Environmental Management (Climate Change Fund) Regulations, 2018

BLUE BOOK - MALAWI 1247 GOVERNMENT NOTICE No. 87 ENVIRON.MENT MANAGEMENT ACT (CAP. 60:02) ENVIRONMENT MANAGEMENT (CLIMATE CHANGE FUND) REGULATIONS, 2018 ARRANGEMENT OF REGULATIONS REGULATION PART I~PRELIMINARY 1. Citation 2. Ifiterpretation PART II-ESTABLISHMENT, OBJECTIVES AND REVENUE OF FUND 3. Establishment of Fund 4. Objectives of Fund 5. Revenue of Fund PART III-ADMINISTRATION OF THE FUND 6. Administration of Fund 7. Exclusive application of Fund PART IV-MISCELLANEOUS 8. General penalties 9. Power to supplement·pc,ocedures IN EXERCISE of the powers conferred by section 77 of the Environment Management Act, I, AGGREY MASI, Minister of Natural Resources, Energy and Mining, make the following Regulations~ PART I-PRELIMINARY 1. These Regulations may be cited as the Environment Management Citation (Climate Change Fund) Regulations, 2018. 2. In these Regulations, unless the context otherwise requires- Interpretation "Director" means the Director of Environmental Affairs; "Fund" means the Environment Management Fund styled, under these Regulations, as the Climate Change Fund and established under regulation 3. PART II-ESTABLISHMENT, OBJECTIVES AND REVENUE OF THE FUND 3. There is hereby established, under the Environment Management Establishment Fund, a special Fund to be known as the Climate Change Fund for the of Fund purposes set out in regulation 4. BLUE BOOK - MALAWI 1248 Objectives of Fund Revenwof Fund 12th Dec:ember, 2018 4. Without derogation to the generality of section 57(e) of the Act, the objectives of the Fund shall be to (a) provide financial and other resources for undertaking climate change interventions in Malawi; (b) promote, with respect tc> cl.imate change, the attainment of (i) climate change adaptation; (ii) climate change mitigation; (iii) capacity building, education, training and awareness activities; (iv) research, technology development and transfer and systematic observation; (c) stimulate co-operation and participation in the pursuit of the above objectives in climate change interventions. 5. The Fund shall consist of (a) moneys appropriated by the National Assembly for the purposes of the Fund; (b) advances made by the Minister responsible for finance in order to meet a deficiency in the Fund; (c) any moneys or assets received for the purposes of or vested in or accrued to the Fund under the Act or otherwise; (d) levies, fees or penalties relating to climate change under any written law; and ( e) any interest on investments. PART III-ADMINlSTRATION OF THE FUND Administr11tion 6.-(l)The Fund shall be administered, in accordance with the purposes c,f fund of the Fund, by a Fund Manager. (2) The Fund Manager shall be recruited through an open and transparent process by the Secretary responsible for climate change and shall be appointed by the Minister for that purpose. (3) The Fund Manager shall report to the Director of Environmental Affairs. (4) The Fund Manager shall, subject to any directions of the Secretary to the Treasury; maintain all necessary books and accounts to enable him to produce annually a receipts and payments account and such other accounts as may be required by the Secretary to the Treasury. (S) For the better carrying into effect of his functions, in the administration of the Fund, the Fund Manager may (a) designate or appoint officers for the implementation of the activities of the Fund; (b) establish such number of committees or panels as may be BLUE BOOK - MALAWI 1249 12th December, 2018 considered necessary to perform the functions and responsibilities as may be determined by the Director. (6) The Fund shall be subject to the Public Procurement and Disposal of Assets Act, the Public Audit Act and the Public Finance Management Act and shall be audited annually by the Auditor General. Cap. 37:03 Cap. 37.01 Cap 37:02 7. The moneys of the Fund shall be applied for the objectives specified Exclusive 1;mder regulation 4 and for no other purpose. application of Fund PART IV-MISCELLANEOUS 8. A person who. contravenes any provision of these Regulations General commits an offence and is liable, on conviction, to imprisonment for a term of penalties three months. 9. Where procedures are not expressly provided for in these Regulations, the Director may do whatever is necessary, reasonable and permitted. by applicable law to enable it to effectively and completely deal with the matter before it. Dated this 12th day of December, 2018. A.MASI Power to supplement proce\iures (File No. EA0/99/07/03) Minister of Natural Resources, Energy and Mining