Law and Climate Change toolkit |

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(SA) 2008 National Energy Act (Law)

Saudi Arabia, 2008

(NA) 2007 Electricity Act No. 4 (Law)

Namibia, 2007

Legal Area: Integrated energy plan Future energy demand estimation Energy access provisions Energy co-ordination body Energy system advisory body Energy regulator Provisions for consultation Licensing provisions Renewable energy codes and standards – general/operating Specification of grid standards Grid management provisions Grid access and integration Mini-grid provisions Distributed/off-grid/micro generation Tendering regulation Infrastructure decommissioning Investor regulation – guarantees and risk sharing Overall market principles Market access provisions Market transparency Market integrity and abuse Market regulatory coordination provisions Market design rules for promoting efficiency Competition – abuse of dominant position Competition – ownership unbundling

(MZ) 2001 Petroleum Law No. 3 (Law)

Mozambique, 2001

Legal Area: Energy co-ordination body Energy distribution/grid management body Concessions Infrastructure decommissioning Competition – abuse of dominant position

(MZ) 1997 The Electricity Act No. 21 (Law)

Mozambique, 1997

Legal Area: Integrated energy plan Future energy demand estimation Energy access provisions Energy supply diversification/mix Electricity interconnection Energy co-ordination body Energy system advisory body Energy regulator Provisions for consultation Licensing provisions Renewable energy codes and standards – planning/environmental impact Specification of grid standards Grid management provisions Grid access and integration Distributed/off-grid/micro generation Fiscal incentives – renewable energy – grants/subsidies/compensation Concessions Overall market principles Market access provisions Market transparency Market integrity and abuse Market regulatory coordination provisions Market design rules for promoting efficiency

(MZ) 1997 Electricity Act 21/97 (Law)

Mozambique, 1997

(MY) 1990 Electricity Supply Act 447 (Law)

Malaysia, 1990

Legal Area: Energy access provisions Energy co-ordination body Energy regulator Energy efficiency co-ordination body Energy efficiency obligations – utilities Energy efficiency codes and standards – buildings Overall market principles Import tariffs

(MW) 2004 Electricity Act (Law)

Malawi, 2004

(MW) 1983 Petroleum Exploration and Production Act Ch. 61 (Law)

Malawi, 1983

(MM) 1998 The Atomic Energy Law (Law)

Myanmar, 1998

(BB) 2013 Electric Light and Power Act (Law)

