climate change ; the specific resilience and adaptation needs of the vulnerable and marginalised communities; gender and human rights issues; the need to ensure food security; the need to promote sustainable development in Uganda; the loss and damage occasioned by climate change on ecosystems, communities and humankind; the status and trends of the human population in Uganda; the requirements of the National Development Plan relating to climate change ; the expected outcomes of the implementation of climate change responses and measures; and the obligation of Uganda under the Convention , its Protocol and the Agreement . specify the impacts, risks...

Section National Climate Change Action Plan Section The Climate Change Action Plan shall indicate— The Department shall, within one year after the commencement of this Act and in accordance with the Framework Strategy on Climate Change, develop a National Climate Change Action Plan. the actions to be undertaken to assess and manage the impacts, risks, risk trends and vulnerability to climate change ; the responses, measures and actions to be undertaken for achieving adaptation to and mitigation of climate change ; the measures and actions to be undertaken to conserve and enhance sinks and reservoirs of greenhouse gases; the specific resilience , mitigation and adaptation measures, responses and actions to be adopted for ecosystems, gender matters, the vulnerable and marginalised communities and for the variability and extremes of climate change ; and the actions for building resilience to climate change . The National Climate Change Action Plan shall be reviewed every five years or earlier as may be deemed necessary.

Section Lead Agency Climate Change Action Plan Section The Lead Agency Climate Change Action Plan shall indicate— A lead agency shall, in conformity with the National Climate Change Action Plan and Framework Strategy on Climate Change, prepare a Lead Agency Climate Change Action Plan. an assessment and management of risk and vulnerability ; an identification of greenhouse gas mitigation potentials; and options and prioritisation of appropriate adaptation measures for joint projects of national and local governments. The Lead Agency Climate Change Action Plan referred to in sub section (1) shall be reviewed every five years or earlier as may be deemed necessary.

Section District Climate Change Action Plan Section A district climate change action plan shall— Each district in Uganda shall develop a District Climate Change Action Plan, within one year after the development of the National Climate Change Action Plan. include an assessment of the current and predicted impact of climate change on the area under the jurisdiction of the district ; include an assessment of the vulnerability impact and the risk of climate change on the areas under the jurisdiction of the district ; include a statement of the strategies, policies and actions for adaptation to and mitigation of climate change ; identify the actions to be undertaken by the district to build resilience to climate change ; and indicate the strategy to be adopted to undertake capacity building for the staff of the district and other stakeholders engaged in climate change related activities. A District Climate Change Action Plan shall apply to the whole district or to any part of a district and a district may develop different action plans to apply to different parts of the district . The District Climate Change Action Plan referred to in subsection (1) shall be consistent with the Framewo...

Section Participation in climate change mechanisms Section The climate change mechanisms are— The Minister may, by statutory instrument, make regulations prescribing— compliance emissions trading mechanisms; voluntary emissions trading mechanisms; non-market approaches referred to in article 6 of the Agreement ; cooperative approaches referred to in article 6 of the Agreement ; and any other climate change mechanism as may be prescribed by regulations. A project proponent may, with the approval of the Minister , benefit from or participate in a climate change mechanism . The Department shall, as may be prescribed by regulations made under this Act, monitor the participation of a project proponent in a climate change mechanism for conformity to the conditions of approval or any requirement of this Act and submit a report to the Minister . the procedure for approval for participation in a climate change mechanism ; the form of the register for approvals granted to project proponents; and the ownership of emissions reduction units and certified emission reductions as benefits arising from participating in a climate change mechanism .

Section Measurement of emissions Section For purposes of the national inventory referred to in section 13(1) , the targeted greenhouse gas emissions , the reductions of those targeted greenhouse gas emissions and the removal of the targeted greenhouse gases from the atmosphere shall be measured or calculated in tonnes of carbondioxide equivalent. The amount of greenhouse gas emissions and the removal of greenhouse gases for a period shall be determined every two years in accordance with the internationally acceptable reporting practice under the Convention , its Protocol and the Agreement . The net emissions for the period, in relation to the targeted greenhouse gas , means the amount of emissions of that gas for the period, reduced by the amount of removals of that gas for that period. The measurements of the national reference level , the targets, emissions , removals and net emissions shall indicate the different measurements of each lead agency in the national inventory referred to in section 13(1) . A lead agency shall develop a baseline of carbondioxide and other targeted greenhouse gas emissions . The Minister shall, by regulations, prescribe the standard format, requirement...

