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Laws of Tonga

Tonga Climate Change Fund Regulations 2024

Made 2024-09-13 · Text as of 2026-10-01

Public law and official guidance, published as research. Not legal, tax or financial advice.

About this law

Language
English
Kind
Regulation
Country
Tonga
Subjects
Environment
Keywords
air quality/air pollution, allocation/quota, authorization/permit, capacity building, certification, climate change, community management, court/tribunal, data collection/reporting, decentralization, emissions, enforcement/compliance, environmental impact assessment (EIA), environmental planning, environmental standards, equipment, financing, gender, good practices, governance, hazards, institution, investment, local government, monitoring, offences/penalties, pollution control, procedural matters, public procurement, risk assessment/management, special fund, standards, policy/planning, protection of environment

Where to read it

Text

The law's own text, section by section, as held. Each section has its own link.

  1. C T TONGA CLIMATE CHANGE FUND REGULATIONS 2024 Tonga Climate Change Fund Regulations 2024 Arrangement of Sections to Page 3 C T TONGA CLIMATE CHANGE FUND REGULATIONS 2024 Arrangement of Sections Regulation PART I – PRELIMINARY 8 1 Short title................................................................................................................ 8 2 Definitions ............................................................................................................. 8 PART II – NATIONAL CLIMATE CHANGE PRIORITIES 10 3 Declaration to be published ................................................................................. 10 PART III – GOVERNANCE OF THE FUND 10 4 Responsibilities of the Management Committee ................................................. 10 5 Guiding principles ................................................................................................ 11 PART IV – FUND PROJECT CYCLE 11 6 Fund project cycle timeline .................................................................................. 11 PART V – APPROVAL OF DESIGN OF FUND PROGRAMME BUDGET 12 7 Secretariat to design fund programme budget ..................................................... 12 8 Management Committee to approve design of fund programme budget ............. 12 PART VI – APPLICATIONS FOR ACCREDITATION 13 9 Call for applications for accreditation .................................................................. 13 10 Submission of applications for accreditation ....................................................... 13 11 Initial screening for compliance ........................................................................... 14 12 Assessment by Technical Committee .................................................................. 14 13 Determination by Management Committee ......................................................... 14 Arrangement of Sections Tonga Climate Change Fund Regulations 2024 Page 4 to 14 Criteria for accreditation ...................................................................................... 15 15 Notification of outcome ....................................................................................... 15 16 Certificate of accreditation ................................................................................... 15 17 Renewal of accreditation ...................................................................................... 16 18 Revocation of accreditation .................................................................................. 16 PART VII – APPLICATIONS FOR PROJECT FUNDING 16 19 Call for applications for project funding .............................................................. 16 20 Submission of applications ................................................................................... 17 21 Application for project funding ............................................................................ 17 22 Eligibility requirements ........................................................................................ 18 (c) on the website of the Ministry.23 Defined reporting requirements ...................... 18 24 Additional requirements ....................................................................................... 19 25 Initial screening for compliance ........................................................................... 19 26 Assessment and ranking of projects by Committees ............................................ 19 27 Final approval of projects by Management Committee ....................................... 20 28 Criteria for assessment of applications for project funding .................................. 20 29 Notification of outcomes ...................................................................................... 22 PART VIII – IMPLEMENTATION OF PROJECTS 23 30 Successful project applicant to sign a Project Implementation Agreement ......... 23 31 Project implementer to nominate financial officer ............................................... 23 PART IX – REPORTING OBLIGATIONS 24 32 Reporting obligations ........................................................................................... 24 33 Types of financial reports ..................................................................................... 24 34 Templates of financial reports .............................................................................. 24 35 Revisions to templates shall be notified ............................................................... 24 36 Training on reporting requirements ...................................................................... 25 PART X – MONITORING, EVALUATION AND VERIFICATION 25 37 Establishment of a Village Committee ................................................................. 25 38 Project monitoring by the Village Committee ..................................................... 26 39 Project monitoring and evaluation by the Secretariat........................................... 26 PART XI – COMPLETION OF A PROJECT 26 40 Completion of a project ........................................................................................ 26 41 Final evaluation .................................................................................................... 27 42 Confirmation of completion ................................................................................. 27 PART XII – SUSPENSION, TERMINATION OR RECALL OF FUNDS 28 43 Powers of the Management Committee ............................................................... 28 44 Decisions of the Management Committee ........................................................... 29 Tonga Climate Change Fund Regulations 2024 Arrangement of Sections to Page 5 PART XIII – SECRETARIAT AND WORKING COMMITTEES 30 45 Administration of project funds ........................................................................... 30 46 Publication of general investment objectives and policy ..................................... 30 PART XIV – APPROPRIATION BY LEGISLATIVE ASSEMBLY 31 47 Minister of Finance to consult ............................................................................. 31 48 Criteria for consideration ..................................................................................... 31 49 Secretariat to provide necessary documents ........................................................ 31 PART XV – FINANCE 32 50 Resources of the Secretariat ................................................................................. 32 51 Approved activities and expenditures .................................................................. 32 52 Prohibited activities and expenditure for use of the Fund ................................... 33 53 Determination of meeting fees of the Complaints Committee............................. 33 54 Procurement for projects ...................................................................................... 34 55 Disbursement of project funds ............................................................................. 34 PART XVI – THE COMPLAINTS PROCESS 35 56 Lodging of complaints ......................................................................................... 35 57 Criteria for decisions of the Complaints Committee ........................................... 35 58 Vexatious or frivolous complaints ....................................................................... 35 PART XVII – DESIGNATION OF OFFICERS 35 59 Designated officers to be issued with photo identification .................................. 35 PART XVIII – OFFENCES 36 60 Provision of false or inaccurate information ........................................................ 36 61 Failure to keep records ......................................................................................... 36 62 Misuse of project funds or materials .................................................................... 36 PART XIX – MISCELLANEOUS 36 63 Transitional matters ............................................................................................. 36 64 Records to be maintained ..................................................................................... 37 65 Capacity building ................................................................................................. 37 66 Review of Act, regulations or Operational Manual ............................................. 