1Climate Change and Greenhouse Emissions Reduction Act 2007

South Australia Climate Change and Greenhouse Emissions Reduction Act 2007 An Act to provide for measures to address climate change with a view to assisting to achieve a sustainable future for the State; to set targets to achieve a reduction in greenhouse gas emissions within the State; to promote the use of renewable sources of energy; to promote business and community understanding about issues surrounding climate change; to facilitate the early development of policies and programs to address climate change; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Objects of Act 4 Interpretation Part 2—Targets 5 Targets Part 3—Administration Division 1—The Minister 6 Functions of Minister 7 Two-yearly reports 8 Power of delegation Division 2—Premier's Climate Change Council 9 Premier's Climate Change Council 10 Conditions of membership 11 Functions of Council 12 Procedure at meetings 13 Annual report Part 4—Policies, plans, programs and other initiatives 14 Policies and plans 14A Climate change risk assessment for the State 14B Plans prepared by public sector agencies 15 Voluntary offset programs 16 Sector agreements Part 5—Miscellaneous 17 Protection of information 18 False or misleading information 18A Status and effect of policies and plans 19 Conflicts of interest 20 Report of Department 20A Reports of public sector agencies 21 Review of Act 22 Regulations Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Climate Change and Greenhouse Emissions Reduction Act 2007. 3—Objects of Act (1) The objects of this Act are— (a) to assist in the achievement of ecologically sustainable development in the State by addressing issues associated with climate change and, in particular— (i) by setting the SA target; and (ii) by setting the following related targets: (A) the 2030 target; (B) the renewable electricity target; and (b) to promote commitment to action within the State to address climate change through— (i) the development of specific targets (as appropriate) for various sectors of the State's economy; and (ii) the development of various interim targets (including the interim targets under section 5(2a)); and (iii) the development of policies, plans and programs for the reduction of greenhouse gas emissions and for other relevant purposes; and (ba) to promote transparency in relation to the operation of this Act, including through the public reporting of information; and (c) to encourage energy efficiency and conservation; and (d) to promote research and development with respect to the development and use of technology to reduce, limit or prevent greenhouse gas emissions or to support adaptation to climate change, including by developing ways to remove greenhouse gases from the atmosphere; and (e) to encourage the commercialisation of renewable energy and of technologies that will reduce, limit or prevent greenhouse gas emissions or support adaptation to climate change; and (f) to provide recognition to bodies and persons who commit to addressing climate change by achieving reductions in greenhouse gas emissions, by increasing the use of renewable energy sources, by introducing emissions off-set programs or by adopting other relevant initiatives; and (g) to encourage and facilitate business, First Nations people and community consultation and early action with respect to issues surrounding climate change; and (h) to support measures to facilitate adaptation to circumstances that will inevitably be caused by climate change, including by supporting measures that will improve the ability of the community, species and ecosystems to deal with the effects of climate change; and (i) to provide for reporting on progress being made within the State to meet the SA target, and other specific or interim targets associated with reductions in greenhouse gas emissions, and to meet targets associated with the generation or use of renewable electricity; and (j) to promote action within South Australia that provides consistency with national and international schemes designed to address climate change, including schemes that relate to emissions trading and emissions reporting; and (k) to enhance the ability of the State to contribute to, and to respond expeditiously to, national and international developments associated with issues surrounding climate change. (2) In seeking to further the objects of this Act, the achievement of ecologically sustainable development will be guided by the following principles: (a) the use, development and protection of the environment should be managed in a way, and at a rate, that will enable people and communities to provide for their economic, social and physical well-being and for their health and safety while— (i) sustaining the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations; and (ii) safeguarding the life-supporting capacity of the environment; and (iii) avoiding, remedying or mitigating adverse effects of activities on the environment; (b) proper weight should be given to both long and short term economic, environmental, social and equity considerations in deciding all matters relating to environmental protection, restoration and enhancement; (c) if there are threats of serious or irreversible damage to the environment, lack of full scientific certainty regarding climate change should not be used as a reason for postponing preventative measures; (d) recognition should be given to the importance of the agricultural industry to South Australia and it should be acknowledged that there is a fluctuation of greenhouse gas emissions in relation to the agricultural industry. 