Section National reference level Section The Minister shall, in consultation with the Committee , prescribe the national base year, reference level and targets for the reduction of greenhouse gas emissions for each year, including targets for each lead agency . The Minister may revise the national reference level from time to time as the Minister may deem necessary. The Minister shall cause to be published the national reference level in the Gazette .

Section National reporting Section For purposes of complying with article 13 of the Convention , article 8 of the Protocol and article 14 of the Agreement , the Commissioner shall cause to be prepared and delivered to the Committee for its review annually, the national communication report and such other reports as may be required to be submitted to the Secretariat , from time to time. The Committee shall review the national communication report and such other reports and if satisfied with the reports, recommend to the Minister to sign and cause the reports to be forwarded to the Secretariat in the discharge of the national obligations under the Convention , its Protocol and the Agreement . The Minister shall, annually, lay before Parliament all the reports referred to in this section.

Section Verification of data and information Section The information referred to in subsection (1) includes— A person who— All information and reports submitted to the Department by lead agencies, individuals and private entities in accordance with this Act and the national inventory of emissions of carbondioxide and other greenhouse gases into the atmosphere or of the removals of carbondioxide and other greenhouse gases from the atmosphere in Uganda shall be verified by registered verifiers. A person who intends to conduct verification shall apply to the Commissioner to be registered as a verifier. information on mitigation , vulnerabilities and adaptation to the impacts of climate change ; information on climate change financing flows and expenditures; and information on emissions and removals of targeted greenhouse gases . not being registered as a verifier, makes a verification or any oral or written statement that appears to comprise a verification or rejection of information, a report or national inventory referred to in this section; or gives a misleading or wrong oral or written statement comprising of a verification or rejection of information or a report; The Minister may...

Section Department responsible for climate change Section The Department shall— In the performance of its functions under subsection (1) , the Department shall— in collaboration with lead agencies, individuals and private entities, develop a mechanism to— ensure that Uganda meets her obligations and realises her benefits under the Convention , its Protocol and the Agreement ; and coordinate, monitor and evaluate Government programmes and actions of Government on climate change . assess adaptation and mitigation actions of lead agencies, individuals and private entities to identify potential synergies and develop co*benefits to guide national prioritisation of climate change actions; promote the development, application and diffusion, including transfer of technologies, practices and processes that control, reduce or prevent anthropogenic emissions of greenhouse gases in all relevant sectors; serve as the national knowledge and information management centre for collating, verifying, refining, and disseminating knowledge and information on climate change ; promote multi stakeholder participation and public participation in developing adequate responses to climate change and its adver...

Section Policy Committee on Environment Section The Policy Committee on Environment established under the National Environment Act, 2019 shall, for the purposes of this Act— advise the Department and lead agencies on the implementation of this Act and the National Climate Change Policy; make policies and decisions for implementation by the Department as provided for under section 14(2)(g) ; receive and review the biennial report on climate change prepared by the Department and, where necessary, make recommendations to the Department ; and review the reports referred to in section 12 for purposes of compliance with international obligations.

Section National Climate Change Advisory Committee Section The Minister shall constitute a National Climate Change Advisory Committee comprised of technical experts from the fields of— In execution of its mandate, the National Climate Change Advisory Committee shall— energy and minerals, environment and natural resources, works and transport, science and technology, agriculture or any other relevant field as may be determined by the Minister ; and four other persons from the National Planning Authority, academia, private sector and civil society. At least one third of the members constituting the National Climate Change Advisory Committee shall be women. The National Climate Change Advisory Committee shall provide independent technical advice to the Committee and the Minister on climate change science, technologies, interventional programs on climate change and best practices for risk assessment, enhancement of the adaptive capacity to potential impacts of climate change and establishment and achievement of the set targets. advise on assessments of climate change impacts at the sectoral level for given priorities identified in the climate change programs; advise on the identificati...

Section Lead agencies Section A lead agency shall, in relation to its mandate, establish measures to— build economic and social resilience to climate change for the fragile ecosystems, communities and concerned persons by— There shall be, for the purposes of this Act, lead agencies which shall establish mitigation , adaptation and compatibility standards, measures and performance levels for responding to the climate change matters which relate to the mandate of the respective lead agencies. reduce the vulnerability of the fragile ecosystems, communities and concerned persons to the adverse effects of climate change ; undertaking vulnerability and impact assessments including baselines of vulnerability and risk, adaptive capacity, technology needs, gender and human rights, to inform decision making on adaptation ; promoting diversification to reduce over dependence on resources that are sensitive to climate; establishing alternative livelihoods systems amongst the most vulnerable communities; enhancing adaptive capacities of communities and fragile ecosystems; and establishing social protection tools for disaster risk reduction and climate change adaptation . enhance development and...