38 SCHEDULE 1 39 FUND PROJECT CYCLE TIMELINE 39 SCHEDULE 2 42 DESIGN OF FUND PROGRAMME BUDGET 42 Arrangement of Sections Tonga Climate Change Fund Regulations 2024 Page 6 to SCHEDULE 3 43 APPLICATION FORM FOR ACCREDITATION 43 SCHEDULE 4 48 CERTIFICATE OF ACCREDITATION 48 SCHEDULE 5 49 CERTIFICATE OF RENEWAL OF ACCREDITATION 49 SCHEDULE 6 50 APPLICATION FOR REVOCATION OF ACCREDITATION 50 SCHEDULE 7 51 REVOCATION OF ACCREDITATION 51 SCHEDULE 8 52 TONGA CLIMATE CHANGE FUND APPLICATION FORM FOR PROJECT FUNDING 52 SCHEDULE 9 57 SUBMISSION CHECKLIST 57 SCHEDULE 10 58 SUMMARY OF THE APPLICATION PROCESS 58 SCHEDULE 11 60 RANKING MATRIX 60 SCHEDULE 12 63 TEMPLATE FOR PROJECT IMPLEMENTATION AGREEMENT 63 SCHEDULE 13 65 REPORTING TEMPLATE FOR PROJECT IMPLEMENTER 65 SCHEDULE 14 69 IMPLEMENTATION COMPLETION MEMORANDUM 69 SCHEDULE 15 70 COMPLAINT FORM 70 Tonga Climate Change Fund Regulations 2024 Arrangement of Sections to Page 7 SCHEDULE 16 72 PHOTO IDENTIFICATION OF AN ACCOUNTABLE OFFICER 72 Regulation 1 Tonga Climate Change Fund Regulations 2024 Page 8 to C T TONGA CLIMATE CHANGE FUND REGULATIONS 2024 TONGA CLIMATE CHANGE FUND ACT 2021 IN EXERCISE of the powers conferred by section 53 of the Tonga Climate Change Fund Act 2021, the Minister responsible for climate change makes the following Regulations PART I – PRELIMINARY 1 Short title These regulations may be cited as the Tonga Climate Change Fund Regulations 2024. 2 Definitions (1) Terms which are defined in the Act and used in these regulations shall have the same meaning as in the Act. (2) In these regulations, unless the context otherwise requires, — “Act” means the Tonga Climate Change Fund Act 2021; “accredited entity” means an entity that has been accredited in accordance with these regulations; Tonga Climate Change Fund Regulations 2024 Regulation 2 to Page 9 “activity” for the purposes of these regulations means a specific action within a project that delivers an output and may refer to a specific contracted service within a project scope; “application for accreditation” refers to the application for accreditation process set out in Part VI of these regulations; “Community Development Plan” refers to the climate resilience plan developed by the community and registered at the Ministry of Internal Affairs; “day” or “days” for the purposes of these regulations means working days; “declaration of national priorities” for the purposes of these regulations means the declaration of national priorities for climate change mitigation and adaptation by the Minister under section 7(1) of the Act; “Director” means the Director of the Department of Climate Change who has been appointed by the Minister responsible for climate change; “fund project cycle” for the purposes of these regulations means the entire Tonga Climate Change fund project cycle which commences with the declaration of national priorities and continues for a period of up to 2 years, which includes – (a) call for projects; (b) selection process; (c) award of projects; (d) project implementation; and (e) project monitoring and evaluation; “Government” means the Government of the Kingdom of Tonga; “Government agency” or “Government agencies” means an office, entity, or instrument of the Government other than a Ministry or public enterprise; “environmental impact assessment” means an environmental impact assessment which has been made under the Environmental Impact Assessment Act (CAP.21.04); “Implementation Completion Memorandum” means the memorandum in regulation 42 certifying that a project has been completed; “Minister” means the Minister responsible for climate change; “Ministry” means the Ministry responsible for climate change; “Minister of Finance” means the Minister responsible for finance; “Ministry of Finance” refers to the Ministry responsible for Finance; “programme” means a group of related projects or subsidiary programme activities that are approved, funded and managed in a coordinated manner by an accredited entity, after obtaining approval by the Management Committee; Regulation 3 Tonga Climate Change Fund Regulations 2024 Page 10 to “Town Officer” means a Town Officer who has been elected under the District and Town Officers Act (CAP.8.03); and “working committees of the Fund” for the purposes of these regulations refers to the Management Committee, National Climate Change Co ordinating Committee, Technical Committee, Investment Committee, Complaints Committee and any other working committee established under the Act. PART II – NATIONAL CLIMATE CHANGE PRIORITIES 3 Declaration to be published (1) The declaration of national climate change priorities made by the Minister pursuant to section 7 of the Act shall be published by the Secretariat within 7 days of the declaration being made. (2) Publication of the declaration shall be – (a) on a radio station which is widely accessed by the public; (b) in a newspaper of general circulation in Tonga; or (c) on the website of the Ministry. (3) To the extent possible, the declaration shall be published in both the Tongan and English languages. PART III – GOVERNANCE OF THE FUND 4 Responsibilities of the Management Committee (1) The Management Committee shall be accountable to the Cabinet for the administration of the Fund and shall ensure that processes for the administration of the Fund align with the Act and these regulations. (2) The Management Committee shall be responsible for – (a) functions and responsibilities set out in section 9 of the Act; (b) project approval set out in Part VII of these regulations; and (c) monitoring the work of the Secretariat or Joint Secretariat and working committees of the Fund to ensure compliance with the Act and these regulations. (3) At the end of each fund project cycle, the Management Committee shall prepare and provide a report to the Cabinet on the following: (a) number and nature of projects which were approved in the cycle which just ended; Tonga Climate Change Fund Regulations 2024 Regulation 5 to Page 11 (b) amount which was awarded to each project implementer; and (c) expected and or actual outcomes, as they relate to the declared national priorities made by the Minister under section 7 of the Act. 5 Guiding principles In exercising its functions under the Act, the Management Committee shall have due regard for the following principles – (a) ensure that – (i) resources of the Fund are used specifically for purposes intended under the Act; (ii) the Secretariat and working committees of the Fund exercise the highest standards of integrity and fairness during each fund project cycle; (iii) there is full transparency by all stakeholders throughout each fund project cycle; (iv) there is mutual accountability between the Secretariat, working committees of the Fund and project implementers; and (v) in the exercise of powers, there is no conflict of interest by all entities which are established under the Act, by establishing measures to prevent this; (b) the need to – (i) adopt appropriate fiduciary standards and solid financial management arrangements to ensure the improvement and development of local governance structures; and (ii) facilitate effective donor coordination within the context of broader aid management structures, in order to avoid the duplication of costs; and (c) the importance of building the capacity of project implementers and local communities to ensure effective participation during the entire fund project cycle. PART IV – FUND PROJECT CYCLE 6 Fund project cycle timeline (1) At the start of each fund project cycle, the Secretariat shall propose meeting dates for the working committees of the Fund for each calendar year, to comply with the requirements of the Act. (2) While the order of events within a fund project cycle may vary slightly each calendar year, the Secretariat shall ensure that the fund project cycle timeline follows the structure set out in Schedule 1. Regulation 7 Tonga Climate Change Fund Regulations 2024 Page 12 to PART V – APPROVAL OF DESIGN OF FUND PROGRAMME BUDGET 7 Secretariat to design fund programme budget (1) The Secretariat, in consultation with the Director, shall be responsible for designing the fund programme budget which will achieve the national climate priorities proclaimed by the Minister under section 7 of the Act. (2) The fund programme budget shall allocate funding towards specified climate change priorities or thematic areas in the format prescribed in Schedule 2. (3) Funds allocated to a specific thematic area shall constitute a programme envelope under which one or more projects delivered by an accredited entity will fall. (4) A programme may include one or more projects or sub-projects. (5) The Secretariat shall ensure that the allocation of funding is distributed in accordance with the declared national climate change priorities of the Minister and aligns with national objectives set out in the current versions of the following documents which have been adopted by Cabinet – (a) Joint National Action Plan; (b) Nationally Determined Contribution; (c) Long-term Low Emission Development Strategy; and (d) any other approved national strategic document which the Minister deems appropriate. (6) Following its design, the Director shall submit the proposed fund programme budget to the Management Committee for approval in accordance with regulation 8. 