{"id":"nsw:act-2023-048","name":"Climate Change (Net Zero Future) Act 2023","slug":"climate-change-net-zero-future-act-2023","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"48 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28908,"registerId":"nsw-act-2023-048-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Climate Change (Net Zero Future) Act 2023](/view/html/inforce/current/act-2023-048).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on the date of assent to this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Purpose of Act","content":"#### 3 Purpose of Act\n\n3 Purpose of Act\n\n> > (1) The purpose of this Act is to give effect to the international commitment established through the 2015 Paris Agreement to—\n> > \n> > > (a) hold the increase in the global average temperature to well below 2°C above pre-industrial levels, and\n> > \n> > > (b) pursue efforts to limit the temperature increase to 1.5°C above pre-industrial levels, and\n> > \n> > > (c) increase the ability to adapt to the adverse impacts of climate change.\n> \n> > (2) The Parliament of New South Wales, in enacting this Act, recognises—\n> > \n> > > (a) there is a scientific consensus that human activity is causing abnormal changes to the climate, and\n> > \n> > > (b) action is urgently required to reduce greenhouse gas emissions and to address the adverse impacts of climate change.\n> \n> > (3) The Parliament of New South Wales, in enacting this Act, is committed to effective action on climate change to ensure a sustainable and fair future for the people, economy and environment of New South Wales.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Objects of Act","content":"#### 4 Objects of Act\n\n4 Objects of Act\n\n> The objects of this Act are as follows—\n> \n> > (a) to establish guiding principles for action to address climate change,\n> \n> > (b) to set targets for the reduction in net greenhouse gas emissions in New South Wales until 2050,\n> \n> > (c) to set an objective for New South Wales to be more resilient to a changing climate,\n> \n> > (d) to establish the Net Zero Commission to independently monitor, review and report on progress in New South Wales towards the targets, the adaptation objective and other matters.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n5 Definitions\n\n> In this Act—\n> \n> action to address climate change includes—\n> \n> > (a) action to mitigate climate change by reducing—\n> > \n> > > (i) greenhouse gas emissions, and\n> > \n> > > (ii) greenhouse gases in the atmosphere, for example, through sequestration or sinks, and\n> \n> > (b) action to adapt to a changing climate and to address the effects of climate change.\n> \n> adaptation objective—see section 10.\n> \n> chair of the Commission means the chair of the Commission appointed by the Minister under section 13(4).\n> \n> Chief Scientist means the person employed in the Public Service as the Chief Scientist and Engineer.\n> \n> climate change means a change of climate that is—\n> \n> > (a) directly or indirectly attributable to human activity that alters the composition of the atmosphere, and\n> \n> > (b) in addition to natural climate variability over comparable time periods.\n> \n> Commission means the Net Zero Commission established by section 12.\n> \n> commissioner means a commissioner appointed by the Governor under section 13(1)(a) and does not include a temporary commissioner appointed by the Minister under section 13(1)(b).\n> \n> exercise a function includes perform a duty.\n> \n> function includes a power, authority or duty.\n> \n> government agency means the following—\n> \n> > (a) a public authority constituted by or under an Act,\n> \n> > (b) a NSW Government agency,\n> \n> > (c) a Public Service agency,\n> \n> > (d) a local council,\n> \n> > (e) a State owned corporation.\n> \n> greenhouse gas means carbon dioxide, methane, nitrous oxide, sulphur hexafluoride, hydrofluorocarbon gas, perfluorocarbon gas and other gases prescribed by the regulations.\n> \n> interim target means an interim target for the reduction of net greenhouse gas emissions in New South Wales prescribed by the regulations.\n> \n> member of the Commission means a commissioner, a temporary commissioner or the Chief Scientist.\n> \n> primary target means a target for the reduction of net greenhouse gas emissions in New South Wales set out in section 9(1).\n> \n> temporary commissioner means a temporary commissioner appointed by the Minister under section 13(1)(b).\n> \n> Note—\n> \n> The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Act to bind Crown","content":"#### 6 Act to bind Crown\n\n6 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, to the extent the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Relationship with other Acts and laws","content":"#### 7 Relationship with other Acts and laws\n\n7 Relationship with other Acts and laws\n\n> This Act prevails to the extent of an inconsistency with another Act or law.","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"Guiding principles, targets and objectives","content":"# Part 2 Guiding principles, targets and objectives\n\nPart 2 Guiding principles, targets and objectives","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Guiding principles","content":"#### 8 Guiding principles\n\n8 Guiding principles\n\n> > (1) For this Act, the guiding principles are the principles set out in this section.