Pakistan Climate Change Act, 2017

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THE PAKISTAN CLIMATE CHANGE ACT, 2017 
 
 
 
CONTENTS 
 
CHAPTER I 
PRELIMINARY 
1.                    Short title, extent and commencement. 
2.                    Definitions. 
CHAPTER II 
PAKISTAN CLIMATE CHANGE COUNCIL 
3.                    Establishment of the Pakistan Climate Change Council. 
4.                    Functions and powers of the Council. 
CHAPTER III 
PAKISTAN CLIMATE CHANGE AUTHORITY 
5.                    Establishment of the Pakistan Climate Change Authority. 
6.                    Composition of the Authority. 
7.                    Officers and staff of the Authority. 
8.                    Functions of the Authority. 
9.                    Annual report. 
10.                  Powers of the Authority. 
11.                   Functions and powers of the Chairperson. 

 
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CHAPTER IV 
PAKISTAN CLIMATE CHANGE FUND 
12.                  Pakistan Climate Change Fund. 
13.                  Management of the Fund. 
CHAPTER V 
MISCELLANEOUS 
14.                  Indemnity. 
15.                  Dues recoverable as arrears of land revenue. 
16.                  Act to override other laws. 
17.                  Power to make rules. 
18.                  Power to amend the Schedule. 
19.                  Power to make regulations. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE PAKISTAN CLIMATE CHANGE ACT, 2017 
 
ACT NO. X OF 2017 
 [29th March, 2017] 
 
An Act to meet Pakistan's obligations under international conventions relating to climate 
change and address the effects of climate change. 
 
WHEREAS it is expedient to meet Pakistan's obligations under international conventions 
relating to climate change and to provide for adoption of comprehensive adaptation and mitigation 
policies, pl ans, programmes, projects and other measure required to address the effects of climate 
change and for matters connected therewith and ancillary thereto; 
 
It is hereby enacted as follows:— 
 
CHAPTER I 
 
PRELIMINARY 
 
1. Short title, extent  and  commencement.—(1)  This Act may be called the Pakistan Climate 
Change Act, 2017. 
 
(2) It extends to the whole of Pakistan. 
 
(3) It shall come into force at once. 
 
2. Definitions. In this Act, unless there is anything repugnant in the subject or context,— 
 
(a) "adaptation" means adjustment in natural or human systems in response to actual 
or expected climatic stimuli or their effects which moderates ha rm or exploits 
beneficial opportunities; 
 
(b) "Authority" means the Pakistan Climate Change Authority established un der 
section 5; 
 
(c) "Council" means the Pakistan Climate Change Council established under section 
3; 
 
(d) "climate change" means a change in the climate system which is caused by 
significant changes in the concentration of greenhouse gases as a direct or indirect 
consequence of human  activities  and  which  is  in  addition  to  natural  climate  
change  that  has  been observed during a considerable period; 
 
(e) "emissions", in relation to a greenhouse gas, means emissions of that gas into  the 
atmosphere caused by human activity; 
 
(f) "Fund" means the Pakistan Climate Change Fund established under section 12; 
 
(g) "Government" means the Federal Government; 
 
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(h) "greenhouse gas" means any gas that contributes to the greenhouse effect   by 
absorbing infrared radiation produced by solar warming of the earth's surface and 
includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, 
perfluorocarbons, sulphur hexafluoride, nitrogen trifluoride and any other direct  
or indirect  greenhouse gas as recognized by UNFCCC and IPCC fr om time to 
time; 
 
(i) "mitigation" means efforts that seek to prevent or slow down the increase of 
atmospheric greenhouse gas concentrations by reducing current or future 
emissions and enhancing potential sinks for greenhouse gases; 
 
(j) "prescribed" means prescribed by rules or regulations made under this Act; . 
 
(k) "regulations" means regulations made under this Act; 
 
(l) "rules" means rules made under this Act; 
 
(m) "Schedule" means a schedule to this Act; and 
 
(n) "Tribunal" means the Environmental Tribunal set up under the Pakistan      
Environmental Protection Act, 1997 (Act No. X)(XIV of 1997) or the provincial 
environmental protection laws. 
 
 (2) The expressions and words used but not defined in this Act shall h ave the same meaning 
as in the Pakistan Environmental Protection Act, 1997 (Act No. XXXIV of 1997). 
 