8 Management Committee to approve design of fund programme budget (1) At the start of each fund project cycle and following the declaration of national priorities, the Director shall submit a fund programme budget to the Management Committee for approval. (2) In determining whether or not to approve the design of a fund programme budget, the Management Committee shall take into account the guiding principles set out in regulation 5. (3) Following the approval of the design of a proposed fund programme budget, the Management Committee shall issue a written resolution stating the following – (a) total amount allocated to each programme or project; (b) schedule of payments and required deliverables (if applicable); and Tonga Climate Change Fund Regulations 2024 Regulation 9 to Page 13 (c) timeframe for the implementation of each designed programme or project. (4) Following the issuance of a resolution by the Management Committee in sub regulation (3), the Secretariat shall initiate a call for – (a) accreditation, which shall follow the process outlined in Part VI; and (b) project applications, which shall follow the process outlined in Part VII, of these regulations. PART VI – APPLICATIONS FOR ACCREDITATION 9 Call for applications for accreditation (1) A call for applications for accreditation shall generally take place – (a) during the fourth quarter of the year preceding the call for project applications; or (b) at a time prescribed by the Management Committee. (2) A call for applications, as well as the application form and submission instructions, shall be – (a) clear and succinct; (b) specify the nature of information required from an applicant and eligibility rules; (c) provided in the Tongan and English languages; and (d) published widely, in a manner that is accessible to members of the public in Tonga. (3) Notwithstanding the requirements under this Part, the Management Committee may place additional requirements on an entity which is applying for accreditation with the intention to apply for project funding. 10 Submission of applications for accreditation (1) An applicant shall complete and submit the prescribed application form in Schedule 3 together with the following supporting documents to the Secretariat, within the specified timeframe – (a) if the applicant is a – (i) company, evidence of incorporation in Tonga; (ii) non-government or charitable organisation, evidence of registration in Tonga; (iii) government agency or Ministry, letter in support of the application for accreditation from the Chief Executive Officer of the relevant Ministry; or Regulation 11 Tonga Climate Change Fund Regulations 2024 Page 14 to (iv) community organisation, letter of recognition as a community organisation from the Ministry of Internal Affairs; and (b) supporting evidence of the matters outlined in regulation 14. (2) If required, the Secretariat shall request an interview with a representative of the applicant to assess the applicant’s level of technical and human resources. 11 Initial screening for compliance (1) On receiving an application for accreditation, the Secretariat shall initially review it and ensure that all supporting documents have been provided by the applicant before – (a) issuing an accreditation application number; and (b) inputting relevant information about the application into the database for the Fund. (2) The Secretariat shall then submit a full copy of the application for accreditation to the Technical Committee within 7 days of registering the application into the database for the Fund. 12 Assessment by Technical Committee (1) Upon receiving an application for accreditation, the Technical Committee shall – (a) evaluate the application in accordance with criteria in regulation 14; and (b) provide written recommendations to the Management Committee on the eligibility of the applicant. (2) The Secretariat shall collate all written recommendations from the Technical Committee and provide these, together with each application to the Management Committee within 3 days of the Technical Committee completing its assessment. 13 Determination by Management Committee (1) Upon receiving an application for accreditation, supporting documentation and recommendations from the Technical Committee, the Management Committee shall – (a) consider recommendations of the Technical Committee; and (b) approve or deny an application for accreditation. (2) Subject to regulation 15(2), the decision of the Management Committee in respect of an application for accreditation shall be final. Tonga Climate Change Fund Regulations 2024 Regulation 14 to Page 15 14 Criteria for accreditation (1) Criteria for assessing an application for accreditation may include one or more of the following – (a) evidence that the applicant – (i) has the human and technical capacity to effectively implement a project; (ii) has in place internal financial processes that shall meet the minimum fiduciary requirements of the Act and ensure the ability to manage and account for the utilisation of project funds; (iii) will be able to meet its reporting obligations; or (iv) has the ability to meet any other criteria set by the Management Committee from time to time; and (b) evidence of a bank account in the name of the applicant. (2) Notwithstanding sub-regulation (1), the Secretariat shall ensure that the application process for accreditation shall be designed in a manner which sufficiently provides information required by the Ministry while facilitating the accreditation of as many entities as are eligible. 15 Notification of outcome (1) Within 21 days of submitting a complete application for accreditation, the Secretariat shall notify the applicant, in writing, whether or not the application has been approved. (2) If an applicant has been notified that it does not meet the criteria for accreditation it may, within the period stated in the notice in sub-regulation (1), re-submit an application for accreditation containing new or additional information, for consideration by the Management Committee. 16 Certificate of accreditation (1) Where the Management Committee has approved an application for accreditation under this Part, the Secretariat shall issue the applicant with the Certificate of Accreditation prescribed in Schedule 4, within 3 working days of approval. (2) The validity of an entity’s accreditation shall be stated on the certificate of accreditation and shall be for a period not exceeding 4 years. (3) When applying for project funding, an applicant shall submit a current copy of its Certificate of Accreditation. Regulation 17 Tonga Climate Change Fund Regulations 2024 Page 16 to 17 Renewal of accreditation (1) Where the period of validity of a Certificate of Accreditation has expired, the applicant shall re-apply for accreditation. (2) An application for renewal of accreditation shall follow the same process as an application for accreditation set out under this Part. (3) Where the Management Committee has approved an application for renewal of accreditation under this Part, the Secretariat shall issue the applicant with the Certificate of Accreditation prescribed in Schedule 5, which states the period of renewal. 18 Revocation of accreditation (1) The Secretariat may, upon its own motion or at the request of a third party, apply to the Management Committee for the revocation of the accreditation of an entity. (2) The Management Committee shall revoke the accreditation of an entity, if there is sufficient evidence that the entity has – (a) violated a condition in the Project Implementation Agreement; (b) been involved in fraudulent activities in relation to the use of project funds; (c) misrepresented its ability to fulfil its obligations under a Project Implementation Agreement; or (d) serious misconduct which the Management Committee considers to be a sufficient ground for revocation. (3) The form for applying for revocation of accreditation is in Schedule 6. (4) A notice of Revocation of Accreditation is in Schedule 7. PART VII – APPLICATIONS FOR PROJECT FUNDING 19 Call for applications for project funding (1) The call for applications shall take place following the declaration of national priorities by the Minister and during the first quarter of the year. (2) The Secretariat shall ensure that a call for applications is – (a) clear and succinct about the eligibility rules and nature of information required from an applicant; (b) in the Tongan and English languages; and (c) published widely, in a manner that is accessible to members of the public in Tonga. Tonga Climate Change Fund Regulations 2024 Regulation 20 to Page 17 20 Submission of applications (1) The application form for project funding is prescribed in Schedule 8. (2) The applicant shall complete and submit the prescribed application form together with the following supporting documents, within the required deadline for submission – (a) copy of the applicant’s Certificate of Accreditation which has been issued by the Management Committee under regulation 16; and (b) a project proposal that clearly identifies – (i) the title of the project; (ii) name of project manager and credentials; (iii) details of the proposed project and how it relates to the Minister’s declaration in section 7 of the Act; (iv) proposed timeframe for commencement and completion of the project and project timeline; (v) proposed budget and level of funding requested; (vi) project personnel and their responsibilities; (vii) overview of fiduciary management of project funds; (viii) whether a village committee has been or will be established pursuant to regulation 37; and (ix) if applicable, project partners. (3) To ensure that the application is considered by the Management Committee, an applicant shall complete and provide the application form prescribed under sub-regulation (1), the documents in sub-regulation (2), as well as any other supporting documents which are stated in the application form. (4) To assist applicants, – (a) a Submission Checklist is set out in Schedule 9. (b) a summary of the application process is set out in Schedule 10. (5) For the purposes of sub-regulation (2), “required deadline” means the final date for the submission of applications which has been published by the Secretariat in the call for applications for project funding. 