Barbados, 2013

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- Dedicated climate laws and governance
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  - Mitigation strategies, targets, budgets and measures
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    - Emission targets-in law
    - Emission targets – duty to set
    - Emission targets- mechanisms for setting and amending
    - Provision for carbon budgeting
    - Non-quantitative mitigation measures/standards
    - Strategic plan on mitigation
  - Adaptation measures
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    - Provisions for climate risk and vulnerability assessments
    - National strategies/plans for adaptation and climate resilient development
    - Mandate to government to develop strategies, plans or regulations on adaptation
    - Provision for adaptation consultations
    - Mechanism for setting of adaptation standards
  - Establishing or designating national climate bodies and functions
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    - Coordination body on climate change
    - Inter-agency body on climate change
    - Advisory body on climate change
    - Body with planning/regulatory powers and functions
    - Body responsible for national inventory and reporting
    - Body responsible for administering climate budget/climate finance
    - Provisions for consultation
    - Education/information/capacity building bodies
  - Monitoring, reporting and verification obligations
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    - Monitoring and reporting obligations on government
    - Monitoring and Reporting obligation on companies/installations /financial institutions
    - Provisions for verification of data
  - Economic instruments
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    - Carbon tax or levy provisions
    - Emissions trading
    - Tradable certificates
    - Use of international market mechanisms
    - Incentives for voluntary actions
    - Fiscal incentives
  - Finance and budgetary provisions
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    - Procurement of goods and services
    - Provisions on access to international climate finance
    - Regulation of financial markets
    - Sources of climate finance
    - Establishment of national climate fund
  - Guiding objectives and principles
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    - Objectives
    - Enabling constitutional provisions
    - Principles
- Energy System
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  - Targets, plans and strategies
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    - Integrated energy plan
    - Future energy demand estimation
    - Energy access provisions
    - Energy supply diversification/mix
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    - Energy parity provisions
  - Institutions and governance
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    - Energy co-ordination body
    - Energy system advisory body
    - Energy distribution/grid management body
    - Energy regulator
    - Provisions for consultation
  - Carbon transition planning
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    - Decarbonisation target – Electricity
    - Decarbonisation target – Heating and cooling
    - Decarbonisation target – Transport
    - Decarbonisation target – Industry
    - Phase-out of high carbon sources
    - Just transition provisions – Electricity
    - Just transition provisions – Heating and cooling
    - Just transition provisions – Transport
    - Just transition provisions – Industry
    - Demand reduction provisions – Electricity
    - Demand reduction provisions – Heating and cooling
    - Demand reduction provisions – Transport
    - Demand reduction provisions – Industry
- Energy Production and Renewable Energy
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  - Targets, plans and strategies
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    - Renewable energy targets
    - Renewable energy strategy/plan
    - Prescription of renewable energy sources
    - Goal/obligation to promote renewable energy
    - Goal/obligation to review and report on renewable energy
  - Institutions and governance
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    - Renewable energy co-ordination body
    - Renewable energy advisory body
    - Renewable energy regulatory body
    - Rural electrification body
    - Provisions for consultation
  - Renewable energy obligations and regulation
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    - Renewable energy obligations for energy users
    - Duties of renewable energy providers
    - Licensing provisions
    - Renewable energy codes and standards – general/operating
    - Renewable energy codes and standards – planning/environmental impact
    - Green tradeable certificates
  - Distribution and storage (electricity and other)
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    - Specification of grid standards
    - Grid management provisions
    - Grid access and integration
    - Mini-grid provisions
    - Distributed/off-grid/micro generation
    - Electricity storage
    - Load shifting and demand response management
  - Incentives and disincentives
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    - Fiscal incentives – renewable energy – grants/subsidies/compensation
    - Fiscal incentives – renewable energy – loans/debt support
    - Fiscal incentives – fossil fuels
    - Feed-in tariffs
    - Regulation of power purchase agreements
    - Incentives for micro/self-use energy production
    - Energy production taxation – renewable energy
    - Energy production taxation – fossil fuels
    - Renewable energy R&D support
    - Energy auctions/pricing mechanism
    - Concessions
    - Tendering regulation
    - Mining regulation
    - Waste management
    - Infrastructure decommissioning
  - Infrastructure budget and finance
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    - Overall energy infrastructure budget/finance