4—Interpretation In this Act, unless the contrary intention appears— 2030 target—see section 5(2)(a); Australian jurisdictions means the jurisdictions comprising— (a) the Commonwealth; or (b) each of the States or Territories; climate change adaptation means any process of adjusting to the actual or expected effects of climate change; climate change mitigation means measures or activities that relate to reducing the rate of climate change including (without limitation) by limiting, reducing or preventing greenhouse gas emissions; Department means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; emissions offset programs are programs designed to recognise or achieve a reduction in greenhouse gas emissions, or the removal of greenhouse gas emissions, taking into account any criteria prescribed by the regulations for the purposes of this definition; greenhouse gas emissions are emissions of— (a) carbon dioxide; or (b) methane; or (c) nitrous oxide; or (d) hydro fluorocarbons; or (e) perfluorocarbons; or (f) sulphur hexafluoride; or (g) any other gas brought within the ambit of this definition by the regulations; net greenhouse gas emissions means greenhouse gas emissions after— (a) determining the amount of total greenhouse gas emissions attributable to the State, including any removals of greenhouse gas emissions from the atmosphere due to activities within the State; and (b) deducting from the amount described in paragraph (a), any emissions offsets from outside of the State; net renewable electricity generation means the contribution of renewable electricity generated in South Australia after taking into account non‑renewable electricity generated in South Australia and interconnector flows over the course of a financial year; Premier's Climate Change Council—see section 9; public sector agency has the same meaning as in the Public Sector Act 2009; renewable electricity means electricity generated from renewable energy sources; renewable electricity target—see section 5(2)(b); SA target—see section 5(1); sector agreements—see section 16; statewide climate change risk assessment—see section 14A. Part 2—Targets 5—Targets (1) The principal target under this Act (the SA target) is to achieve zero net greenhouse gas emissions within the State by 31 December 2050. (2) The following are related targets under this Act: (a) to reduce net greenhouse gas emissions in the State to an amount that is at least 60% below 2005 levels by 31 December 2030 (the 2030 target); (b) to achieve 100% net renewable electricity generation in the State by 31 December 2027 (the renewable electricity target). (2a) Without limiting subsection (3)(c), the Minister must set interim targets under this Act for the reduction of net greenhouse gas emissions in this State to be achieved by— (a) 31 December 2035; and (b) 31 December 2040; and (c) 31 December 2045. (2b) The setting of an interim target under subsection (2a) must— (a) be expressed as the extent to which the amount of the State's net greenhouse gas emissions is to be reduced in relation to 2005 levels; and (b) be such that the interim target set in relation to each date constitutes a greater reduction in net greenhouse gas emissions in the State than a target set in relation to any preceding date (including the 2030 target); and (c) include an indicative interim target for the date that next follows the date in relation to which the interim target is being set. (2c) An interim target under subsection (2a) must— (a) in relation to the target to be achieved by 31 December 2035—be set on or before 31 December 2030; and (b) in relation to the target to be achieved by 31 December 2040—be set on or before 31 December 2035; and (c) in relation to the target to be achieved by 31 December 2045—be set on or before 31 December 2040. (2d) In setting an interim target under subsection (2a) the Minister must— (a) undertake such consultation as the Minister determines to be reasonable and appropriate; and (b) have regard to any relevant advice of the Premier's Climate Change Council relating to targets; and (c) consider whether zero net greenhouse gas emissions within the State can reasonably be achieved before 31 December 2050. (3) The Minister may, in connection with the operation of subsections (1), (2), (2a) and (2b) for the purposes of any other provision of this Act— (a) determine the method for calculating greenhouse gas emissions for the purposes of setting relevant 2005 levels (the baseline), and then determine a figure that represents that baseline; (b) determine the method for calculating any reduction in greenhouse gas emissions; (ba) determine the method for calculating the total amount of greenhouse gas emissions attributable to the State, removal of greenhouse gas emissions from the atmosphere and greenhouse gas emissions offsets from outside the State; (c) set sector-based targets and additional interim targets; (d) set specific baselines for particular areas of activity (as components of the overall baseline); (e) make other determinations that assist in measuring greenhouse gas emissions or renewable energy within the State. (4) The Minister must, insofar as may be relevant, in acting under subsections (2a), (2b)(c) and (3)— (a) seek to acknowledge action taken since 2005 to achieve reductions in greenhouse gas emissions; and (b) seek to obtain the advice of relevant experts; and (c) seek to take into account relevant methodologies and principles that apply within other Australian jurisdictions; and (d) seek to provide consistency with best national and international practices with respect to the setting of targets, the setting of the baseline and determining a method for calculating reductions in greenhouse gas emissions or the generation or use of renewable electricity, insofar as may be reasonably practicable and insofar as these may be relevant to this State. (5) The Minister may make a determination or set a target under subsection (3) that relates to a particular enterprise or industry, a particular sector of the State's economy, a particular sector of the South Australian community, or the community more generally. (6) The Minister may from time to time vary any determination or target under this section (including an interim target set under subsection (2a)) after taking into account new or updated methodologies or advice with respect to the calculation, assessment, measurement or reporting of greenhouse gas emissions, or any other factor considered relevant by the Minister. (7) The Minister must, as soon as practicable after— (aa) setting an interim target under subsection (2a); or (a) making a determination or setting a target under subsection (3); or (b) taking action under subsection (6), prepare a report