21 Application for project funding (1) An application for project funding shall include, with sufficient evidence in support, the following – (a) thematic scope of the project, which explains – (i) what national climate change priorities will be addressed under the project; Regulation 22 Tonga Climate Change Fund Regulations 2024 Page 18 to (ii) what the expected outputs are for projects funded under the project; and (iii) target beneficiaries; (b) details regarding project management, which includes – (i) name of accredited entity and responsible officers; and (ii) proposed Monitoring and Reporting Framework for the project and sub-projects; and (c) project budget, which includes – (i) total funding required for the project; and (ii) total funding required for any sub-project, if applicable. (2) In relation to sub-regulation (1)(c)(ii), an applicant may request authorisation for the approval of sub-projects under the national climate change priorities declared by the Minister. 22 Eligibility requirements (1) For each fund project cycle, the Management Committee shall publish the eligibility requirements for an entity intending to apply for accreditation to implement a project. (2) Publication of eligibility requirements shall be – (a) on a radio station which is widely accessed by the public; (b) in a newspaper of general circulation in Tonga; or (c) on the website of the Ministry.23 Defined reporting requirements (1) The reporting requirements for a project implementer shall be outlined in the Project Implementation Agreement signed between the entity and the Management Committee. (2) This shall include any obligation to provide and prescribed format for the following reports – (a) financial report; (b) narrative report; and (c) project completion report, which incorporates a full financial report. (3) Where relevant, the Project Implementation Agreement shall specify if the project implementer is responsible for providing additional capacity to support the delivery of reporting requirements. Tonga Climate Change Fund Regulations 2024 Regulation 25 to Page 19 24 Additional requirements Any additional requirements relating to an application for project funding shall be published by the Secretariat – (a) on a radio station which is widely accessed by the public; (b) in a newspaper of general circulation in Tonga; or (c) on the website of the Ministry. 25 Initial screening for compliance (1) On receiving a copy of the project application, the Secretariat shall first review and ensure that all documents have been provided by the applicant before – (a) issuing a project application number; and (b) inputting relevant information about the application into the database for the Fund. (2) The Secretariat shall submit a full copy of the application to the Technical Committee within 3 days of registering the application into the database for the Fund. 26 Assessment and ranking of projects by Committees (1) Upon receiving an application, the Technical Committee shall – (a) evaluate the application in accordance with criteria in regulation 28; (b) provide written recommendations to the National Climate Change Co ordinating Committee on the viability of the project proposal; and (c) rank the project proposal against other applications. (2) The Secretariat shall collate all written recommendations from the Technical Committee and provide these, together with each application to the National Climate Change Co-ordinating Committee within 3 days of the Technical Committee completing their assessment and ranking. (3) Upon receiving an application, the National Climate Change Co-ordinating Committee shall – (a) evaluate the application in accordance with criteria in regulation 28; (b) consider the recommendations of the Technical Committee; (c) provide written recommendations to the Management Committee on a short list of applications that should be considered, taking into account the Minister’s declared priorities in section 7 of the Act; and (d) provide a ranking of the short-listed project proposals. (4) The Secretariat shall collate all written recommendations from the National Climate Change Co-ordinating Committee and provide these, together with Regulation 27 Tonga Climate Change Fund Regulations 2024 Page 20 to each application to the Management Committee within 3 days of the National Climate Change Co-ordinating Committee completing their assessment and ranking. (5) In determining the ranking of applicants, the Management Committee and technical committees established under the Act shall use the ranking matrix set out in Schedule 11. (6) The Management Committee shall assess the short list of project proposals in accordance with regulation 27, before making a final decision on successful applications. 27 Final approval of projects by Management Committee (1) Upon receiving the short list of applications, the Management Committee shall – (a) evaluate each application in accordance with criteria in regulation 28; (b) consider the recommendations of the Technical Committee and National Climate Change Co-ordinating Committee; (c) provide written recommendations to the Cabinet on the list of applications that are approved, taking into account the Minister’s declared priorities in section 7 of the Act; and (d) confirm the project proposals that are approved. (2) The decision of the Management Committee in respect of approved projects to receive funding during a fund project cycle shall be final and no further submissions shall be received from unsuccessful applicants. (3) The Secretariat shall collate all written approvals from the Management Committee and provide these, together with a written resolution of the Management Committee, to the Ministry of Finance in accordance with section 25(2) of the Act. (4) The Ministry of Finance shall be responsible for developing and signing a project implementation agreement with each project implementer pursuant to regulation 30, within 15 days of the Management Committee completing the approval process. 28 Criteria for assessment of applications for project funding (1) An application for project funding shall be assessed by each relevant working committee of the Fund against the following criteria – (a) proposed outcomes in the project proposal align with national climate change priorities identified by the Minister under section 7 of the Act and further the Government’s goals in relation to climate change adaptation and disaster risk reduction; (b) the proposed project – Tonga Climate Change Fund Regulations 2024 Regulation 27 to Page 21 (i) has clear outcomes and beneficiaries; (ii) is considered a high priority by the benefiting community or communities (with a particular advantage if there is an existing community development project related to climate change adaptation and disaster risk reduction that has identified the project as high priority); (iii) aims to improve good governance for climate change adaptation and disaster risk management activities; (iv) involves analysis and assessment of an aspect of Tonga’s vulnerability to climate change impacts and disaster risks; (v) strengthens community preparedness and resilience to impacts of all disasters; (vi) enhances the technical knowledge base, information database, education and understanding of climate change adaption, mitigation and disaster risk management; (vii) fosters strong partnerships, cooperation and collaboration within government agencies and with civil society and the private sector; and (viii) can be completed within a period of 16 months for a small-scale project and 24 months for a medium scale project; (c) the project implementer has the capacity to effectively – (i) implement the project; (ii) manage project resources; and (iii) account for project funds, (d) the capacity of the project is likely to provide technically reliable, economically affordable and environmentally sound energy to support the sustainable development of Tonga; and (e) the proposed project will enhance strong partnerships, including cooperation and collaboration within government agencies and with civil society and the private sector. (2) Each working committee shall also be guided by the following considerations: (a) the extent to which the project assists or enables the beneficiary community to achieve national climate change priorities proclaimed by the Minister under section 7 of the Act, the Tonga Climate Change Policy and or activities under the Government approved National Action Plan for Climate Change; (b) location and population of the beneficiary community with particular consideration for communities in the outer islands; (c) whether or not the proposed project – (i) achieves an objective in the beneficiary community’s Community Development Plan; Regulation 29 Tonga Climate Change Fund Regulations 2024 Page 22 to (ii) will have a positive impact on the beneficiary community, and if so, the extent of this; (iii) will involve women and young people; (iv) will have a specific positive impact on women and children in the beneficiary community; (v) will provide a positive environmental value to the beneficiary community and the project’s likely impact on the environment; (vi) will provide any in kind contributions, financial or otherwise; and (vii) is sustainable, for the long term; (d) whether the applicant has the following capabilities – (i) necessary human resources or technical expertise to implement the project; and (ii) ability to cover additional costs, such as an environmental impact assessment and ancillary Government fees as required; (e) any in kind contributions of the beneficiary community such as materials, land, or labour; and (f) any other additional special benefits. (3) The National Climate Change Co-ordinating Committee shall determine whether or not – (a) the applicant has failed to provide any reports under any previous projects funded under the Act; and (b) the proposed project duplicates the activities or outcomes of any existing or previous project, whether of the Fund or of government. 