    - Energy infrastructure finance – renewable energy
    - Energy infrastructure finance – fossil fuels
    - Investor regulation – return/remuneration
    - Investor regulation – guarantees and risk sharing
  - Distinct energy regulation
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    - Nuclear
    - Biofuels and waste
    - Hydrogen fuel cells
- Energy Efficiency
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  - Targets, plans and strategies
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    - Energy efficiency targets
    - Energy efficiency strategy/plan
    - Energy efficiency principles
  - Institutions and governance
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    - Energy efficiency co-ordination body
    - Energy efficiency advisory body
    - Energy efficiency regulatory body
    - Provisions for consultation
  - Energy efficiency obligations and regulations
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    - Energy efficiency obligations - large consumers
    - Energy efficiency obligations - public sector
    - Energy efficiency obligations – utilities
    - Energy efficiency codes and standards – buildings
    - Energy efficiency codes and standards – products
    - Energy efficiency codes and standards – sectoral
    - Energy efficiency codes and standards – vehicles and emissions
    - Information labelling regulations and energy efficiency ratings
    - Energy efficiency/performance certificates
    - Energy audits
    - Energy efficiency market schemes
    - Energy efficiency procurement requirements – Electricity
    - Energy efficiency procurement requirements – Heating and cooling
    - Energy efficiency procurement requirements – Transport
    - Energy efficiency procurement requirements – Industry
  - Incentives and disincentives
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    - Fiscal incentives – energy efficiency – grants/subsidies/compensation
    - Fiscal incentives – energy efficiency – loans/debt support
    - Fiscal incentives – energy efficiency – tax relief/rebates
    - Energy efficiency concessions
    - Energy efficiency R&D support
    - Energy consumption taxation
    - Energy use charges
  - Energy efficiency budget and finance
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    - Overall energy efficiency budget/finance
    - Energy efficiency project finance
    - Investor regulation – return/remuneration
    - Investor regulation – guarantees and risk sharing
    - Energy performance contracting
    - Investment provisions for public/private partnerships
- Energy Market Regulation
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  - Markets – design and regulation
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    - Overall market principles
    - Market access provisions
    - Energy market board
    - Market transparency
    - Market integrity and abuse
    - Market regulatory coordination provisions
    - Market design rules for promoting efficiency
  - Markets – trade and competition
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    - Import tariffs
    - Non-tariff measures
    - State aid/subsidies
    - Competition – restrictive agreements/arrangements
    - Competition – abuse of dominant position
    - Competition – ownership unbundling
    - Competition – dumping
- Fisheries and Climate Change
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  - Designated government authority in charge of fisheries
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    - Mandate covering all types of fisheries
    - Requirements for consultation and coordination among authorities involved in fisheries
    - Duty to take climate change into account in fisheries plans/policies
    - Duty to collect and report on GHG emissions and removals from the fisheries sector
    - Duty to collect and report on climate impacts in the fisheries sector
  - Fisheries management legislation
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    - Principles and recommendations of the CCRF and/or the EAF reflected in legislation
    - Provisions on adaptive management
    - Requirements for fisheries management plans to consider climate change goals and impacts
    - Provisions promoting integrated management of aquatic ecosystems/resources
    - Provisions on devolved decision-making on fisheries management
    - Provisions on public participation in the decision-making process on fisheries sector management
    - Provisions on access to information
    - Provisions on access to justice and dispute resolution mechanisms
  - Requirements for environmental and/or social impact assessment provisions that include climate change impacts
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    - Environmental and/or social impact assessment provisions applicable for all fisheries
  - Provisions aimed at reducing GHG emissions from the fisheries sector
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    - Provisions covering GHG emissions from the whole value chain
    - Provisions to promote energy efficiency or renewable energy in fisheries operations
    - Provisions to conserve marine protected areas for carbon storage
  - Provisions ensuring security of fisheries tenure rights
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    - Principles and recommendations of the VGGT reflected in legislation
    - Fisheries tenure rights provisions applicable to all fisheries in the country
    - Provisions for addressing climate change impacts on fisheries tenure rights
  - Provisions on spatial planning for coastal areas
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    - Requirements for climate change considerations in spatial planning for coastal areas
    - Restrictions on the use of mangroves
    - Regulations on land conversion to aquaculture
  - Provisions on spatial planning for inland fishing areas
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    - Requirements for climate change considerations in spatial planning for inland fishing areas