CHAPTER II 
 
PAKISTAN CLIMATE CHANGE COUNCIL 
 
3. Establishment of the Pakistan Climate  Change  Council.—(1) The Prime Minister shall, 
by notification in the official Gazette, establish a Council to be known as the Pakistan Climate Change 
Council consisting of a Chairperson who shall be the Prime Minister or such other person as the Prime 
Minister may nominate in this behalf and the following members, namely:— 
 
a) Federal Ministers of the Divisions allocated with the subjects of climate change, 
finance, agriculture, food security and research, planning, development and reform, 
petroleum and natural resources, science ' and technology, water and power and  
foreign affair; 
 
b) Chief Ministers of the Provinces; 
 
c) Ministers­in­charge  of  the  department  allocated  with  subject  of  environment  in  
the Provinces; 
 
d) such other person not exceeding thirty as the Prime Minister may appoint, of which 
at least twenty shall be non­officials, including representatives of the Chambers of 
Commerce and Industry, non­governmental organizations concerned with climate 
 
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change, the  environment and development and scientists, researchers, technical 
experts and educationists; 
 
e) Chairman,  National  Disaster  Management  Authority  established  under  the  
National Disaster Management Act, 2010 (XXIV of 2010); 
 
f) Chairman, Pakistan Climate Change Authority; and 
 
g) Secretary of the Division allocated with the subject of climate change, who shall  also 
be the Secretary of the Council. 
 
 (2)  The Council may invite the Prime Minister, Azad Jammu and Kashmir and Chief Minister, 
Gilgit­Baltistan to participate in the meetings of the Council as and when required. 
 
 (3)  The Division allocated with the subject of climate change shall act as Secretariat of the 
Council. 
 
 (4)  Members of the Council, other than ex­officio members, shall be appointed in accordance 
with the prescribed procedure and shall hold office for a term of three years. 
 
 (5)  The Council shall hold meetings as and when necessary, but not less than two meetings 
shall be held in a year. 
 
 (6) The Council May constitute committees of its members and entrust them with such 
functions as it may deem fit and the recommendations of the committees shall be submitted to the 
Council for approval. 
 
 (7) The Council or any of its committees may, for assistance in performance of its functions, 
invite  any  technical expert  or  representative  of  any  Government  Agency  or  non­governmental 
organization or other person possessing specialized knowledge of any subject. 
 
4. Functions and powers of the Council.­(1) The Council shall— 
 
(a) co­ordinate and supervise enforcement of the provisions of this Act; 
 
(b) monitor implementation of international agreements relating to climate change 
specified in the Schedule; 
 
(c) coordinate, supervise and guide mainstreaming of  climate change concerns into 
decision­ making by Federal and Provincial Government's ministries, divisions, 
departments and agencies so as to create enabling conditions for integrated 
climate­compatible and climate­resilient development processes in vario us 
sectors of the economy; 
 
(d) approve and monitor implementation of comprebensive adaptation and mitigation 
policies, strategies, plans, programmes, projects and other measures formulated 
by the Authority to meet Pakistan's obligations under international co nventions 
and agreements relating to climate change including in particular the Sustainable 
Development Goals (SDGs); 
 
 
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(e) monitor implementation of the National Adaptation Plan and its constituent 
provincial and local adaptation action plans, the National Appropriate Mitigation 
Action Framework and National Communication submitted to the concerned 
Secretariat of the United Na tions Framework Convention on Climate Change 
(UNFCCC); 
 
(f) approve guidelines for the protection and conservation of renewable and 
non­renewable resources, species, habitats; and biodiversity in general adversely 
affected or threatened by climate change; and 
 
 
(g) consider the National Climate Change Report and give appropriate directions 
thereon. 
 
 (2)  The Council may, either itself or on the request of any person or organization, direct the 
Authority or any Government Agency to prepare, submit, promote or implement projects for 
adaptation or mitigation of the adverse effects of climate change, to promot e climate­compatible, 
climate­resilient and sustainable development or to undertake research in any aspect of climate change. 
 
 
CHAPTER III 
 
PAKISTAN CLIMATE CHANGE AUTHORITY 
 
5.   Establishment of the Pakistan Climate  Change  Authority.—(1) The Minister­in­charge 
of the Federal Government shall, by notification in the official Gazette, establish the Pakistan Climate 
Change Authority, hereinafter referred to as the Authority, to exercise the powers and perform the 
functions assigned to it under this Act and the rules and regulations made thereunder. 
 