on the matter and cause a copy of the report to be laid before both Houses of Parliament. (8) The Minister must publish any determination or target that applies under this section, which may be by, or include, publication on the Department's website. Part 3—Administration Division 1—The Minister 6—Functions of Minister (1) The functions of the Minister under this Act are— (a) to keep issues relevant to climate change under review; and (b) to promote early action to meet the SA target, or any sector-based or interim target under this Act; and (c) to develop, adopt or promote policies, plans or programs that are relevant to addressing climate change and the effects of climate change in accordance with the objects of this Act (and taking into account any specific requirements under this Act); and (d) to promote consultation with business, First Nations people and within the community about issues associated with climate change; and (e) to consider and promote business initiatives and technological advances that may assist in dealing with climate change or in reducing greenhouse gas emissions; and (f) to promote the involvement of the South Australian Government in relevant State, national or international forums about climate change; and (g) to promote the commercialisation of renewable electricity technology and to support initiatives to develop a scheme to promote the generation and use of renewable electricity within the State, including by providing incentives to encourage South Australians to feed electricity generated from renewable sources into electricity grids; and (h) to promote the commercialisation and use of technologies that will reduce, limit or prevent greenhouse gas emissions within the State; and (i) to promote research and development to promote the objects of this Act; and (j) to support initiatives to develop a national emissions trading scheme aimed at achieving greenhouse gas abatement; and (k) to support initiatives to develop systems and frameworks to provide for the removal of greenhouse gases from the atmosphere; and (l) to consider, as the Minister thinks fit, whether it is necessary or desirable to amend any legislation (including this Act), or to modify any policies or administrative practices within government in order to achieve the objects of this Act, and to make recommendations in relation to these matters; and (m) to undertake monitoring and other programs to assess the extent of climate change that may affect the State, and to collect, collate or assess information relevant to issues associated with climate change; and (n) to provide reports and to publish other information associated with climate change or initiatives or activities to address climate change, and to support public education in relation to climate change; and (o) to establish appropriate reporting frameworks across government with respect to issues relating to climate change or greenhouse gas emissions, with particular reference to the requirements of section 7 and in order to provide reports on progress being made towards targets that relate to public sector agencies; and (p) such other functions assigned to the Minister by or under this or any other Act. (2) Without limiting any other provision of this Act, the Minister should— (a) seek to promote action to develop a coherent policy framework within the State to address issues associated with climate change; and (b) seek to achieve consistency between policies, plans or programs developed or implemented under this Act and initiatives, standards, schemes or commitments at the national and international levels to address issues associated with climate change. (3) In performing functions under the Act, the Minister should seek— (a) to work collaboratively within international networks for regional governments; and (b) to work collaboratively with— (i) the Governments of other Australian jurisdictions; and (ii) the local government sector; and (iii) the Premier's Climate Change Council; and (iv) other relevant international, business, environment and community groups and organisations. 7—Two-yearly reports (1) The Minister must, on a two-yearly basis, prepare a report on the operation of this Act. (2) The report must include— (a) an assessment of the effectiveness of the initiatives that are being adopted in order to achieve the SA target; and (b) a report on any determination or target made or set under section 5 during the reporting period; and (c) an assessment of the progress being made to achieve the targets set by or under section 5; and (e) a report on any sector agreement between the Minister and any other person or entity entered into under this Act during the reporting period; and (f) a summary of— (i) the levels of greenhouse gas emissions, and of the use of renewable and non‑renewable electricity sources, within the State (as determined or estimated at the time of reporting); and (ii) the development of technologies to reduce greenhouse gas emissions or to remove greenhouse gases from the atmosphere; and (g) a report on any emissions offset programs established or recognised under this Act during the reporting period, and on progress in establishing a national emissions trading scheme; and (h) a report on any inter-governmental agreements relevant to climate change entered into by the South Australian Government during the reporting period; and (i) a report on any significant national or international commitments or agreements relevant to climate change made or entered into during the reporting periods; and (j) information on any relevant rates, trends or impacts associated with climate change, with particular reference to any identified or assessed impacts of climate change on South Australia or any expected future impacts of climate change that have emerged or become increasingly relevant during the reporting period. (2a) For the purposes of subsection (2)(f)(i), information on the levels of greenhouse gas emissions must include— (a) the level of net greenhouse gas emissions within the State; and (b) the total amount of greenhouse gas emissions attributable to the State, without taking account of any removals of greenhouse gas emissions from