  - Disaster risk management (DRM) and disaster risk reduction (DRR) for the fisheries sector
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    - Provisions on monitoring and early warning systems for climate-induced disasters
    - Provisions on disaster response measures for fisheries
    - Provisions on vulnerability reduction and climate resilience
  - Financing and incentives for climate smart fisheries
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    - Incentives for lowering GHG emissions from the fisheries value chain
    - Provisions on funds and responsibilities for research and development on the sustainability of the fisheries sector
    - Fund for climate smart fisheries approaches
    - Subsidies for climate smart fisheries
    - Certification/labelling schemes for fisheries products
    - Loans and credits for climate smart fisheries
    - Training for fisheries owners and operators on climate smart fisheries
  - Aquaculture management legislation or provisions
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    - Principles and recommendations of the CCRF and the EAA reflected in aquaculture legislation or provisions
    - System of authorization for aquaculture operations with entry points for climate change considerations
    - Duty of operator to mitigate environmental impacts of aquaculture operations
    - Provisions on climate sensitive management of fish farms
    - Provisions on feed management considering environmental impacts
    - Provisions on aquatic animal health and biosecurity
- Agriculture (crop and livestock) and climate change
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  - Institutions and governance
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    - Government authority in charge of agriculture
    - Duty to take climate change into account in agriculture policy/plans
    - Duty to collect and report on GHG emissions from agriculture
  - Disaster risk management/reduction and climate change
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    - Disaster risk management and response mechanisms
    - Climate related insurance mechanisms
    - Early warning mechanisms
  - Sustainable agricultural production
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    - Environmental criteria in the selection and use of fertilizers (synthetic and organic)
    - Tillage and residues management
    - Sustainable water use and management
    - Climate-smart agriculture approaches
  - Seed management and climate change
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    - Management of plant breeding
    - Protection of plant breeders’ intellectual property
    - Seed registration requirements
    - Seed quality control system
    - Representation of farmers/community enterprises in seeds governing bodies and/or institutions
  - Soil management and climate change
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    - Soil conservation bodies and/or institutions
    - Soil conservation
    - Soil pollution control
    - Soil erosion control
    - Soil restoration
    - Soil fertility management
    - Soil biodiversity conservation
  - Plant health, pest control and climate change
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    - Phytosanitary protection and surveillance
    - Pest management
  - Pesticide management
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    - Environmental considerations in pesticide management
  - Livestock management and climate change
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    - Feed management
    - Breeding management
    - Manure management
    - Disease monitoring
    - Sustainable livestock production
    - Grazing and pasture land management
    - Sustainable animal husbandry practices
  - Financing/incentives for CSA approaches
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    - Loans and credits
    - Subsidies
    - Research and development
    - Payments for ecosystem services (PES)
    - Certification/labelling schemes
    - Carbon pricing mechanisms
- Land use & management and climate change
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  - Institutions and governance
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    - Government authority in charge of land use and management
    - Duty to take climate change into account in land use plans/policy
    - Cross-sectoral coordination in land decision and policy making
    - Establishment of a land cadaster/inventory
  - Spatial planning
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    - Requirements to consider climate change in spatial planning
    - Requirements for environmental and social impact assessments
    - Climate change policy goals in land use change
  - Land management
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    - Objective of sustainable land management
    - Sustainable surface and ground water management
    - Climate change considerations for land management
    - Provisions to combat desertification and land degradation, and promote restoration of degraded lands
    - Incentives for sustainable land management
  - Procedural rights applicable to land use planning and management
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    - Procedural rights - access to information
    - Procedural rights –public participation and Free, Prior and Informed Consent (FPIC)
    - Procedural rights – access to justice and dispute resolution
  - Security of land tenure
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    - VGGT principles and recommendations reflected in legislation
    - Tenure conflicts – dispute resolution mechanisms
    - Mechanisms addressing climate change impacts on tenure rights
- Forestry and climate change
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  - Institutions and governance
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    - Government authority in charge of forest use and management