\n> \n> > (2) There is a critical need to act to address climate change, which is a serious threat to the social, economic and environmental wellbeing of New South Wales.\n> \n> > (3) Action to address climate change should be taken as early as possible to minimise the cost and adverse impacts of climate change.\n> \n> > (4) Action to address climate change should be taken in a way that—\n> > \n> > > (a) is fiscally responsible, and\n> > \n> > > (b) promotes sustainable economic growth, and\n> > \n> > > (c) considers the economic risks of delaying action to address climate change, and\n> > \n> > > (d) considers the impact on rural, regional, and remote communities in New South Wales.\n> \n> > (5) Action to address climate change should be consistent with the right to a clean, healthy and sustainable environment.\n> \n> > (6) Action to address climate change should be consistent with the principles of ecologically sustainable development described in the [Protection of the Environment Administration Act 1991](/view/html/inforce/current/act-1991-060), section 6(2).\n> \n> > (7) Action to address climate change should involve appropriate consultation with affected persons, communities and stakeholders.\n> \n> > (8) Action to address climate change should take into account the following—\n> > \n> > > (a) the knowledge and perspectives of Aboriginal communities,\n> > \n> > > (b) the best available science,\n> > \n> > > (c) the knowledge of rural, regional and remote communities in New South Wales,\n> > \n> > > (d) the need to support local communities, including Aboriginal communities, who may be affected by the action, including by—\n> > > \n> > > > (i) considering the impact on local employment and industries, and\n> > > \n> > > > (ii) diversifying local economies, and\n> > > \n> > > > (iii) encouraging local procurement, and\n> > > \n> > > > (iv) optimising job creation and employment transition opportunities, and\n> > > \n> > > > (v) considering the impact on the amenity of local communities,\n> > \n> > > (e) the need for education and skills diversification,\n> > \n> > > (f) the need to ensure essential utilities and infrastructure are provided, including energy, water, telecommunications and transport,\n> > \n> > > (g) the impact of the action on consumer costs in New South Wales, including energy costs,\n> > \n> > > (h) the need to reduce the risk climate change poses to human health,\n> > \n> > > (i) equity and social justice impacts on socially disadvantaged groups and economically vulnerable regions,\n> > \n> > > (j) the need to reduce the risk climate change poses to the survival of all species.\n> \n> > (9) Action to address climate change should take into account the impact on animals.\n> \n> > (10) The Government of New South Wales is responsible for—\n> > \n> > > (a) urgently developing and implementing strategies, policies and programs to address climate change, and\n> > \n> > > (b) ensuring the Government of New South Wales pursues best practice in addressing climate change.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Targets for reducing net greenhouse gas emissions","content":"#### 9 Targets for reducing net greenhouse gas emissions\n\n9 Targets for reducing net greenhouse gas emissions\n\n> > (1) The targets for reducing net greenhouse gas emissions in New South Wales are—\n> > \n> > > (a) by 30 June 2030—to reduce net greenhouse gas emissions in New South Wales by at least 50% from the net greenhouse gas emissions in 2005, and\n> > \n> > > (b) by 30 June 2035—to reduce net greenhouse gas emissions in New South Wales by at least 70% from the net greenhouse gas emissions in 2005, and\n> > \n> > > (c) by 30 June 2050—to reduce net greenhouse gas emissions in New South Wales to zero.\n> \n> > (2) The regulations may—\n> > \n> > > (a) adjust a date in subsection (1) by prescribing an earlier date, and\n> > \n> > > (b) adjust a percentage in subsection (1) by prescribing a higher percentage.\n> \n> > (3) The regulations must prescribe an interim target to reduce net greenhouse gas emissions in New South Wales for each of the following—\n> > \n> > > (a) 30 June 2040,\n> > \n> > > (b) 30 June 2045.\n> \n> > (4) An interim target must specify a reduction that is greater than—\n> > \n> > > (a) for 30 June 2040—the 30 June 2035 target, and\n> > \n> > > (b) for 30 June 2045—the 30 June 2040 target.