the atmosphere due to activities within the State, or any emissions offsets from outside the State. (2b) For the purposes of a report under this section, without limiting the manner in which levels of greenhouse gas emissions or renewable electricity generation or use may be expressed, the report must, in providing information in relation to those matters, where relevant, express the information using an appropriate unit of measurement (and not just express the relevant information by reference to a percentage). (3) The Minister must cause a copy of the report to be laid before both Houses of Parliament within 6 sitting days after the report is prepared. (4) The first report under this section must be completed and tabled in Parliament by the end of 2009. (5) The first report under this section, and thereafter every alternate report, must incorporate a report from— (a) the CSIRO; or (b) if the CSIRO is unwilling or unable to provide a report—an independent entity designated by the Minister by notice in the Gazette, that assesses the extent to which any determination or target made or set under section 5 is being achieved and, if it appears relevant, should be revised. (6) In this section— CSIRO means the Commonwealth Scientific and Industrial Research Organisation. 8—Power of delegation (1) The Minister may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this or any other Act. (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the Minister to act in any matter; and (d) is revocable at will. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. Division 2—Premier's Climate Change Council 9—Premier's Climate Change Council (1) The Premier's Climate Change Council is established. (2) The Council will consist of at least 7 and not more than 10 members appointed by the Minister with a view to obtaining a reasonable range of persons from across the following sectors and a balance of expertise that is relevant to addressing or adapting to climate change: (a) the State Government; (b) the local government sector; (c) the business community; (d) the environment and conservation sector; (e) the scientific community; (f) other sectors of the State's community more generally. (3) The Minister should seek to appoint persons who can demonstrate— (a) a commitment to action to address climate change; and (b) an understanding of the issues and impacts associated with climate change. (3a) In making an appointment under this section (being an appointment required to fill a vacancy in the office of a member of the Council that occurs after the commencement of this subsection), the Minister must have regard to the desirability of including, within the expertise of the Council's membership, a person or persons who have an understanding of— (a) the calculation, assessment, measurement or reporting of greenhouse gas emissions; and (b) science related to climate change. (4) The Minister should consult with the Local Government Association of South Australia before making an appointment for the purposes of subsection (2)(b). (5) The Minister should consult with the Conservation Council of South Australia before making an appointment for the purposes of subsection (2)(d). (6) At least 1 member of the Council must be a woman and at least 1 member must be a man. 10—Conditions of membership (1) A member of the Council will be appointed on conditions determined by the Minister for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of office, is eligible for reappointment. (2) The Minister may remove a member of the Council from office— (a) for breach of, or non-compliance with, a condition of appointment; or (b) for failing to carry out duties of office satisfactorily; or (c) for neglect of duty; or (d) for misconduct. (3) The office of a member of the Council becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) is removed from office under subsection (2). (4) A member of the Council is entitled to fees, allowances and expenses determined by the Minister (subject to the qualification that a person appointed for the purposes of subsection (2)(a) will not be entitled to receive a sitting fee). 11—Functions of Council (1) The primary function of the Council is to provide independent advice to the Minister about matters associated with reducing greenhouse gas emissions and adapting to climate change, including by achieving energy efficiencies, increasing the generation and use of renewable energy, developing methods to remove greenhouse gases from the atmosphere, and establishing and achieving relevant targets. (2) The Council has other functions conferred by the Minister. (3) In the performance of its functions, the Council should seek— (a) to provide advice to the Minister on— (i) the impact of climate change on business and the wider community, and the development or implementation of policies or programs relevant to addressing climate change, including by the initiation of specific projects and plans; and (ii) the impact of the operation and implementation of this Act on business and the wider community and, as appropriate, any amendments to relevant legislation (including this Act) that, in the opinion of the Council, should be considered or promoted by the Minister; and (iii) costs associated with climate change mitigation, climate change adaptation or mitigating the effects of climate change or greenhouse gas emissions; and (iv) costs associated with failing to take action to address climate change; and (v) commercial or other opportunities associated with climate change, climate change mitigation or climate change adaptation, with mitigating the effects of climate change or greenhouse gas emissions or with increasing the use of renewable energy sources; and (vi) the effectiveness of any determination or target under section 5, and the need to revise any such determination or target; and (vii) any other matter on which the Minister requests the advice of the Council; and (b) to take a leadership role in consulting with business, the environment and conservation movement and the wider community about issues associated with climate change and to assist in disseminating information to business and other groups in order