    - Duty to take climate change into consideration in forestry policy
    - Mandate for regulating forest conversion
    - Duty to collect and report on GHG emissions and removals by sinks from the forest sector
    - Establishment of a forestland cadaster/inventory
  - Forestland use and planning
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    - Definitions of different uses of forests
    - Rules for forestland conversion
    - Rules for forestland conversion – social and environmental impact assessment
  - Security of forest tenure
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    - VGGT principles and recommendations reflected in forest legislation
  - Forest management
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    - Objective of sustainable forest management
    - Provisions to combat deforestation and forest degradation
    - Provisions to promote afforestation and reforestation
    - Provisions governing illegal logging
    - Timber legality
    - Timber legality – Environmental requirements for timber harvesting
    - Timber legality – Requirements for timber trade
    - Promotion of use of wood products from sustainably managed forests
    - Non-timber forest products – access and use
    - Participatory/community-based forest management (CBFM)
    - Agroforestry
    - National forest monitoring system
  - Procedural rights applicable to the forest sector
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    - Procedural rights – access to information
    - Procedural rights – public participation and Free Prior and Informed Consent (FPIC)
    - Procedural rights – access to justice and dispute resolution
  - Financing and incentives for sustainable forest management
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    - National forest fund
    - Research & development funds
    - Payments for ecosystem services (PES)/results-based payments
    - Certification/labeling schemes for sustainable forest products
- Urban and territorial planning
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  - National territorial planning
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    - National land classification
    - National integrated inland and coastal transportation and infrastructure network
    - Coordination between national territorial plan and national climate change plan
    - Assessing climate vulnerability associated with the implementation of the national territorial plan
    - Assessing greenhouse gas emissions associated with the implementation of the national territorial plan
  - Regional territorial planning
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    - Integrated regional transportation and infrastructure network
    - Coordination between regional territorial plan and national climate change plan
    - Implementation of national territorial plan objectives by regional territorial plan
    - Assessing climate vulnerability associated with the implementation of the regional territorial plan
    - Assessing greenhouse gas emissions associated with the implementation of the regional territorial plan
  - Spatial plans for urban areas
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    - Land use zoning
    - Planning for future land needs in safe locations
    - Growth management strategies
    - Long-term planning horizon
    - Climate-induced urban plan review
    - Implementation of national territorial plan using urban plans
- Urban planning and design for adaptation
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  - Climate risks and vulnerability for planned areas and infrastructure
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    - Climate risk and vulnerability assessments
    - Methods and processes for risk and vulnerability assessments
    - Inclusive and participatory vulnerability assessments
    - Climate hazards list
    - Climate hazard maps
    - Identification of people, property and economic sectors exposed to climate risks
    - Publicly accessible hazard maps
    - Regular review of hazard maps
    - Climate vulnerability assessment of plans and infrastructure
  - Identification and prioritization of adaptation options
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    - Identification of adaptation options
    - Assessment of adaptation options based on specific factors
    - Prioritization and selection of adaptation options
    - Stakeholders’ engagement in identification and prioritization of adaptation options
    - Identification of infrastructure-based and ecosystem-based adaptation measures
    - Adaptation planning targets
    - Assessment of urban plan’s contribution to adaptation strategies and targets
  - Implementation of the identified adaptation options
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    - Total and partial restrictions to land use and development
    - Public land buffer
    - Scientifically-determined riparian setbacks
    - Scientifically-determined coastal setbacks
    - Adaptation and coastal zone management
    - Location of essential infrastructure
    - Capacity of water infrastructure to accommodate climate effects
    - Nature-based storm water management
    - Climate vulnerability in land information systems
    - Evacuation routes and low risk areas
  - Adaptation of slums and other vulnerable settlements
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    - Urban planning and land management tools
    - Flexible planning and infrastructure standards
    - Inclusive community participation in upgrading
    - Community-led surveys and enumerations to facilitate adaptation
    - Accessibility to basic services
    - Affordability of the upgraded settlement
  - Planned relocations from areas at risk of climate change
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    - Land for relocations from areas at risk of extreme weather events
    - Safety of the relocation site from climate hazards
    - Resettled and host communities’ participation