29 Notification of outcomes (1) Within 3 days of the Management Committee confirming the list of approved projects under regulation 27(1)(d), the Secretariat shall inform each successful applicant, in writing. (2) For successful applicants on the outer islands or other remote areas, notification may be carried through other means such as by an announcement on a newspaper of general circulation or the radio. (3) The Secretariat shall publish a complete list of names of project implementers and their approved projects on the website of the Ministry. Tonga Climate Change Fund Regulations 2024 Regulation 31 to Page 23 PART VIII – IMPLEMENTATION OF PROJECTS 30 Successful project applicant to sign a Project Implementation Agreement (1) Following the notification of outcomes and at a time arranged by the Secretariat, a successful project applicant, who is hereafter called a project implementer, shall – (a) confirm – (i) implementation arrangements for the project are ready; (ii) reporting requirements can be met; and (iii) all other requirements of the Management Committee have been met; and (b) sign a Project Implementation Agreement with the Chief Executive Officer before commencement of implementation. (2) A Project Implementation Agreement shall, among other things, cover the following – (a) names of the parties; (b) description of the project; (c) in-kind contributions or co-financing by the project implementer; (d) date of commencement of implementation arrangements; (e) total financial assistance from the Fund; (f) work schedule outlining phases for implementation; (g) key deliverables for project; (h) reporting requirements; (i) monitoring and evaluation requirements; and (j) final date for completion of project and consequences for failure of completion. (3) A copy of each Project Implementation Agreement shall be provided to the – (a) Secretariat; and (b) project implementer. (5) A Project Implementation Agreement shall be in the general format set out in Schedule 12. 31 Project implementer to nominate financial officer Prior to the signature of a Project Implementation Agreement, the Secretariat shall – (a) ensure that in the case of an organisation, the project implementer has nominated the person within the organisation who will prepare the Regulation 31 Tonga Climate Change Fund Regulations 2024 Page 24 to financial reports of the project implementer in accordance with section 35(5) of the Act; and (b) provide or arrange to provide relevant training to the nominated financial officer and other relevant personnel of the project implementer, to enable the project implementer to fulfil its reporting obligations under section 35(3) of the Act. PART IX – REPORTING OBLIGATIONS 32 Reporting obligations A project implementer shall ensure that it complies with all reporting obligations contained in section 35(3) of the Act and the Project Implementation Agreement which it has signed in relation to a particular project. 33 Types of financial reports (1) A Project Implementation Agreement shall require one or more of the following types of financial reports to be submitted to the Secretariat at specified times during the implementation process – (a) quarterly financial report; (b) quarterly narrative report; and (c) project completion report, which incorporates a full financial report. (2) The general reporting template for a project implementer is set out in Schedule 13. 34 Templates of financial reports (1) Prescribed templates for financial reports shall be approved by the Management Committee and provided to project implementers by – (a) the Secretariat; or (b) set out in the Operational Manual of the Fund. (2) From time to time, the Management Committee shall – (a) approve any change to an existing template; or (b) issue any new template to be utilised for the administration of the Fund. 35 Revisions to templates shall be notified A revision to a prescribed template of a financial report shall be published by the Secretariat in the website of the Ministry for notification to project implementers. Tonga Climate Change Fund Regulations 2024 Regulation 31 to Page 25 36 Training on reporting requirements From time to time, the Secretariat shall facilitate training sessions to enable project implementers to comply with reporting requirements under this Part. PART X – MONITORING, EVALUATION AND VERIFICATION 37 Establishment of a Village Committee (1) If requested by the Management Committee, a project implementer shall liaise with the Town Officer in his local community for the establishment of a Village Committee. (2) Functions of the Committee shall include – (a) monitoring specific aspects of the project in accordance with Project Implementation Agreement; (b) representing the views of the community, particularly if the – (i) project is related to a Community Development Plan; or (ii) community is a beneficiary of the project; and (c) long-term monitoring of a project after implementation is completed, to ensure sustainability. (3) A Village Committee shall be comprised of representatives of the following groups – (a) Town Officer; (b) beneficiary community; (c) major contractor for the project (if applicable); and (d) relevant Government line Ministry that oversees an aspect of the project. (4) The Village Committee shall determine the chair for the Committee. (5) At least two members of the Committee shall be a female. (6) Subject to the availability of resources, the Secretariat shall provide support to facilitate the work of the Village Committee. (7) Notwithstanding sub-regulation (1), if a Village Committee is not established by the Management Committee, the functions and responsibilities of the Village Committee under these regulations shall be carried out by an entity approved by the Management Committee. Regulation 38 Tonga Climate Change Fund Regulations 2024 Page 26 to 38 Project monitoring by the Village Committee (1) Subject to sub-regulation (2), a Village Committee shall monitor specific aspects of the Project Implementation Agreement as directed, in writing, by the Secretariat. (2) Notwithstanding sub-regulation (1), a Village Committee shall provide reasonable notice to the project implementer prior to entering any premise where a project is being implemented, and the project implementer shall allow access to the project site by authorised members of the Village Committee. (3) The Village Committee shall report to the Secretariat if there are any matters that raise concerns in the implementation of the project. (4) Where concerns are raised by the Village Committee, the Secretariat shall determine the best way to deal with those concerns and notify the project implementer with written directions. 39 Project monitoring and evaluation by the Secretariat (1) The Secretariat, in consultation with the Technical Committee, shall conduct its monitoring and evaluation functions in accordance with section 35 of the Act. (2) Following consultation with a project implementer, the Secretariat shall report any matters of concern in relation to the implementation of the project to the Management Committee. (3) Where concerns are raised by the Secretariat, the Management Committee shall determine the best way to deal with those concerns and notify the project implementer with its written directions. PART XI – COMPLETION OF A PROJECT 40 Completion of a project (1) At least three months prior to a project completion date, the Secretariat and project implementer shall assess whether there is need to extend the project completion date. (2) The application for an extension of a project completion date shall be made – (a) in writing by a project implementer; (b) addressed to the Management Committee; and (c) include detailed justifications as to why the project completion date should be extended. (3) After considering a request for extension, the Management Committee may request additional information. Tonga Climate Change Fund Regulations 2024 Regulation 41 to Page 27 (4) If the Management Committee extends the project completion date – (a) the same terms and conditions shall apply, as was originally agreed by the parties in the Project Implementation Agreement; and (b) a variation to the Project Implementation Agreement shall be prepared by the Secretariat to amend the project completion date and the variation shall be signed by the parties. (5) If the Management Committee does not approve the extension of the project completion date, the project implementer shall comply with all project requirements by the closing date. 41 Final evaluation (1) Prior to the final evaluation of a project, a project implementer shall submit to the Secretariat a project completion report, which incorporates a full financial report, in accordance with section 35(3)(c) of the Act. (2) Once the implementation of the project is complete, the Secretariat together with the – (a) Village Committee; and (b) project implementer, shall conduct a final evaluation of the completed project. (3) The final evaluation process shall begin with a final accountability meeting, which shall examine and, as applicable, confirm the following – (a) certification for the funds received and utilised; (b) physical results; (c) participation of women, men, children and vulnerable groups; (d) percentage of women, men, children and vulnerable groups which are directly or indirectly impacted by the project; (e) level of technical support received during planning and implementation; and (f) exit strategy that will ensure the long-term sustainability of the project following implementation. (4) Once the meeting has confirmed its findings, a final inspection and certification shall be carried out by the Secretariat. 