to encourage the implementation of practices that will assist in addressing climate change or adapting to the effects of climate change. (4) The following requirements apply in connection with the operation of paragraph (a) of subsection (3): (a) any advice to the Minister under that paragraph must be provided or confirmed by the Council by instrument in writing; (b) the Minister must, within 6 sitting days after the end of each quarter, cause a copy of any instrument received under paragraph (a) of this subsection during the quarter to be laid before both Houses of Parliament; (c) the Minister must ensure that any instrument tabled under paragraph (b) is accompanied by a statement from the Minister in which the Minister sets out the extent to which the Minister has acted on the relevant advice, or intends to act on the relevant advice and, to the extent that it is not accepted, the reasons why not. 12—Procedure at meetings (1) A member appointed by the Minister as the presiding member of the Council will preside at a meeting of the Council or, in the absence of that member, a member chosen by those present will preside. (2) A majority of the members of the Council constitute a quorum of the Council. (3) Subject to any direction of the Minister, the Council may determine its own procedures. 13—Annual report (1) The Council must, on or before 31 October in each year, provide to the Minister a report on its activities for the financial year ending on the preceding 30 June. (2) The Minister must cause a copy of the report to be laid before both Houses of Parliament within 6 sitting days after the report is provided to the Minister. Part 4—Policies, plans, programs and other initiatives 14—Policies and plans (1) The Minister should seek to develop, as the Minister thinks fit— (a) policies or plans that will assist in— (i) climate change mitigation to reduce the rate of climate change including to reduce, limit or prevent greenhouse gas emissions, or to mitigate the effects of climate change or greenhouse gas emissions; and (ii) promoting or implementing measures to facilitate adaptation to circumstances that will inevitably be caused by climate change; and (iii) outlining how public sector agencies should (as, or to the extent, specified in the policy) consider and manage climate related risks in relation to their operations and activities; and (b) without limiting paragraph (a), policies that seek to adopt, promote or encourage opportunities or innovations that will further develop or support action within industry or other sectors of the State's economy, and within the community more generally, to increase the generation or use of renewable energy, including by the development of an industry plan for the State's renewable energy technologies industry; and (c) policies that otherwise seek to secure the objects of this Act. (1a) The Minister must develop a plan for the reduction of greenhouse gas emissions for the State (a statewide emissions reduction plan) within 2 years of the commencement of this subsection. (1b) The statewide emissions reduction plan must set out— (a) the Government's objectives for the reduction of greenhouse gas emissions for the State; and (b) the Government's policies, programs and other initiatives for reducing, limiting or preventing greenhouse gas emissions, and may— (c) refer to, or incorporate, wholly or partially and with or without modification, any other policy or plan that relates to the reduction of greenhouse gas emissions for the State; and (d) include any other matters the Minister thinks fit. (1c) The Minister must review the statewide emissions reduction plan such that— (a) the first review is to be undertaken to coincide, insofar as is reasonably practicable, with the setting of the first interim target for the purposes of section 5(2a)(a); and (b) further reviews are to be undertaken at least every 5 years following the first review, to coincide, insofar as is reasonably practicable, with the setting of each subsequent interim target under section 5(2a). (1d) In preparing, or conducting a review of, the statewide emissions reduction plan, the Minister must undertake such consultation as the Minister considers appropriate. (1e) The Minister may vary the statewide emissions reduction plan following a review under subsection (1c), or at any other time, as the Minister thinks fit. (2) The Minister must, in acting under this section— (a) seek to achieve consistency with policies adopted by the Government to promote sustainability within the State; and (b) develop a policy or policies that demonstrate the Government's leadership in dealing with climate change through the management and reduction of its own greenhouse gas emissions, which may include consideration of a greenhouse gas emissions reduction target or targets, and through the development of related reporting mechanisms, in a manner that is consistent with the objects of this Act; and (c) seek to have regard to the most up-to-date science and research with respect to climate change rates, trends or impacts, and State, national and international developments with respect to climate change technologies and industry best practice; and (d) seek to apply up-to-date practices and methodologies in calculating greenhouse gas emissions, and the generation or use of renewable energy, taking into account national and international developments; and (e) take into account the requirements of any relevant legislation (whether at the State or national level); and (f) seek to take into account the statewide climate change risk assessment and any other relevant frameworks, policies, programs and initiatives. (3) Subject to this section, the Minister may vary a policy or plan under this section at any time. (4) The Minister must publish any policy or plan developed under this section (including any policy or plan as varied), which may be by, or include, publication on the Department's website. (5) The Minister must, in association with the operation of subsection (4) insofar as it relates to the publication of a policy, give notice of the introduction or adoption of the policy (and any variation of the policy) by notice in the Gazette. 