Section District department responsible for climate change Section For purposes of this Act, the Natural Resources Department shall be responsible for the implementation of the District Climate Change Action Plan and, in particular shall— The Natural Resources Department of a district is designated as the department responsible for climate change matters in the district . liaise with the Department and, where applicable, with the District Environment and Natural Resources Committee and the lower local governments climate change committees on all matters relating to climate change ; promote awareness and literacy on climate change ; provide technical assistance to the District Environment and Natural Resources Committee and the lower local governments climate change committees, where applicable, in the performance of their functions as provided for in this Act; keep a record of information on climate change and serve as the secretariat to the District Environment and Natural Resources Committee and the lower local government climate change committees, where applicable; participate in the development of ordinances and bye-laws relating to climate change in the district ; monitor comp...

Section District Committee responsible for climate change Section For the purposes of this Act, the District Environment and Natural Resources Committee is responsible for— The District Environment and Natural Resources Committee established under section 27 of the National Environment Act, 2019 is designated as the Committee responsible for climate change matters in the district . integrating climate change matters within the development plans, projects and budgets of the district for approval by the district council; coordinating the activities relating to climate change that are common to more than one sector within the district ; providing assistance in the development and formulation of ordinances and byelaws relating to climate change in the district ; disseminating information on climate change through education and outreach programmes; coordinating with the District Natural Resources Department on all issues relating to climate change within the district ; coordinating the activities of lower local government environment committees on matters of climate change ; and monitoring and evaluating the implementation of climate change activities within the district .

Section Lower local government committees responsible for climate change Section For the purposes of this Act, the lower local governments climate change committees shall be responsible for— A local government shall, on the advice of the District Environment and Natural Resources Committee , appoint lower local government climate change committees responsible for climate change in their local jurisdictions. the implementation of the District Climate Change Action Plan at the municipal, town, division, county, sub-county, parish and village levels, as the case may be; preparing work plans for climate change adaptation and mitigation activities within their local jurisdictions for purposes of implementing the District Climate Change Action Plan; conducting education and awareness campaigns on climate change within their local jurisdiction; mobilising the people within their local jurisdiction to implement climate change adaptation and mitigation measures and actions; monitoring and evaluating of climate change risks, adaptation and mitigation activities within their local jurisdiction; reporting any events or activities which negatively affect or are likely to negatively affect the i...

Section Financing for climate change Section The Minister responsible for finance shall, in consultation with the Minister , provide for climate change financing, taking into account— The financing shall be for purposes of— viable climate change financing mechanisms at the national level; and international climate change financing mechanisms referred to in article 9 of the Agreement . research, data collection on climate change and systematic observation of climate change , taking into account the need to minimize duplication of effort; financing projects for implementation of climate change actions and measures, including specific technologies, materials, equipment, techniques or practices necessary to implement such projects; and providing grants, loans and incentives to individuals, private entities and local governments for climate change research and innovation in industry, technology, science, academia and policy formulation. The Minister , in consultation with the Minister responsible for finance shall, by statutory instrument, make regulations setting out procedures for accessing the financing referred to in this section.

Section Incentives for climate change actions Section The Minister , in consultation with the Minister responsible for finance, may provide incentives to persons engaged in implementing response measures for adaptation and mitigation . The Minister shall, for the purposes of subsection (1) , make regulations prescribing the nature of incentives, the conditions for the grant or withdrawal of incentives and such other matters related to incentives, as may be necessary for the exercise of the power conferred under subsection (1) .

Section Duties of private entities and individuals Section The Minister shall make regulations prescribing— climate change obligations on private entities, and individuals; activities for which private entities, and individuals shall be required to prepare mitigation and adaptation plans; the nature and procedure for reporting on the performance of private entities and individuals with regard to the obligations imposed by the Minister under this section; and mechanisms for monitoring and evaluating compliance with the Act.

Section Confidentiality Section The information or data submitted to the Department or lead agency shall not be used for any purpose other than for the preparation of— Subsection (1) does not apply to a disclosure made by an authorised officer where the disclosure— An authorised officer shall not disclose to any individual or private entity any information acquired by the authorised officer in the course of official duties relating to the financial affairs, plant or equipment of an individual or private entity . biennial report referred to in section 27 ; communication required under article 13 of the Convention ; and national communications, biennial reports and biennial update reports required under article 13 of the Agreement . A person who contravenes subsection (1) or (2) commits an offence and is liable, on conviction, to a fine not exceeding one thousand currency points or to a term of imprisonment not exceeding four years, or both. is done in the course of carrying out his or her official duties; is authorised by the person to whom the duty of confidentiality is owed; is authorised by law; or is required by a court or other lawfully constituted authority.