\n> \n> > (5) The regulations may make provision about the following—\n> > \n> > > (a) implementing primary targets and interim targets,\n> > \n> > > (b) setting interim targets in addition to the interim targets in subsection (3),\n> > \n> > > (c) other matters relating to primary targets and interim targets, including imposing functions on the Commission in relation to the targets,\n> > \n> > > (d) calculating and assessing greenhouse gas emissions, including by—\n> > > \n> > > > (i) providing for a person to calculate or assess greenhouse gas emissions, and\n> > > \n> > > > (ii) adopting documents in force from time to time.\n> \n> > (6) The regulations may prescribe requirements for giving advance notice about interim targets.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Objective for adaptation to changing climate","content":"#### 10 Objective for adaptation to changing climate\n\n10 Objective for adaptation to changing climate\n\n> > (1) For this Act, the adaptation objective is that New South Wales is more resilient to a changing climate.\n> \n> > (2) The regulations may make provision about the implementation of the adaptation objective.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Achieving the net zero target","content":"#### 11 Achieving the net zero target\n\n11 Achieving the net zero target\n\n> The Premier and the Minister must ensure New South Wales achieves the target set out in section 9(1)(c).","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Net Zero Commission","content":"# Part 3 Net Zero Commission\n\nPart 3 Net Zero Commission","sortOrder":13},{"sectionNumber":"Division 1","sectionType":"division","heading":"Constitution of Commission","content":"## Division 1 Constitution of Commission\n\nDivision 1 Constitution of Commission","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Constitution of Commission","content":"#### 12 Constitution of Commission\n\n12 Constitution of Commission\n\n> > (1) There is constituted by this Act a body corporate with the corporate name of the Net Zero Commission.\n> \n> > (2) The Commission is a NSW Government agency.\n> > \n> > Note—\n> > \n> > See the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), section 13A.\n> \n> > (3) The Commission is not subject to the control and direction of the Minister, except to the extent expressly provided for under this or another Act.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Members of Commission","content":"#### 13 Members of Commission\n\n13 Members of Commission\n\n> > (1) The Commission must consist of the following members—\n> > \n> > > (a) 5–7 commissioners appointed by the Governor, on the recommendation of the Minister,\n> > \n> > > (b) up to 3 temporary commissioners appointed by the Minister,\n> > \n> > > (c) the Chief Scientist.\n> \n> > (2) The Minister must not recommend a person for appointment as a commissioner unless the Minister is satisfied the person has skills, qualifications and experience to enable the Commission to exercise the Commission’s functions.\n> \n> > (3) In making a recommendation about the appointment of a commissioner or in appointing a temporary commissioner, the Minister must have regard to the need for the members of the Commission to together have skills, qualifications and experience in relation to the following—\n> > \n> > > (a) the best available climate change science,\n> > \n> > > (b) mitigation and adaptation approaches,\n> > \n> > > (c) economics and technologies relating to climate change,\n> > \n> > > (d) the strategies, policies and programs of the Government of New South Wales,\n> > \n> > > (e) the environmental, social, economic and distributional impacts of climate change, including socio-economic, regional, industrial and sector differences,\n> > \n> > > (f) the effects of climate change on human health and safety,\n> > \n> > > (g) the interests of Aboriginal communities,\n> > \n> > > (h) the interests of rural, regional and remote communities in New South Wales.\n> \n> > (4) The Minister may appoint a commissioner as chair of the Commission.\n> \n> > (5) Schedule 1 contains provisions about the members and procedure of the Commission.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Staff of Commission","content":"#### 14 Staff of Commission\n\n14 Staff of Commission\n\n> Persons may be employed in the Public Service to enable the Commission to exercise the Commission’s functions.\n> \n> Note—\n> \n> The [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), section 59 provides that the persons employed for the Commission, or whose services the Commission makes use of, may be referred to as officers or employees, or members of staff, of the Commission. The [Constitution Act 1902](/view/html/inforce/current/act-1902-032), section 47A precludes the Commission from employing staff.","sortOrder":17},{"sectionNumber":"Division 2","sectionType":"division","heading":"Functions of Commission","content":"## Division 2 Functions of Commission\n\nDivision 2 Functions of Commission","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Functions of Commission","content":"#### 15 Functions of Commission\n\n15 Functions of Commission\n\n> > (1) The Commission has the following functions—\n> > \n> > > (a) to monitor and review, and to provide advice and recommendations to the Minister on, progress towards the primary