42 Confirmation of completion (1) Following the final evaluation and final inspection conducted under regulations 41(3) and 41(4), the Secretariat shall prepare a Implementation Completion Memorandum, together with a final report which evaluates the project’s success in meeting the following – (a) project’s objectives; Regulation 43 Tonga Climate Change Fund Regulations 2024 Page 28 to (b) project outcomes; (c) budget; (d) timeframes; and (e) lessons of experience. (2) If the Management Committee finds that the project has been satisfactorily completed, the Implementation Completion Memorandum shall be signed by the – (a) chair of the Management Committee; and (b) project implementer, to signify the official completion of the project. (3) The project is deemed to be – (a) “officially closed” on the date of the Management Committee’s meeting and this date shall be recorded as the official closing date of the project on the Ministry’s database; and (b) “handed over” to community beneficiaries for the continuation of operations on the closing date of the project. (4) The Implementation Completion Memorandum is prescribed in Schedule 14. (5) After the official closing date, the Secretariat shall not accept any further claims for the payment of goods and services for the project. PART XII – SUSPENSION, TERMINATION OR RECALL OF FUNDS 43 Powers of the Management Committee (1) Powers of the Management Committee shall be as stated in section 10 of the Act. (2) A decision on whether or not to suspend a project shall be based on one or more of the following – (a) failure of the project implementer to satisfactorily meet deadlines and proposed outcomes of the project; (b) failure of the project implementer to adequately account for expenditure of project funds; or (c) failure by project implementer to provide required financial reports to the Secretariat. (3) A decision on whether or not to recall project funds shall be based on one or more of the following – (a) reliable evidence has been presented to the Management Committee that – Tonga Climate Change Fund Regulations 2024 Regulation 44 to Page 29 (i) project funds have been, or are being mismanaged by the project implementer; (ii) financial reports of the project implementer mislead, or have been purposely intended to mislead the Committee as to the expenditure of funds; or (iii) implementation of the project is fundamentally different to what was agreed in the Project Implementation Agreement, and the variation by the project implementer did not have the prior approval of the Committee; or (b) any other factor that is considered by the Committee to be significant. (4) A decision on whether or not to terminate a project shall be based on one or more of the following – (a) reliable evidence has been presented to the Management Committee showing that – (i) the project implementer has intentionally misused project funds; (ii) work that is actually being implemented and the expected outcomes in the Project Implementation Agreement are fundamentally different, and cannot be rectified without additional funds; or (iii) the project implementer will not be able to achieve the expected outcomes of the project either – (A) to the satisfaction of the Management Committee; or (B) within the timeframe stated in the Implementation Agreement; or (b) the project implementer was provided with an opportunity to address any issues raised by the Management Committee, but the project implementer failed to address those issues to the satisfaction of the Management Committee. 44 Decisions of the Management Committee (1) Where the Management Committee exercises a power in accordance with regulation 43, the decision and reasons for the decision shall be conveyed to the project implementer – (a) in writing; (b) within 3 days of the decision being made; and (c) any conditions for continuation of the project, if the project is to continue. (2) Where a project has been – Regulation 45 Tonga Climate Change Fund Regulations 2024 Page 30 to (a) suspended, the Management Committee shall by written notice to the project implementer, set out the requirements to be met by the project implementer in order for the project to resume; (b) recalled, the Management Committee shall set out the amount to be repaid and the process by which the funds shall be received by the Secretariat and deposited in the Fund; or (c) terminated before the completion date, the Management Committee shall notify the project implementer of any requirements, including the return of project assets. (3) To the extent that they were involved in the design, preparation, submission or implementation of the project, copies of the notice in sub-regulation (1) shall be served to interested parties including the village or district officer in the beneficial community, local or district council, or Village Committee. (4) A decision by the Management Committee under this Part may be appealed by a project implementer in accordance with Part XVI of these regulations. PART XIII – SECRETARIAT AND WORKING COMMITTEES 45 Administration of project funds (1) The Secretariat, or Joint Secretariat where one is established under section 14 of the Act, shall be responsible for the administration of projects and project funds under the Act. (2) Each year, a person may obtain information from the Secretariat relating to the availability of project funding, project terms of reference, project application cycles. (3) The physical location of the office of the Secretariat shall be made known to the public, by notice in the Gazette, within 3 months of the commencement of these regulations. (4) From time to time, the Secretariat may issue instructions which have been authorised by the Management Committee. 46 Publication of general investment objectives and policy (1) Within 15 days of the Investment Policy being approved by Cabinet under section 24(4) of the Act, the Management Committee shall publish the – (a) Investment Policy of the Fund which has been approved by Cabinet or in the alternative, provide an overview of the investments which have been made; and (b) general investment objectives of the Fund under section 16 of the Act. (2) Publication of the documents in subsection (1) shall be – Tonga Climate Change Fund Regulations 2024 Regulation 47 to Page 31 (a) on the website of the Ministry; and (b) made in both the Tongan and English languages. PART XIV – APPROPRIATION BY LEGISLATIVE ASSEMBLY 47 Minister of Finance to consult Prior to the request for appropriation by the Minister of Finance to the Legislative Assembly pursuant to section 32(1) of the Act, the Minister of Finance shall consult with the Minister, the Management Committee and the Secretariat to determine the total sum to be allocated from the Endowment Account into the Operational Account in the next financial year. 48 Criteria for consideration In determining the amount to be allocated from the Endowment Account into the Operational Account in the next financial year, the Minister of Finance in consultation with the Minister responsible for climate change, shall take into consideration the following – (a) level of funding required for the next fund project cycle; (b) transfer of any interest from the endowment account into the operational account; (c) operational budget of the Secretariat and working committees of the Fund; (d) any consultancy, technical or service fees likely to be incurred in the next financial year, which the Management Committee has determined are necessary to achieve the objectives of the Act; and (e) any other expense anticipated in the budget of the Management Committee for the next financial year. 49 Secretariat to provide necessary documents The Secretariat shall prepare and furnish the Minister of Finance with any documents that are necessary for his submission to the Legislative Assembly under section 32(1) of the Act. Regulation 50 Tonga Climate Change Fund Regulations 2024 Page 32 to PART XV – FINANCE 50 Resources of the Secretariat (1) The Chief Executive Officer shall ensure that the Secretariat and working committees of the Fund are provided with the necessary resources to carry out their functions under the Act. (2) In resourcing the Secretariat and working committees of the Fund, the Chief Executive Officer shall select the most cost effective and energy efficient options, having due regard to the likely impact of an activity on the environment. (3) All expenditures by the Secretariat or working committees of the Fund, shall be consistent with financial and applicable policies of the Fund. (4) For the purposes of clarity, a reference to the “Secretariat” under this regulation shall also be a reference to a “Joint Secretariat” where one is established under section 14 of the Act. 51 Approved activities and expenditures (1) Approved activities and expenditures for project activities are – (a) civil works (related to large infrastructure projects); and (b) goods and materials. (2) Notwithstanding sub-regulation (1), the following activities and expenditures for project activities may be approved by the Management Committee on a case-by-case basis, where such an activity or expenditure is properly justified – (a) administration costs of a project implementer; (b) labour costs related to implementation of a project; (c) consultancy services or fees; (d) equipment; (e) service delivery contracts; (f) technical assistance; and (g) workshops. (3) Approved activities and expenditures for the Secretariat and working committees of the Fund are – (a) stationery; (b) meeting fees, approved in accordance with the Act; (c) at rates recommended by the Secretariat and approved by the Management Committee – Tonga Climate Change Fund Regulations 2024 Regulation 52 to Page 33 (i) local and international travel and per diem to meetings, conferences and activities related to climate change; (ii) consultancy services or fees; and (iii) audit fees of the independent auditor appointed under section 29 of the Act; (d) office equipment; (e) workshops; (f) technical assistance; and (g) goods. (4) The Cabinet may, in consultation with the Minister and Minister of Finance, approve any other activities or expenditures for which monies from the Fund may be expended, Provided that any approved activity or expenditure shall be consistent with the objectives of the Fund established in section 5 of the Act. 52 Prohibited activities and expenditure for use of the Fund Prohibited activities and expenditures for use of the Fund are – (a) customs duty; (b) salary of a public officer; (c) vehicles; (d) scholarships; (e) operational and maintenance expenditures including – (i) utilities; and (ii) fuel; (f) weapons of any kind; or (g) expenditures related to political campaigns. 