On 23 July 2024, the President of SA assented to the Climate Change Act (22 of 2024). The Act will come into force on a date still to be determined.
However, the SA fishing industry is listed as a sector that will be subject to the setting of limits on the production of greenhouse gases.
Section 25(1) of the CCA states that "[t]he Minister must, within one year of the coming into operation of this Act, by notice in the Gazette, list the greenhouse gas emitting sectors and sub-sectors that are subject to sectoral emissions targets."
Section 26(1) states that "[t]he Minister must, by notice in the Gazette, publish a list of greenhouse gases which the Minister reasonably believes cause or are likely to cause or exacerbate climate change."
Section 26(4) records that: "The thresholds contemplated in subsection (3)(b)—
(a) must be expressed in carbon dioxide equivalents for carbon budgets and
greenhouse gas mitigation plans and shall be applicable at company level
based on operational control;
(b) must be based on the availability of feasible mitigation technology; and
(c) must take into account any opportunities and constraints to implementation of
policies and measures."
Section 27(1) states that "[t]he Minister must allocate a carbon budget to any person that conducts an activity listed in terms of section 26(2)."
Schedule 1 of the CCA has identified the fisheries sector as being subject to the determination of sectoral emission targets.
Of course, the "fisheries sector" is far from being an homogenous sector as we well know. The vast differences in the size of individual quota holders across 22 commercial and small scale fishing sectors are profound and provides opportunities for individual companies and fishing sectors to -
- negotiate sustainable emission targets;
- enter into agreements with smaller sectors and companies to sell excess carbon credits to larger companies and sectors.