targets and interim targets in New South Wales,\n> > \n> > > (b) to monitor and review, and to provide advice and recommendations to the Minister on, progress in relation to the adaptation objective in New South Wales,\n> > \n> > > (c) to monitor and review action currently being taken in New South Wales to address climate change, including—\n> > > \n> > > > (i) the environmental, social and economic impacts of the action, and\n> > > \n> > > > (ii) action related to the strategies, policies and programs of the Government of New South Wales,\n> > \n> > > (d) to identify and recommend action that should be taken by the Government of New South Wales to address climate change, including strategies, policies and programs that should be implemented by the Government of New South Wales,\n> > \n> > > (e) to educate and inform the Government of New South Wales, businesses, organisations and individuals to promote action to address climate change.\n> \n> > (2) Without limiting subsection (1), the Commission may provide advice and make recommendations to the Minister about the following—\n> > \n> > > (a) how to give effect to the guiding principles in New South Wales,\n> > \n> > > (b) interim targets,\n> > \n> > > (c) ways to reduce net greenhouse gas emissions in New South Wales,\n> > \n> > > (d) ways to achieve the adaptation objective,\n> > \n> > > (e) emissions budgets for New South Wales, having regard to Commonwealth emissions budgets and nationally determined contributions,\n> > \n> > > (f) targets for energy use by government agencies,\n> > \n> > > (g) greenhouse gas emissions and action to address climate change relating to specific business or industry sectors,\n> > \n> > > (h) ways to ensure a whole-of-government approach to addressing climate change in New South Wales.\n> \n> > (3) The Commission may provide advice and make recommendations to any of the following persons or bodies, but if it does it must provide notice to the Minister responsible for the person or body—\n> > \n> > > (a) the Secretary of a Department,\n> > \n> > > (b) the Independent Planning Commission within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> \n> > (4) The Commission may have other functions conferred or imposed on it by or under this or another Act.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Considerations for Commission","content":"#### 16 Considerations for Commission\n\n16 Considerations for Commission\n\n> When exercising the Commission’s functions, the Commission must consider the following—\n> \n> > (a) the guiding principles,\n> \n> > (b) the primary targets and interim targets,\n> \n> > (c) the adaptation objective,\n> \n> > (d) reports, advice or recommendations about climate change from other persons or bodies in Australia and internationally, as the Commission considers relevant,\n> \n> > (e) action to address climate change that is taken internationally,\n> \n> > (f) the exercise of the functions of government agencies.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Consultation","content":"#### 17 Consultation\n\n17 Consultation\n\n> The Commission must consult with, and consider submissions from, persons the Commission considers relevant or necessary for the exercise of the Commission’s functions, including government agencies and the general public.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Obligation of government agencies to provide information","content":"#### 18 Obligation of government agencies to provide information\n\n18 Obligation of government agencies to provide information\n\n> A government agency must comply with a reasonable request by the Commission to give the Commission information relevant to the Commission’s functions.","sortOrder":22},{"sectionNumber":"Division 3","sectionType":"division","heading":"Reporting requirements","content":"## Division 3 Reporting requirements\n\nDivision 3 Reporting requirements","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Minister may require report from Commission","content":"#### 19 Minister may require report from Commission\n\n19 Minister may require report from Commission\n\n> > (1) The Minister may require the Commission to give the Minister a report, including a report containing information, advice or recommendations in relation to a particular matter.\n> \n> > (2) The Minister may, after consulting with the Commission, require the report to be given to the Minister within a specified period.\n> \n> > (3) This section does not prevent the Commission from giving the Minister a report, information, advice or recommendations on the Commission’s own initiative.","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Publication of Commission reports","content":"#### 20 Publication of Commission reports\n\n20 Publication of Commission reports\n\n> > (1) This section applies if the Commission gives the Minister a report, including a report that contains advice or a recommendation, whether the report was required by the Minister or given to the Minister on the Commission’s own initiative.