Climate change law
Copenhagen summit
The Copenhagen Summit concluded last month with the parties ‘noting’ the “Copenhagen Accord”. The Summit was the 15th Conference of the Parties (COP-15) of the United Nations Framework Convention on Climate Change (UNFCCC). The aim of the conference was to reach a legally binding agreement that would succeed the Kyoto Protocol. In total, 193 nations were represented, with numerous NGOs and independent observers also in attendance.
Despite the Accord acknowledging that “climate change is one of the greatest challenges of our time”, it is a non-binding document. That is, at present, States are not legally required to reduce their emissions once the Kyoto Protocol concludes in 2012. While the Accord did explicitly state the need for “deep cuts in global [greenhouse gas] emissions”, and to restrict any increase in global temperature to below 2oC, no specific targets for emission reductions were established.
The Accord reiterated support for the principle of “common but differentiated responsibilities”. That is, climate change is a problem that affects all nations but the principle responsibility for emission reductions rests with developed nations. While developed nations agreed to “commit” to emission reductions, developing nations are only required to undertake “mitigation actions”. Further, developed nations agreed to help developing nations “adapt” to the effects of climate change. Developed nations are required to report their emission reduction targets, and developing nations their “mitigation actions”, to the UNFCCC Secretariat by 31 January 2010.
The Accord also lays the groundwork for the financing of the UN-REDD Programme. This program aims to reduce GHG emissions through the reduction of deforestation and forest degradation in developing nations. It was agreed that funds will be mobilised from developed nations to those developing nations that manage to reduce, or eliminate, deforestation and forest degradation within their country.
The next conference, COP-16, will be held in Mexico City later this year. Although no legally binding agreement was agreed at Copenhagen the parties can still enter into a legally binding agreement at any time.
The full text of the Copenhagen accord can be found on the official website of the UN Climate Change Conference in Copenhagen- Cop 15.
The Carbon Pollution Reduction Scheme
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Following the release of the White Paper - “Carbon Pollution Reduction Scheme: Australia’s low pollution future” in 2008, the Federal Government introduced legislation to Parliament on 14 May 2009 to establish the Carbon Pollution Reduction Scheme (CPRS). The Bill, however, was rejected by the Senate on 13 August 2009. It was reintroduced on 22 October 2009 but was again rejected by the Senate on 2 December 2009. The Bill had committed the Government to a target of 60% reduction in greenhouse gas emissions from 2000 levels by 2050. The medium-term target for 2020 had not been finalised; it was dependent upon a comprehensive post-Kyoto agreement being signed at Copenhagen that would have compelled countries to reduce global greenhouse emissions to 450ppm. Had that occurred, the CPRS target for 2020 would have been 25%. With the failure of the summit in Copenhagen to produce such an agreement, as it currently stands the CPRS target will instead be somewhere between 5-15%. The Government plans to reintroduce the legislation for a third time when Parliament next sits on 2 February 2010. |
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If the CPRS is passed, it will impact on all aspects of Victorian industry and community, including:
- The fossil fuel industry;
- Renewable energy;
- Transport
- Forestry
- Production and consumption
General information on climate change law
Victoria does not currently have climate change legislation. In 2009, the State Government released their Climate Change Green Paper. This paper outlined the possible impact of the CRPS on Victoria, and ways for Victoria to switch to a low carbon economy. The State Government does intend to introduce a climate change bill into State Parliament in the first half of this year. The Climate Change White Paper will also be released in the first half of the year.
An electronic version of the Climate Change Green Paper can be viewed at:
Relevant legislation
This is a list of summaries of and links to legislation which may be relevant:
Reporting
Energy
Australian Government
Victorian Government
Atomic and nuclear energy
Australian Government
Victorian Government
Information relevant to climate change- external links
Australian Government
- Following the Garnaut Climate Change Review, the Federal government took its first steps toward the creation of the National Carbon Trading Scheme, with the release of the Australian Government Department of Climate Change and Energy Efficiency- Carbon Pollution Reduction Scheme: Australia’s low pollution future (‘White Paper’).
Victorian Government
- The Nous Group report Understanding the potential to reduce Victoria’s greenhouse gas emissions is a report prepared by the Nous Group which discusses various strategies for the reduction of greenhouse gas emissions in Victoria.
Non government organisations working in the area of climate change
The following pages have useful information on Climate Change and Policy;
Interesting Cases
Other Interesting Cases - external links