14A—Climate change risk assessment for the State (1) The Minister must, within 2 years of the commencement of this section, prepare a climate change risk assessment for the State (the statewide climate change risk assessment) to support planning by the State Government, local government, various sectors of the State's economy and the community, and the community more generally, to manage climate related risk. (2) The statewide climate change risk assessment— (a) must include an assessment of the economic, social and environmental implications of climate change, and the associated risks to economic activity, communities, natural environments and ecosystems, and the health and well‑being of the people of the State; and (b) without limiting any other matters that may be taken into consideration, should be prepared having regard to— (i) the impacts of climate change on biodiversity; and (ii) the impacts of climate change on water management; and (iii) measures mitigating the effects of climate change, including measures to progress towards a circular economy; and (iv) the impacts of the transition to lower greenhouse gas emissions; and (c) may include or take account of any other matters that the Minister considers relevant. (3) The Minister must conduct a review of the statewide climate change risk assessment at least once in every 5 years. (4) In preparing, or conducting a review of, the statewide climate change risk assessment, the Minister must— (a) insofar as is reasonably practicable, seek to take into account the most up‑to‑date and best available information on projected impacts of climate change in the State; and (b) undertake such consultation as the Minister considers appropriate. (5) The Minister may vary the statewide climate change risk assessment, following a review under subsection (3), or at any other time, as the Minister thinks fit. (6) The Minister must ensure that an up‑to‑date copy of the statewide climate change risk assessment is made reasonably available to the public, which may be by, or include, publication on the Department's website. 14B—Plans prepared by public sector agencies (1) The Premier may, by notice in writing to a public sector agency, nominate the agency to prepare a plan with respect to the agency or a specified sector or sectors (or both) for the purpose of addressing either or both of the following: (a) matters relating to climate change mitigation; (b) matters relating to climate change adaptation. (2) A nomination under subsection (1) may— (a) if the Premier considers it appropriate, having regard to the areas of responsibilities and operations of a public sector agency, nominate 1 or more public sector agencies to prepare a joint plan; and (b) specify the scope and application of the plan (including, in relation to a plan with respect to a sector or sectors, by identifying the sector or sectors to which it is to apply); and (c) be varied or revoked by the Premier at any time by further notice in writing to the public sector agency. (3) Subject to this section, a public sector agency that is the subject of a nomination of the Premier under subsection (1) must prepare a plan in accordance with the nomination and any guidelines developed by the Minister under subsection (9). (4) A plan for a public sector agency or a sector prepared pursuant to a nomination of the Premier under subsection (1)— (a) should, insofar as is reasonably practicable, provide for policies, programs and other initiatives that are relevant to the functions, activities or areas of responsibility, operations or interests of the agency or sector; and (b) must be developed having regard to— (i) the climate related risks that may be relevant to the agency or sector (including any risks identified in the statewide climate change risk assessment); and (ii) the targets set by or under this Act; and (iii) any other relevant plans that relate to the agency or sector under this section; and (iv) any relevant sector agreements under this Act; and (v) the plans and policies prepared by the Minister under this Act; and (c) may be varied by the public sector agency or agencies that prepared the plan, in accordance with any guidelines developed by the Minister under subsection (9). (5) A public sector agency that is the subject of a nomination of the Premier under subsection (1) must— (a) in preparing or varying a plan prepared by the agency, undertake such consultation as the agency considers appropriate after taking into account any guidelines developed by the Minister under subsection (9) that relate to consultation; and (b) ensure that an up‑to‑date copy of the plan is made reasonably available to the public, which may be by, or include, publication on the agency's website; and (c) prepare a report on the implementation of the plan on an annual basis in accordance with any guidelines developed by the Minister under subsection (9). (6) A public sector agency that is not the subject of a nomination of the Premier under subsection (1) may, after consultation with the Minister, prepare a plan, or prepare a plan jointly with 1 or more other public sector agencies, with respect to the agency (or agencies) or a particular sector or sectors, for the purpose of addressing either or both of the following: (a) matters relating to climate change mitigation; (b) matters relating to climate change adaptation. (7) A plan referred to in subsection (6)— (a) may, insofar as is reasonably practicable, provide for policies, programs and other initiatives that are relevant to the functions, activities or areas of responsibility, operations or interests of the agency or sector; and (b) must be prepared in accordance with any guidelines developed by the Minister under subsection (9); and (c) may, after consultation with the Minister, be varied or revoked at any time by the public sector agency or agencies that prepared the plan, in accordance with any guidelines developed by the Minister under subsection (9). (8) In preparing or varying a plan referred to in subsection (6), the public sector agency must undertake such consultation as the agency considers appropriate after taking into account any relevant guidelines developed by the Minister under subsection (9) that relate to consultation. (9) The Minister— (a) may develop guidelines in connection with the preparation, content, variation and operation of a plan under this section, including, without limitation, guidelines that relate to consultation and reporting requirements; and (b) may vary or revoke any such guidelines at any time; and (c) must ensure that an up‑to‑date copy of any guidelines is published on the Department's website. (10) For the purposes of this section, a reference to a sector is to be taken to refer to a sector of the State's economy or another related group or area of activity. 