\n> \n> > (2) Within 28 days after receiving a report from the Commission, the Minister must table the report in both Houses of Parliament.\n> \n> > (3) Within 6 months after receiving a report from the Commission, the Minister must—\n> > \n> > > (a) publish a response to the report, and\n> > \n> > > (b) table the response in both Houses of Parliament within 28 days after publishing the response.\n> \n> > (4) A response to a report that contains advice or a recommendation from the Commission must specify the following—\n> > \n> > > (a) whether the advice or recommendation is accepted, refused or noted,\n> > \n> > > (b) if the advice or recommendation is accepted—the action to be taken by the Government of New South Wales to implement the advice or recommendation,\n> > \n> > > (c) if the advice or recommendation is refused or noted—the reasons for refusing or noting the advice or recommendation.\n> \n> > (5) Subsection (3) does not apply to a report given to the Minister under section 21.\n> \n> **s 20:** Am 2024 No 47, Sch 1.9.","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Annual reports","content":"#### 21 Annual reports\n\n21 Annual reports\n\n> > (1) The Commission must, by 1 July in each year, give the Minister a report for the previous calendar year about the following—\n> > \n> > > (a) New South Wales’s progress towards the primary targets and interim targets,\n> > \n> > > (b) New South Wales’s progress in relation to the adaptation objective,\n> > \n> > > (c) a summary of all reports given to the Minister by the Commission during the calendar year,\n> > \n> > > (d) other matters prescribed by the regulations.\n> \n> > (2) The Commission may also include in the report a recommendation to the Minister that had not been given to the Minister during the calendar year.\n> \n> > (3) In preparing the report, the Commission must consult with the Agriculture Commissioner appointed under the [Agriculture Commissioner Act 2024](/view/html/inforce/current/act-2024-077).\n> \n> > (4) Within 6 months after receiving the report required under subsection (1), the Minister must—\n> > \n> > > (a) publish a response to the report, and\n> > \n> > > (b) table the response in both Houses of Parliament within 28 days of publishing the response.\n> \n> **s 21:** Am 2024 No 77, Sch 3.1; 2025 No 58, Sch 1\\[1\\]–\\[3\\].","sortOrder":26},{"sectionNumber":"Division 4","sectionType":"division","heading":"Other","content":"## Division 4 Other\n\nDivision 4 Other","sortOrder":27},{"sectionNumber":"22","sectionType":"section","heading":"Advisory committees","content":"#### 22 Advisory committees\n\n22 Advisory committees\n\n> > (1) The Commission may establish committees to give advice and assistance to the Commission in connection with the Commission’s functions.\n> \n> > (2) An advisory committee need not include a member of the Commission.\n> \n> > (3) The procedure for calling meetings of an advisory committee and conducting business at the meetings must be determined by the Commission or, subject to a determination of the Commission, by the advisory committee.","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Delegation","content":"#### 23 Delegation\n\n23 Delegation\n\n> The Commission may delegate any of the Commission’s functions under this Act, other than this power of delegation, to the following—\n> \n> > (a) a member of the Commission,\n> \n> > (b) a member of staff of the Commission,\n> \n> > (c) a person or body prescribed by the regulations.","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Disclosure of information","content":"#### 24 Disclosure of information\n\n24 Disclosure of information\n\n> > (1) This section applies to the following persons—\n> > \n> > > (a) a member of the Commission,\n> > \n> > > (b) a member of an advisory committee of the Commission,\n> > \n> > > (c) a member of staff of the Commission.\n> \n> > (2) A person must not disclose information obtained in connection with the administration or execution of this Act unless the disclosure is made—\n> > \n> > > (a) with the consent of the person from whom the information was obtained, or\n> > \n> > > (b) in connection with the administration or execution of this Act, or\n> > \n> > > (c) for the purposes of legal proceedings arising out of this Act, or\n> > \n> > > (d) with another lawful excuse.\n> > \n> > Maximum penalty for subsection (2)—50 penalty units.","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Protection from personal liability","content":"#### 25 Protection from personal liability\n\n25 Protection from personal liability\n\n> > (1) A protected person, or an individual acting under the direction of a protected person, is not personally subject to civil liability for anything done or omitted to be done—\n> > \n> > > (a) in good faith, and\n> > \n> > > (b) for the purposes of exercising functions under this Act or the regulations.\n> \n> > (2) The liability instead attaches to the Crown.\n> \n> > (3) In this section—\n> > \n> > civil liability includes an action, claim or demand.