 (2)  The Authority shall be a body corporate with perpetual succession and a common seal and 
shall, in the said name, be capable of— 
 
(a) suing and being sued; 
 (b)   acquiring or disposing of moveable and immovable property; 
 (c)  borrowing money; 
 (d)  entering into contracts; and 
 (e)  doing or performing all other things or acts necessary for the proper. discharge of 
its functions under this Act. 
 (3)  The headquarters of the Authority shall be in Islama bad and the Authority may establish 
offices at other places as and when required. 
 
6.  Composition  of the Authority .—(1) The Authority shall comprise the Chairperson, 
Member (Adaptation), Member (Mitigation), Member (Climate Finance), Member (Coordination) and 
one Member from each province to be nominated by the respective Provincial Ministers­in­charge. 
 
 
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 (2)  The members including Chairperson of the Authority shall be appointed by the Prime 
Minister on  such  terms  and  conditions  as  he  may  deem  fit,  keeping in  view  their  qualifications 
and experience. 
 
 (3)  The Chairperson and members shall be scientists, academicians, professionals, serving or 
retired government servants, industrialists, agriculturists or other technocrats with at least fifteen year's 
experience in fields related to climate change and the environment, with a distinguished service record. 
 
 (4)  If the office of the Chairperson falls vacant for any reason, the senior­most member shall 
act as Chairperson till such time as his successor is appointed. 
 
 (5)  The Authority shall be properly constituted notwithstanding a vacancy in the office of the 
Chairperson or any member. 
 
 (6)  The  Authority may, for assistance in performance of its functions, invite a representative 
of any Government Agency or non­governmental organization or technical expert  or other person 
possessing specialized knowledge of any subject. 
 
7. Officers  and  staff  of the  Authority.—(1)  All  professional,  technical  and  administrative 
officers and staff of the Authority shall be appointed by the Authority, or obtained from other Federal 
or Provincial Government agencies  on deputation basis, and shall be entitled to such salaries, 
allowances and other terms and conditions of service as may be prescribed by regulations. 
 
 (2) The Authority shall ensure that all appointments are made in a transparent manner and 
adequate and equal treatment is given to women, minorities and disabled persons. 
 
 (3) The officers and staff of the Authority shall have such powers and  shall perform such 
functions as may be assigned to them by the Chairperson. 
 
 (4) The officers and staff of the Authority, shall act in accordance with the mandate assigned 
and the directives given by the Chairperson. 
 
8. Functions of the Authority.—(1) Functions of the Authority shall be to 
 
(a) formulate, comprehensive adaptation and mitigation policies, plans, programmes, 
projects and measures designed to address the effects of climate change and meet 
Pakistan's obligations under international conventions and agreements relating to 
climate change and within the framework of a nationa l climate change policy as 
may be approved by the Federal Government from time to time; 
 
(b) establish institutional and policy mechanisms for implementation of Federal and 
provincial adaptation and mitigation policies, plans, programmes, projects and 
measures, including plans for rehewable energy and clean technology measures 
for energy efficiency and energy conservation and awareness­raising and 
capacity­building programmes; 
 
 
(c) prepare suitable, adaptation and mitigation projects for submission to 
international and lodal  institutions  for  funding,  including the  Clean  
 
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Development  Mechanism,  Global Environmental Facility, Green Climate Fund 
and Adaptation Fund; 
 
(d) prepare the National Adaptation Plan and its constituent provincial and local 
adaptation action plans, the Nationally Appropriate Mitigation Action Framework 
and the Intended Nationally Determined Contributions, Nationally Determined 
Contributions and National Communication to  be   submitted to  the  concerned 
Secretariat  of  the United Nations Framework Convention on Climate Change 
and monitor implementation thereof; 
 
 
(e) carry out Technology Needs Assessment and prepare Climate Change 
Technology Action Plan in accordance with inter national best practices for 
seeking technical and financial support, amongst others, through the Technology 
Mechanism; 
 
(f) prepare projects for funding under the Reducing. Emissions from Deforestation 
and Forest Degradation (REDD+) Mechanism; 
 
(g) prepare the National Climate Change Report for consideration of the Council; 
 
(h) formulate, and after approval of the Council, coordinate implementation of low 
carbon and green growth strategies; 
 
(i) formulate guidelines for the protection and conservation of renewable and 
non­renewable resources, species, habitats, and biodiversity in general which are 
adversely affected or threatened by climate change; 
 
(j) advise  the  Government  regarding appropriate  legislative,  policy  and  
implementation measures and actions relating t o disaster preparedness, capacity 
building, institutional strengthening and awareness raising in relevant sectors 
affected by climate change; 
 