15—Voluntary offset programs (1) The Minister may take steps for the purpose of recognising, promoting or facilitating emissions offset programs initiated on a voluntary basis. (2) Without limiting any program established under subsection (1), the regulations may make provision to support emissions offset programs, including— (a) by providing methods to identify or determining the types and extent of offsets that may form part of emissions offset programs recognised for the purposes of this Act; and (b) by establishing a scheme for the registration of emissions offset programs; and (c) by establishing criteria that allow for the recognition of emissions offset programs that deliver a number of benefits (such as the removal of greenhouse gases from the atmosphere, biodiversity enhancement and economic development). (3) The Minister must, in conjunction with the operation of subsections (1) and (2), take into account the desirability of ensuring that emissions offset programs recognised in this State can also be recognised for the purposes of national and international programs in order to promote the tradeability of products and services. 16—Sector agreements (1) The Minister may enter into agreements (sector agreements) with a particular person or entity or industry or business group on a voluntary basis for the purpose of recognising, promoting or facilitating strategies to meet any target set under this Act or that relate to climate change mitigation or climate change adaptation. (2) A sector agreement may provide for such matters as— (a) objectives for a particular enterprise or industry, or a particular sector of the State's economy, with respect to climate change mitigation, climate change adaptation or mitigating the effects of climate change or greenhouse gas emissions; (b) strategies to achieve any objectives, including strategies to achieve a reduction in energy use, to maximise efficiencies in the use of energy or to promote the use of renewable energy; (c) strategies to promote or support research and development, and innovation in technologies or practices, to reduce greenhouse gas emissions or to adapt to climate change; (d) methods to measure or acknowledge successes in meeting any targets. (3) A sector agreement recognised under this section must— (a) be consistent with the objects of this Act; and (b) include specific requirements for reviewing, and reporting on, the operation of the agreement (with particular reference to providing information for the purposes of section 7). (6) The Minister must establish and maintain— (a) a register of sector agreements; and (b) a scheme to provide for the inspection and independent assessment of sector agreements (subject to the operation of section 17). (7) A register of sector agreements under subsection (6)(a) must be kept available for public inspection, without fee, on the Department's website. Part 5—Miscellaneous 17—Protection of information (1) A person must not disclose or use prescribed information gained by a person through involvement in the administration of this Act unless the person does so— (a) when necessary for the purposes of this Act; or (b) when expressly authorised, in writing, by the person to whom the information relates; or (c) when required to do so by a court or tribunal constituted by law; or (d) when authorised or required under the regulations. Maximum penalty: $50 000. (2) This section does not apply to the recording, disclosure or use of information in a statistical or other form that could not reasonably be expected to cause any material detriment to a particular person. (3) In this section— prescribed information means— (a) information that is commercial, financial, scientific or technical in nature that would reveal proprietary business, competitive or trade secret information of significant value if released; or (b) information that is commercially sensitive for some other reason; or (c) information that is brought within the ambit of this definition by the regulations. 18—False or misleading information A person who furnishes information to the Minister or another authority under this Act that is false or misleading in a material particular is guilty of an offence. Maximum penalty: $10 000. 18A—Status and effect of policies and plans (1) A policy or plan under this Act is an expression of policy and does not affect rights and liabilities (whether of a substantive, procedural or other nature). (2) No action may be brought on the basis that an entity has acted in a way that is inconsistent with a policy or a plan under this Act. (3) No action may be brought on the basis that another instrument is inconsistent with a policy or plan under this Act. 19—Conflicts of interest (1) In this section— Council means the Premier's Climate Change Council. (2) A member of the Council who has a direct or indirect personal or pecuniary interest in a matter decided or under consideration by the Council— (a) must, as soon as reasonably practicable, disclose in writing to the Council full and accurate details of the interest; and (b) must not take part in any discussion by the Council relating to that matter; and (c) must not vote in relation to that matter; and (d) must be absent from the meeting room when any such discussion or voting is taking place. Maximum penalty: $15 000. (3) If a member of the Council has or acquires a personal or pecuniary interest, or is or becomes the holder of an office, such that it is reasonably foreseeable that a conflict might arise with his or her duties as a