\n> > \n> > protected person means the following—\n> > \n> > > (a) a member of the Commission,\n> > \n> > > (b) a member of an advisory committee of the Commission,\n> > \n> > > (c) a member of staff of the Commission.","sortOrder":31},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":32},{"sectionNumber":"26","sectionType":"section","heading":"Review of Act","content":"#### 26 Review of Act\n\n26 Review of Act\n\n> > (1) The Minister must review this Act to determine whether the policy objectives and purpose of the Act remain valid and whether the terms of this Act remain appropriate for securing the objectives and achieving the purpose.\n> \n> > (2) A review must be undertaken—\n> > \n> > > (a) as soon as possible after the period of 5 years from the date of assent to this Act, and\n> > \n> > > (b) every 5 years after the first review.\n> \n> > (3) A report on the outcome of the review must be tabled in both Houses of Parliament within 12 months after the end of the period to which the review relates.","sortOrder":33},{"sectionNumber":"27","sectionType":"section","heading":"Regulations","content":"#### 27 Regulations\n\n27 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) The regulations may apply, adopt or incorporate, wholly or in part and with or without modification, a publication in force at a particular time or from time to time.","sortOrder":34},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Members and procedure of Net Zero Commission","content":"# Schedule 1 Members and procedure of Net Zero Commission\n\nSchedule 1 Members and procedure of Net Zero Commission\n\nsection 13(5)","sortOrder":35},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 2 Savings, transitional and other provisions\n\nSchedule 2 Savings, transitional and other provisions\n\n**sch 2:** Am 2025 No 58, Sch 1\\[4\\].","sortOrder":48}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act’s operational scope has been broadened and adjusted through provisions allowing the regulations to alter targets and set interim targets and implementation detail (s 9(2)–(5), s 27), through transitional measures that replace the prior Net Zero Board (Schedule 2, Part 2) and alter the Commission’s first reporting period (Schedule 2, Part 3, cl 3), and by added reporting and consultation duties (s 21). These elements expand regulatory and administrative discretion beyond the primary target declarations."},"complexity_factors":["Statutory targets with regulatory override: regulations may advance dates or increase percentages (s 9(2)–(5))","Creation of an independent corporate body with mixed appointment powers (Governor appoints commissioners on Minister’s recommendation; Minister appoints temporary commissioners and chair) (ss 12–13)","Detailed reporting and response timelines with publication and tabling obligations (ss 19–21)","Obligations on government agencies to provide information to the Commission (s 18) and consultation requirements (s 17)","Delegation and confidentiality rules, plus civil‑liability protection that shifts risk to the Crown (ss 23–25)","Regulation‑making power to adopt external publications and prescribe technical details (s 27)","Transitional and savings provisions altering institutional arrangements (abolition of previous Net Zero Board) and modified first reporting period in Schedule 2","Appointment, tenure, removal and conflicts rules in Schedule 1 adding administrative detail and potential executive discretion (Sch 1)"],"plain_english_summary":"This Act sets statutory NSW greenhouse‑gas reduction targets (50% by 30 June 2030; 70% by 30 June 2035; net zero by 30 June 2050), creates an independent Net Zero Commission to monitor progress and advise government, and requires the Premier and Minister to ensure the 2050 target is achieved. It imposes reporting duties, gives the Minister and Governor appointment and removal powers for commissioners, and allows regulations to set interim targets and implementation detail.\n\nCosts fall to the NSW Government (staffing, programs, responses) and government agencies must supply information; the Minister and Governor make key appointments and set some procedural rules."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on available metadata, the Act appears to remain consistent with its original intent of establishing a net zero emissions framework for NSW. The multiple amendments (2024–2025) suggest refinement and expansion of mechanisms rather than a fundamental shift in purpose. No information indicates the scope has materially departed from the original legislative design."