(k) advise the Government regarding implementation of international conventions, 
treaties and agreements on climate change and the environment to which Pakistan 
is a party and fulfill reporting requirements thereunder; 
 
(l) design, establish  and  maintain  a  national  registry  and  database  on  greenhouse  
gas emissions in accordance with internationally adopted emissions quantification 
methodologies, standards and protocols; 
 
(m) coordinate and monitor implementation of goals and objectives and fulfill 
reporting and verification obligations under international conventions, treaties 
and agreements; 
 
(n) prepare policy papers and concept notes and provide technical input for 
formulating national policy positions for international conferences or 
negotiations; 
 
 
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(o) coordinate  conduct  of  research  on  current  and  emerging issues  of  climate  
change, particularly assessment of Pakist an's vulnerability to climate change, 
identification of climate  change  opportunities and technology transfer, in 
association with specialized research institutions and disseminate research 
findings and outputs to stakeholders; 
 
(p) undertake education and aw areness campaigns and programs to enhance 
understanding and awareness of different aspects of climate change and promote 
their integration in educational curricula; 
 
(q) work in collaboration with relevant Government Agencies and non-governmental 
organizations and after the conduct of relevant research and studies, set targets 
and coordinate actions for the reduction of greenhouse gas emissions and 
development of carbon markets; 
 
(r) design programmes providing for incentives relating to matters of climate change, 
including incentives for reduced emissions from deforestation and degradation; 
 
(s) mobilize resources for the purposes of achieving the objects and purposes of this 
Act; 
 
(t) regularly publish, update and disseminate, through electronic and other means, 
climate change strategies, policies, plans, programmes and other information; and 
 
(u) perform such functions as may be assigned to it by the Council or by the 
Government for purposes of this Act. 
 
 (2) To assist the Authority in the discharge of its functions, the Minister­in­Charge of the 
Federal Government may establish Advisory Committees for various sectors and appoint as members 
thereof eminent representatives of the relevant sector from educational institutions, research institutes 
and non­government organizations. 
 
 (3) In the discharge of its functions the Authority shall be guided by, amongst other,— 
 
(a) the latest scientific knowledge and research relating to climate change in general   
and renewable energy and clean technology in particular, environmental 
considerations, including likely impacts on ecosystems, bio­diversity and forestry 
and socio­econamic development objectives, including gender aspects; and 
 
(b) policy advice of the Division allocated with the subject of climate change. 
 
9. Annual  report.—(1) At the end of each financial year, the Authority shall prepare an annual 
report, which shall include— 
 (a) a description of its activities; 
 
(b) progress of implementation of major climate   change  actions and difficulties 
relating thereto; 
 
(c) its plans for the next financial year; 
 
 
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(d) audited accounts of the Authority; and 
 
(e) any other relevant information relating to functions of the Authority. 
 
 (2) The report prepared under sub­section (1) shall be laid by the Minister­in­Charge of the 
Government before the Majlis­e­Shoora (Parliament). 
 
10.  Powers of the Authority .—(1) The Authority shall have all the powers necessary to 
execute its functions under this Act. 
 
 (2) Without prejudice to the generality of sub­section (1), the Authority shall have power to— 
 
 (a)    manage, control and administer assets of the Authority in such manner so as to 
best serve its functions and the purposes of this Act; 
 
(b) enter into contracts or establish partnerships or associate with entities and 
organizations as it may consider appropriate to support its functions, provided that 
agreement with foreign governments and organizations shall be entered into only 
with approval of the Government; 
 
(c) where necessary or on request, provide services or give guidance to public and 
private entities in relation to climate change matters; and 
 
(d) solicit, gather, obtain and verify any relevant information and data from any 
Federal or Provincial Ministry, Division or Department, or any public or private 
entity in connection with the performance of the functions of the Authority. 
 
11.  Functions and powers of the Chairperson.—(1)  The  Chairperson  shall  be  the  chief 
executive of the Authority and shall, with the assistance of the members,— 
 
(a) perform the functions and exercise the powers of the Authority; and 
 
(b) discharge such duties and perform such function as are assigned to him by the  
Council or by the Government. 
 
 (2) Until the Council is duly constituted, the Chairperson shall, subject to such directions as 
the Government may give from time to time, perform the functions and exercise the powers of the 
Council. 
 
 (3) The Chairperson may, by general or special order, delegate any of his functions or powers 
to officers or staff appointed under section 7. 
 