53 Determination of meeting fees of the Complaints Committee (1) The Cabinet shall, in consultation with the Remuneration Authority, approve the level of meeting fees which is appropriate for members of the Complaints Committee, taking into account the profession and level of expertise of each member. (2) Where the Act requires the Management Committee to establish any type of fee to be paid from the Fund, the process for the determination of fees shall be in accordance with rules of procedure of the Management Committee. Regulation 54 Tonga Climate Change Fund Regulations 2024 Page 34 to 54 Procurement for projects (1) Together with a project implementer, the Secretariat shall prepare the following documents in respect of a project – (a) project implementation schedule; and (b) project procurement plan. (2) Except where special procurement rules are prescribed by regulations made under the Act, the procurement of goods and services for a project shall be carried out in accordance with – (a) an instrument approved and signed by the Minister of Finance under section 22 of the Public Finance Management Act; or (b) a specific donor’s procurement policies and procedures. (3) The procurement process shall be managed by the Ministry of Finance and Secretariat and shall depend on the following factors – (a) nature and financial competence of the project implementer; (b) overall cost of the project; (c) total value of goods and services required to be procured; (d) whether the project implementer is a private contractor, Government Ministry or agency, or Non-Government Organisation; and (e) release of funds from the Ministry of Finance. (4) Once a detailed budget and procurement plan is prepared for a project and approved by the Management Committee, the Management Committee through the Secretariat shall request from the Ministry of Finance the relevant amount or amounts to be disbursed, as and when they become due. 55 Disbursement of project funds (1) The request for release of funds in respect of a project shall be comprised of the following documents – (a) written resolution of the Management Committee which has been signed by two authorised signatories, in accordance with section 25(2) of the Act; (b) details of the budget status; and (c) a properly authorised voucher or such other documentation from the Secretariat, signed by the Chief Executive Officer of the Ministry responsible for climate change or designate. (2) Upon receiving the documents in sub-regulation (1), the Ministry of Finance shall process and disburse the payment in accordance with the internal processes of the Ministry of Finance. (3) Funds shall not be paid to a project implementer but paid directly to a supplier of procured goods or contractor for services for a project. Tonga Climate Change Fund Regulations 2024 Regulation 56 to Page 35 PART XVI – THE COMPLAINTS PROCESS 56 Lodging of complaints (1) A person may lodge a written complaint, addressed to the chair of the Complaints Committee, pursuant to section 38 of the Act. (2) A complaint shall be lodged with the Secretary of the Complaints Committee within 15 days of a decision being made by an entity under the Act or the event (which is the subject of the complaint) occurred. (3) The Complaint Form to be submitted by a complainant is prescribed in Schedule 15. (4) A complainant may, in support of the claim, provide any additional documents which are not listed on the Complaint Form. (5) The Management Committee shall make a final decision on a complaint within 21 days of a complaint being lodged, or within 21 days of additional information being requested from a complainant, whichever occurs later. 57 Criteria for decisions of the Complaints Committee (1) The Complaints Committee shall establish criteria for its decision making. (2) Criteria established by the Complaints Committee in sub-regulation (1) shall be incorporated into its Rules of Procedure and approved by Cabinet. 58 Vexatious or frivolous complaints The Complaints Committee shall dismiss any complaints that are, in its opinion, vexatious or frivolous. PART XVII – DESIGNATION OF OFFICERS 59 Designated officers to be issued with photo identification (1) A person who is designated as an accountable officer under section 41 of the Act shall be issued with a photo identification as set out in Schedule 16. (2) The issuance of a photo identification to a designated officer shall be administered by the Secretariat. Regulation 60 Tonga Climate Change Fund Regulations 2024 Page 36 to PART XVIII – OFFENCES 60 Provision of false or inaccurate information (1) A person who provides false or inaccurate information under these regulations commits an offence. (2) A person who contravenes sub-regulation (1) shall on conviction be liable to a fine of up to $2,000 or a term of imprisonment of up to 3 months, or both. 61 Failure to keep records (1) A person who fails to keep a record which is required under these regulations commits an offence. (2) A person who contravenes sub-regulation (1) shall on conviction be liable to a fine of up to $2,000 or a term of imprisonment of up to 3 months, or both. 62 Misuse of project funds or materials (1) A person who uses project funds or materials for purposes other than what was agreed by the parties to a Project Implementation Agreement commits an offence. (2) A person who contravenes sub-regulation (1) shall on conviction be liable to a fine of up to $10,000 or a term of imprisonment of up to 12 months, or both. (3) A person who is convicted of an offence under this provision shall, in addition to the penalty imposed, be required to return any project funds or materials to the Management Committee. PART XIX – MISCELLANEOUS 63 Transitional matters (1) Notwithstanding any other provision to the contrary, the following provisions shall apply only in the first fund project cycle following the commencement of these regulations – (a) the Management Committee shall determine and publish the appropriate dates for the first fund project cycle; and (b) the Management Committee shall determine any special rules which will apply after the Minister’s declaration of national priorities and during the first fund project cycle. (2) Publication of the appropriate dates for the first project cycle shall be – (a) on a radio station which is widely accessed by the public; Tonga Climate Change Fund Regulations 2024 Regulation 64 to Page 37 (b) in a newspaper of general circulation in Tonga; or (c) on the website of the Ministry. 64 Records to be maintained (1) Records of the governing bodies established under the Act, whether in hard copy of electronic form, shall be kept by the Secretariat for a period of at least 7 years. (2) Records of governing bodies shall include, but not be limited to – (a) minutes of an official meeting; (b) financial statements and auditor’s reports; (c) transaction records; (d) bank documents and statements; (e) formal communications (including between members and between committees); (f) directives of the Management Committee; (g) authorisation letters, vouchers or other such documents; (h) Cabinet decisions or approvals in relation to matters under the Act or these regulations; (i) letters of delegation; (j) instruments of designation made under the Act; or (k) signed copies of a Project Implementation Agreement. (3) Official records of the Fund which are held by the Secretariat, including the documents in sub-regulation (2), shall not be released except – (a) in relation to a function or process under the Act or these regulations; or (b) where not related to a function or process under the Act, with the written consent of the Chief Executive Officer. 65 Capacity building (1) The Secretariat shall ensure that during implementation of a project, capacity building of stakeholders will take a variety of forms, including – (a) direct training; (b) coaching; and (c) mentoring. (2) Pursuant to section 13(3)(b) of the Act, capacity building should aim to strengthen national capacity for the management, utilisation and monitoring of the Fund, in areas such as, – (a) preparing an application for accreditation or project funding; Regulation 66 Tonga Climate Change Fund Regulations 2024 Page 38 to (b) meeting eligibility criteria; (c) improving communication skills for effective community participation and engagement; (d) understanding gender requirements and ensuring the meaningful participation and benefits for women, men, children and vulnerable groups; (e) community organising; (f) management competencies; (g) preparation of reports prescribed under the Act; (h) technical skills for construction and maintenance; and (i) monitoring skills. (3) The Secretariat shall take into account the following when developing capacity building initiatives – (a) to the extent possible, the different learning needs of men and women shall be recognised and considered in designing all capacity development activities; (b) the Secretariat shall develop an appropriate system to guide regular monitoring and evaluation of capacity building efforts; and (c) lessons learnt shall be used as input for capacity building and supporting plans and activities in subsequent years. 