},"complexity_factors":["Framework legislation — creates obligations and processes rather than simple rules, meaning its real-world effect depends heavily on subordinate strategies and regulations yet to be made","Interaction with other NSW laws and federal climate legislation creates layered obligations that require cross-referencing multiple instruments","Accountability and reporting mechanisms involve technical concepts (emissions accounting, baselines, sector-level targets) that are not self-explanatory","Has already been amended multiple times since commencement (4 versions in under 2 years), indicating evolving complexity","Enforcement and legal consequences of non-compliance are typically indirect and contested in framework-style climate laws","Limited operative text was available for analysis, reducing certainty about full complexity"],"plain_english_summary":"The Climate Change (Net Zero Future) Act 2023 legally commits New South Wales to achieve net zero greenhouse gas emissions and sets a framework for how the state will get there. It affects all NSW residents, businesses, state agencies and the Minister for Climate Change by shaping future policy, investment and decision‑making.\n\nThe Act requires the government to publish strategies and reporting so progress can be tracked, creating legal accountability that binds future policies and gives the public and courts a basis to hold government to its targets."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing statutory emissions targets and an independent oversight body. The 2024 and 2025 amendments are minor technical adjustments — adding consultation requirements with the Agriculture Commissioner and adjusting reporting timelines — rather than expansions into new policy areas. The core scope (targets, Commission functions, guiding principles) is unchanged from the original 2023 enactment."},"complexity_factors":["Straightforward structure with 4 main Parts plus 2 Schedules, following standard NSW legislative format","18 defined terms in section 5, mostly standard administrative definitions (e.g., 'government agency', 'greenhouse gas')","Minimal cross-referencing — primarily to the Interpretation Act 1987 and Protection of the Environment Administration Act 1991 for established concepts","Simple conditional logic: targets can only be adjusted upward (section 9(2)), and regulations are largely enabling rather than prescriptive","Some procedural complexity in Schedule 1 regarding Commission membership (distinction between commissioners, temporary commissioners, and Chief Scientist with different term limits and reappointment rules)","Disclosure and conflict-of-interest provisions in Schedule 1, section 9 follow standard template but add slight complexity with pecuniary interest rules","Recent amendments (2024, 2025) add minor transitional provisions but do not significantly complicate the core scheme"],"plain_english_summary":"**What this law does:**\n\nThis is New South Wales' flagship climate change legislation. It creates a legal framework to drive the state towards net zero greenhouse gas emissions by 2050, with specific interim targets along the way.\n\n**Key elements:**\n\n- **Binding emissions targets**: NSW must cut net emissions by at least 50% by 2030, 70% by 2035, and reach net zero by 2050. The government can only make these targets *more* ambitious, not less.\n\n- **The Net Zero Commission**: An independent statutory body that monitors progress, reviews government action, and publicly reports on whether NSW is on track. It can recommend policies but cannot force the government to adopt them.\n\n- **Guiding principles**: A detailed list of factors that must be considered when taking climate action — including impacts on rural communities, Aboriginal knowledge, job creation, energy costs, animal welfare, and social justice.\n\n- **Adaptation objective**: A separate goal to make NSW more resilient to climate impacts that are already happening.\n\n- **Accountability mechanisms**: The Commission produces annual reports that the Minister must table in Parliament and respond to within 6 months, explaining whether recommendations are accepted or rejected.\n\n**Who it affects:**\n\n- **Government agencies** must provide information to the Commission and consider its advice\n- **Businesses and industries** face monitoring of their emissions and potential policy recommendations affecting their sectors\n- **Communities** — especially rural, regional, and Aboriginal communities — have specific protections and consultation rights built into decision-making\n- **The public** can make submissions to the Commission and access its reports\n\n**Why it matters:**\n\nThis puts climate targets into law rather than just policy, making them harder to abandon. It creates transparency through independent oversight and forces the government to publicly justify its climate decisions. The \"net zero by 2050\" target aligns NSW with the Paris Agreement, but the legislation goes further by embedding social and economic justice into the transition."}},"importantCases":[],"_links":{"self":"/api/acts/climate-change-net-zero-future-act-2023","history":"/api/acts/climate-change-net-zero-future-act-2023/history","analysis":"/api/acts/climate-change-net-zero-future-act-2023/analysis","conflicts":"/api/acts/climate-change-net-zero-future-act-2023/conflicts","importantCases":"/api/acts/climate-change-net-zero-future-act-2023/important-cases","documents":"/api/acts/climate-change-net-zero-future-act-2023/documents"}}