Section Indemnity from personal liability Section The Minister , the Commissioner or an authorised officer shall not be personally liable in respect of any act done in good faith in the exercise of the powers or in the performance of the functions under this Act. Subsection (1) shall not relieve the Government of the liability to pay compensation or damages to any person for any injury, loss of property or interests caused by the exercise of any power conferred by this Act or by the failure or omission, wholly or partially of the Minister , the Commissioner or an authorised officer to act.

Section Litigation on climate change Section The High Court may, in addition to any other orders it may deem appropriate, make orders to— A person may apply to the High Court for relief against the Government, an individual or a private entity whose action or omission threatens or is likely to threaten efforts towards adaptation to or mitigation of climate change . prevent, stop or discontinue the act or omission that is the subject of the application; compel the Department , lead agency or any person to take measures to reverse the act or perform the act that was omitted; or provide compensation to a person that has suffered loss or damage as a result of the act or omission. A person may apply to the High Court under subsection (1) notwithstanding that that person cannot prove that the act or omission of the Department , lead agency , individual or private entity has caused or is likely to cause personal harm or injury to that person or any other person.

Section Biennial report Section The Department shall submit a biennial report on climate change to the Minister who shall submit it to Cabinet for consideration and approval by 30 th September of the year immediately following the year in which the report is due. The Cabinet may, after consideration of the biennial report on climate change , direct the Minister to require any person or lead agency that has not complied with any directive of the Department to comply with the directive. The Minister shall, upon approval of the biennial report on climate change by Cabinet, lay it before Parliament. Parliament shall, within three months after receiving the biennial report on climate change , make recommendations to the Minister . The report shall be disseminated to the public. A person who fails to comply with the Minister 's directive in subsection (2) commits an offence and is liable, on conviction, to a fine not exceeding five hundred currency points or a term of imprisonment not exceeding one year, or both.

Section Reporting by lead agencies Section A lead agency shall, every year, submit to the Department , a report on the status of implementation of the standards, measures and performance levels for responding to climate change as established by the respective lead agencies. Where the report of a lead agency discloses unsatisfactory performance, the Department shall, within forty five days of receipt, undertake investigations and report its findings to the Minister .

Section Integration of climate change into the curriculum Section The Ministry responsible for education shall ensure that climate change education and research are integrated into the national curriculum.

Section Amendment of the Public Finance Management Act, 2015 Section The Public Finance Management Act, 2015 is amended in section 9 by— inserting in subsection (1), immediately after the word “development” the words “ climate change ,”; and inserting immediately after subsection (6) the following— “ (6a) The Minister shall, in consultation with the Chairperson of the National Planning Authority, issue a certificate certifying that the Budget Framework Paper is climate change responsive and contains adequate allocation for funding climate change measures and actions. (6b) The Minister and the Chairperson of the National Planning Authority shall evaluate all votes of the Budget Framework Paper before issuing the certificate referred to in subsection (6a).” The Minister shall, in consultation with the Chairperson of the National Planning Authority, issue a certificate certifying that the Budget Framework Paper is climate change responsive and contains adequate allocation for funding climate change measures and actions. The Minister and the Chairperson of the National Planning Authority shall evaluate all votes of the Budget Framework Paper before issuing the certificate referred to i...

Section Regulations Section Without prejudice to the general effect of subsection (1) , the Minister may make regulations for— Regulations made under this section may prescribe, in respect of a contravention of the regulations— The Minister may, by statutory instrument, make regulations for the better carrying into effect of the provisions of this Act. the procedure and criteria for participation in climate change mechanisms; levies or fees to be paid by any project proponent ; the procedures and modalities for measurement of emissions and removals of greenhouse gases for the national inventory; information to be included in the biennial report; prescribing forms; and reporting by lead agencies on the implementation of standards, measures and performance levels for responding to climate change . a penalty not exceeding five hundred currency points or imprisonment not exceeding two years, or both; in the case of a continuing contravention, an additional penalty not exceeding ten currency points in respect of each day or part of a day on which the offence continues; or that the court may require the forfeiture of anything used in the commission of the offence.