 
CHAPTER IV 
 
PAKISTAN CLIMATE CHANGE FUND 
 
12. Pakistan Climate Change Fund .—(1) A fund to be known as th e Pakistan Clim ate 
Change Fund, hereinafter referred to as the Fund, shall be established.  
 
 
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(2) There shall be paid into the Fund 
 
(a) such monies as may be received by the Fund in the form of donations, 
endowments, grants and gifts from whatever source and specifically designated 
for the Fund; 
 
(b) such  sums  of  money  is  may  be  raised  by  the  Authority  for  the  execution  
of  the programmes and projects of the Authority; and 
 
(c) such monies as may, by or under any law, be payable to the Fund. 
 
 (3) The Fund shall be utilized, in accordance with such procedure as may be prescribed, for— 
 
(a) expenditure incurred by the Authority in the exercise, discharge and performance 
of its functions; 
 
(b) operational and administration expenses of the Fund; . 
 
(c) financial assistance to suitable adaptation and mitigation projec ts and measures 
designed to  combat  the  adverse  effects  of  climate  change,  the  sustainable  
development  of resources and for research in any aspect of climate change; and 
 
 (d)  any other purpose which in the opinion of  the Council shall help achieve the 
purposes of this Act. 
 
13. Management of the Fund.—(1) The Fund shall be managed by the Authority. 
 
 (2) In accordance with such procedure and such criteria as may be prescribed, the Authority 
shall have the power to— 
 
(a) sanction financial assistance for eligible projects in accordance with guidelines 
framed by the Council; 
 
(b) invest  moneys held  in  the  Fund  in  such  profit­bearing Government bonds, 
savings schemes and securities as it may deem suitable; and 
 
(c) take such measures and exerci se such powers as may be necessary for utilization 
of the Fund for the purposes specified in sub­section (3) of section.12. 
 
 (3) The Authority may Constitute committees of its members to undertake regular monitoring 
of projects financed from the Fund and submit progress reports to the Authority. 
 
 (4) The Authority shall prepare an annual report incorporating its annual audited accounts and 
performance evaluation based on the progress reports mentioned in sub­section (3). 
 
 
 
 
 
 
 
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CHAPTER V 
 
MISCELLANEOUS 
 
14. Indemnity. No suit, prosecution or other legal proceedings shall lie against the Federal and 
Provincial Governments, the Council, the Authority, the Chairperson, members, officers, employees, 
experts, advisers, committees and consultants. of the Federa l Government or the Environmental 
Tribunal or Environmental Magistrates or any other person for anything which is in good faith done 
or intended to be done under this Act or the rules or regulations made thereunder. 
 
15. Dues recoverable as arrears of land  revenue. Any dues recoverable by the Authority 
under this Act or the rules or regulations shall be recoverable as arrears of land revenue. 
 
16. Act to override other laws . The provisions of this Act shall have effect notwithstanding 
anything inconsistent therewith contained in any other law for the time being in force. 
 
17.  Power  to  make   rules .  The  Minister­in­Charge   of  the  Federal  Government  may,  
by notification in the official Gazette, make rules for carrying out the purposes of this Act, including 
rules for implementing the provisions of the International Agreements relating to climate change, 
specified in the Schedule. 
 
18. Power to amend the Schedule. The Minister­in­Charge of the Federal Government may, 
by notification in the official Gazette, amend the Schedule so as to add any entry thereto or modify or 
omit any entry therein. 
 
19. Power  to make  regulations.—(1)  For carrying out the purposes of this Act, the Authority 
may, by notification in the official Gazette and with the approval of the Minister­in­Charge of the 
Federal Government, make regulations not inconsistent with the provisions of this Act an d the rules 
made thereunder. 
 
 (2) In particular and without prejudice to the generality of the foregoing power, such 
regulations may provide for— 
 
(a) submission of periodical reports, data or information by any Government agency, 
local authority or local council in respect of matters relating to climate change; 
 
(b) preparation of of emergency contingency plans for  coping with extreme  climatic  
events, natural disasters and calamities; and 
 
(c) appointment of officers, advisers, experts, consultants and employees. 
________________ 
 
 
 
 
 
 
 
 
 
 
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SCHEDULE 
 
(See sections 2, 4, 17 and 18) 
 
1. United  Nations  Framework  Convention  on  Climate  Change  (UNFCCC),  Rio  
De Janeiro, 1992; 
 
2. Kyoto Protocol to the UNFCCC, 1997; 
 
3. The Paris Agreement, 2015; and 
 
4.  Any other agreement relating to climate change to which Pakistan is a. signatory.