    - Relocation site facilities
  - Security of tenure
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    - Recognition of a variety of tenure forms
    - Land tenure regularization
    - System of recording a variety of tenure forms
    - Process of conducting evictions
    - Land acquisition and compensation
    - Land and property dispute resolution institutions
    - Alternative dispute resolution mechanisms for land and property disputes
  - Development approval and adaptation
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    - Criteria for approval and adaptation
    - Developers' contribution for adaptation infrastructure
    - Compliance monitoring and adaptation
    - Compliance enforcement and adaptation
- Urban planning and design for mitigation
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  - Urban plans and greenhouse gas emissions
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    - Emissions from existing urban form
    - Estimation of existing carbon sinks
    - Planning scenarios and associated emissions levels
    - Planning scenarios and associated carbon sinks
    - Urban plans and climate change strategies and targets
    - Urban plan emission reduction targets
    - Urban plan greenhouse gas emissions impact assessment
  - Urban form and reduction of greenhouse gas emissions from transportation and infrastructure
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    - Promoting connectivity through minimum standards for streets
    - Promoting connectivity through street design standards
    - Promoting connectivity through plot design rules for a walkable streetscape
    - Promoting accessibility through mixed land use
    - Promoting optimal urban density
    - Promoting coordination between transport infrastructure and densities
  - Green spaces for environmental and climate services
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    - Minimum quantitative standards for green public spaces
    - Distribution of green spaces
    - Creating networks of green areas and water bodies
  - Neighborhood design and energy saving in buildings
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    - Streets orientation and energy saving in buildings
    - Thermal properties of urban surfaces and energy saving in buildings
    - Plot design and energy saving in buildings
  - Development approval and mitigation
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    - Mitigation of greenhouse gas emissions and development approval process
    - Developers' contribution for mitigation infrastructure
    - Compliance monitoring and mitigation
    - Compliance enforcement and mitigation
- Economic and non-economic instruments
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  - Resources for urban planning and climate change
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    - Intergovernmental fiscal transfers for climate change and urban planning
    - Responsibility to collect locally generated revenues
    - Authority to spend locally generated revenues
    - Requirement to earmark resources for urban planning and climate change
    - Enabling environments to mobilize investment capital
    - Public credit guarantee for local governments
    - Frameworks for public-private partnerships
  - Incentives for mitigation and adaption in urban planning
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    - Economic incentives for mitigation in urban planning
    - Non-economic incentives for mitigation in urban planning
    - Economic incentives for adaptation in urban planning
    - Non-economic incentives for adaptation in urban planning
  - Incentives that promote unsustainable urban land uses
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    - Economic incentives for unsustainable urban land uses
    - Non-economic incentives for unsustainable urban land uses
- Governance framework for urban planning and climate planning
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  - Multi-level institutional coordination
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    - Vertical inter-institutional coordination
    - National inter-institutional coordination
    - Metropolitan inter-jurisdictional coordination
    - Urban-rural coordination
    - Local inter-institutional coordination
  - Participatory governance
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    - Identification of stakeholders and communities
    - Access to information across the planning process
    - Opportunities for participation across the planning process
    - Consideration of specific community needs
    - Stakeholders and community feedback
    - Access to dispute resolution mechanisms
  - Data collection and sharing
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    - Vertical data collection and sharing
    - Horizontal data collection and sharing
    - Local data collection and sharing
  - Local governments' mandate for urban planning in urban areas
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    - Local governments' roles and responsibilities
    - Build and improve local governments' capacities to implement their mandates
    - Inter-municipal collaborations beyond administrative boundaries for urban and infrastructure planning

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Legislation Explorer

(SA) 2008 National Energy Act (Law)

Saudi Arabia, 2008

(NA) 2007 Electricity Act No. 4 (Law)

Namibia, 2007

(MZ) 2001 Petroleum Law No. 3 (Law)

Mozambique, 2001

(MZ) 1997 The Electricity Act No. 21 (Law)

Mozambique, 1997

(MZ) 1997 Electricity Act 21/97 (Law)

Mozambique, 1997

(MY) 1990 Electricity Supply Act 447 (Law)

Malaysia, 1990

(MW) 2004 Electricity Act (Law)

Malawi, 2004

(MW) 1983 Petroleum Exploration and Production Act Ch. 61 (Law)

Malawi, 1983

(MM) 1998 The Atomic Energy Law (Law)

Myanmar, 1998

(BB) 2013 Electric Light and Power Act (Law)

Barbados, 2013

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