member of the Council, the member must, as soon as reasonably practicable, disclose in writing to the Council full and accurate details of the interest or office. Maximum penalty: $15 000. (4) A disclosure under this section must be recorded in the minutes of the Council and reported to the Minister. (5) If, in the opinion of the Minister, a particular interest or office of a member of the Council is of such significance that the holding of the interest or office is not consistent with the proper discharge of the duties of the member, the Minister may require the member either to divest himself or herself of the interest or office or to resign from the Council (and non-compliance with the requirement constitutes a ground for removal of the member from the Council). (6) This section does not apply in relation to a matter in which a member of the Council has an interest while the member remains unaware that he or she has an interest in the matter, but in any proceedings against the member the burden with lie on the member to prove that he or she was not, at the material time, aware of his or her interest. (7) This section does not apply in relation to an interest that arises by virtue only of the fact that a member of the Council has an interest in a particular sector of the State's economy or community more generally. 20—Report of Department (1) The annual report of the Minister's department must include a report on work undertaken within the department in relation to the development of climate change policy and related initiatives. (2) The Chief Executive of the Minister's department must consult with the Premier's Climate Change Council in connection with the preparation of the report required under subsection (1). 20A—Reports of public sector agencies (1) An annual report that is required to be prepared by a public sector agency (including the Department) must, to the extent that it is relevant to the operations or activities of the agency, include a report on the manner in which the agency is addressing matters relating to climate related risks and the reduction of greenhouse gas emissions. (2) In preparing a report under this section, a public sector agency must have regard to any guidelines developed by the Minister under subsection (3). (3) The Minister— (a) may develop guidelines in connection with the reporting requirements of public sector agencies under this section including in relation to the reporting of the level of greenhouse gas emissions resulting from the operations or activities of the agency; and (b) may vary or revoke any such guidelines at any time; and (c) must ensure that an up‑to‑date copy of any guidelines is published on the Department's website. (4) The requirements of this section do not apply to, or in respect of, an annual report of a public sector agency that is required to be prepared in relation to the financial year in which this section comes into operation. 21—Review of Act (1) The Minister must cause a review of this Act and its operation to be conducted on a four-yearly basis. (2) The review must include a specific report on— (a) the extent to which the objects of this Act are being achieved; and (ab) insofar as is reasonably practicable, the extent to which measures adopted by the State Government to facilitate climate change adaptation have been implemented; and (b) the extent to which additional legislative measures (if any) are considered necessary to achieve the targets set by this Act within the periods contemplated by this Act, including by the introduction of performance standards and other mandatory requirements; and (c) other matters determined by the Minister to be relevant to a review of this Act. (3) The Minister must take reasonable steps to ensure that, in the conduct of the review, there is consultation with— (a) the Premier's Climate Change Council; and (b) other relevant business, environment and community groups and organisations. (4) The outcome of the review must be embodied in a written report. (5) The Minister must cause a copy of the report to be laid before both Houses of Parliament within 6 sitting days after the report is presented to the Minister. (6) Subsection (1) operates subject to the qualification that the first review must be completed by the end of 2009. 22—Regulations (1) The Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), the regulations may— (a) require the provision of reports, returns, documents and other forms of information to the Minister or any other prescribed person or body; (b) require the keeping of records, statistics and any other information by any person or body; (c) authorise the Minister (or any person authorised by the Minister) to inspect any information required to be kept under the regulations and require any person to permit or facilitate any such inspection; (d) require the giving of notice before any prescribed class of activity is commenced, and the notification of the occurrence of any prescribed class of event; (e) provide for a scheme under which the Minister may set targets, including interim targets, for the State Government, and specific targets for specific public sector agencies, to reduce greenhouse gas emissions from their activities within the State that are at least equivalent to the SA target; (f) provide for the service of any notice or document; (g) regulate the release or publication of information of a specified kind obtained in the administration of this Act; (h) prescribe fines, not exceeding $10 000, for contravention of a regulation. (3) Regulations under this Act— (a) may be of general application or limited application; (b) may make different provision according to the matters or circumstances to which they are expressed to apply; (c) may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or any other person or body prescribed by the regulations. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 2007 22 Climate Change and Greenhouse Emissions Reduction Act 2007 28.6.2007 3.7.2007 (Gazette 2.7.2007 p2928) 2025 11 Climate Change and Greenhouse Emissions Reduction (Miscellaneous) Amendment Act 2025 27.3.2025 27.3.2025 Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 2