66 Review of Act, regulations or Operational Manual (1) The Chief Executive Officer shall be responsible for initiating the review of the Act, these regulations and the Operational Manual made under the Act. (2) The Chief Executive Officer shall endeavour to consult with all relevant line Ministries and community stakeholders during the review process. (3) Any proposed changes to policy direction shall be submitted to the Cabinet for confirmation. Made in Nuku‘alofa on this 13th day of September 2024. Hon. Fekitamoeloa ‘Utoikamanu Minister responsible for Climate Change Tonga Climate Change Fund Regulations 2024 SCHEDULE 1 to Page 39 SCHEDULE 1 (Regulation 6(2)) FUND PROJECT CYCLE TIMELINE Although the Secretariat and working committees of the Fund shall endeavour to follow the general timeframes set out below, in consultation with the Secretariat and subject to the Act, the Management Committee may vary this timeline from time to time: No. Event Dates Duration / Timeline 1. Declaration of national priorities Marks the start of a fund project cycle A fund project cycle shall run for a period of 2 years from the date of declaration of national priorities 2. Annual General Meeting of the Management Committee (MC) Must occur in January of a calendar year Once per year 3. Meetings of the MC Must occur least 4 times per year (including the Annual General Meeting) These shall occur quarterly to enable the quarterly assessment and approval of accreditation and applications for project funding. 4. Design Fund Programme Budget Following the declaration of national priorities This is prepared by the Secretariat at the start of each Fund Project Cycle for approval by the MC. 5. Applications for accreditation 1 calendar month During the fourth quarter of the year (in the year preceding project application call) or as presribed by the SCHEDULE 1 Tonga Climate Change Fund Regulations 2024 Page 40 to MC 6. Call for project applications 1 calendar month During the first quarter of the year 7. Secretariat to log into MIS and conduct initial assessment Within 7 days During the first quarter of the year 8. Project applications submitted to Technical Committee (TC) Within 7 days During the first quarter of the year 9. TC to conduct assessment and provide recommendations to the National Climate Change Co-ordinating Committee (NCCC) Within 7 days During the first quarter of the year 10. NCCC to conduct assessment and provide recommendations to the MC Within 14 days During the second quarter of the year 11. MC to consider recommendations of the TC and NCCC and conduct assessment. MC to approve or reject project applications. Within 14 days During the second quarter of the year 12. Parties notified of outcome of project applications Within 3 days During the second quarter of the year 13. Project implementers to sign a Project Implementation Agreement with MC Within 3 days During the second quarter of the year 14. Secretariat to forward the resolution of the MC and payment voucher to MFP Within 3 days During the second quarter of the year Tonga Climate Change Fund Regulations 2024 SCHEDULE 1 to Page 41 for release of project funding to suppliers of each approved project 14. Each project commences Parties commence projects according to Project Implementation Agreement During the second quarter of the year 15. Continuous monitoring by Secretariat or Joint Secretariat Project implementation is monitored by the Secretariat or Joint Secretariat throughout the implementation period In accordance with Project Implementation Agreement and TCCF Operational Manual 16. Project completion At the end of the implementation period, the project is assessed before formally declared complete In accordance with TCCF Operational Manual SCHEDULE 2 Tonga Climate Change Fund Regulations 2024 Page 42 to SCHEDULE 2 (Regulation 7(2)) DESIGN OF FUND PROGRAMME BUDGET TONGA CLIMATE CHANGE FUND – FUND PROGRAMME BUDGET FOR PROJECT FUND CYCLE [START DD/MM/YYYY – END DD/MM/YYYY] NATIONAL CLIMATE CHANGE PRIORITY CLIMATE CHANGE THEMATIC AREA PROGRAMME ENVELOPE ALLOCATION (TOP) IDENTIFIED OR POTENTIAL PROJECT AREAS EST. PROJECT COSTS (TOP) NUMBER OF BENEFICIARIES Insert declared priority Insert applicable climate change thematic area Insert amount of the programme envelope allocation Insert project name Estimated cost No. of beneficiaries Insert project name Estimated cost No. of beneficiaries Insert project name Estimated cost No. of beneficiaries Insert project name Estimated cost No. of beneficiaries Eg. Resilient Coastal Development Coastal Resilience $10,780,000 Community Mangrove Project $1,500,000 300 Mitigation Government of Tonga Mangrove Project $3,500,000 20 Disaster Risk Reduction Climate Smart Tourism Project $900,000 31 Livelihoods Climate Resilient Buildings and Recovery Project $4,880,000 68 Tonga Climate Change Fund Regulations 2024 SCHEDULE 3 to Page 43 SCHEDULE 3 (Regulation 10(1)) APPLICATION FORM FOR ACCREDITATION APPLICATION FORM FOR ACCREDITATION UNDER THE TONGA CLIMATE CHANGE FUND ACT 2O21 MINISTRY RESPONSIBLE FOR CLIMATE CHANGE Complete this form if you wish to apply for accreditation under section 33 of the Tonga Climate Change Fund Act 2021 Please request a copy and read the TCCF Instructions before completing this Application for Accreditation Form. This Form must be completed in English or Tongan. All questions MUST BE ANSWERED or the proposal will not be considered for funding. If the space provided is not enough, please attach a separate piece of paper for each question. Supporting materials such as letters, photographs or diagrams may be attached. IF YOU HAVE ANY QUESTIONS ABOUT THE FORM, PLEASE CONTACT: The Secretariat Tonga Climate Change Fund Department of Climate Change Ministry of Energy, Information, Disaster Management, Environment, Communication and Climate Change (MEIDECCC) Telephone: ............................. Fax: ............................. Email: ............................. THE SECRETARIAT WILL ACKNOWLEDGE THE RECEIPT OF THE APPLICATION AND PROVIDE A PROJECT APPLICATION NUMBER SCHEDULE 3 Tonga Climate Change Fund Regulations 2024 Page 44 to PART A – ENTITY INFORMATION 1. CONTACT DETAILS Name of contact person: Position: Address: Telephone number: Email: 2. ENTITY TYPE Official name of entity applying for accreditation Please indicate the category which applies to the entity. Please provide evidence in support. Government Ministry Registered company Registered NGO Registered Charitable Organisation Recognised Community Group Who manages or is responsible for decision making in your entity? Minister Director / Chief Executive Officer Board District council / Committee Village council / Committee Other Please describe: ………………………………………………….. ………………………………………………….. 3. PROJECT INTEREST Please provide a brief description of the types of projects that your entity will be interested in implementing, if the entity is accredited 4. LEVEL OF COVERAGE Please describe the level at which your entity operates and the likely beneficiaries for your entity’s projects Village / District level Island level National level 5. PERSONNEL How many staff are employed by your entity? What types of technical skills do they have? Tonga Climate Change Fund Regulations 2024 SCHEDULE 3 to Page 45 6. BUDGET Does your entity receive a regular/recurrent budget? Please describe the main source(s) of income? Yes No Main source(s) of income: ………………………………………………….. 7. FIDUCIARY MANAGEMENT Who manages the finances/ funding in your entity? Who prepares financial statements? Are the financial statements audited? What is the name of your auditor? PART B – TRAINING OF PERSONNEL Should your application be successful, please nominate 3-5 members (at least one of whom shall be a woman), to receive specific training on aspects of the Tonga Climate Change Fund Act 2021 and who will liaise closely with the Secretariat on behalf of your entity CEO / Chair Member 1 Member 2 Member 3 (optional) Member 4 (optional) Name: Position in entity: Full Address: Email: Telephone: PART C – NON-GOVERNMENT ORGANISATIONS AND COMMUNITY GROUPS This Part should be completed by Non-Government entities only. Please provide references from the community for your entity. Attach each reference to this application form. BRIEF DESCRIPTION OF YOUR NGO OR COMMUNITY GROUP When was your entity or group formed? What is the purpose and activities SCHEDULE 3 Tonga Climate Change Fund Regulations 2024 Page 46 to of your entity or group? Do you have a community development plan? If so, please describe what it is and provide a copy Yes No Please describe: …………………………………………… Has your entity adopted one or more policies related to climate change, disaster risk reduction or national resilience? If so, please describe what it is and provide a copy Yes No Please describe: …………………………………………… …………………………………………… First Referee Second Referee Name: Organisation: Position: Address (full address): Email: Telephone: How is this person known to you/your organisation? PART D – SIGNATURE Should this application be successful I, ........................................, the AUTHORISED REPRESENTATIVE OF THE APPLICANT ENTITY, hereby confirm that the information provided in this application are true and correct to my knowledge and belief. I also undertake to: ✓ Comply fully with requirements of the Tonga Climate Change Fund Act 2021, regulations made under the Act and the Operational Manual for the Fund ✓ Liaise with the Secretariat from time to time, as required ✓ Ensure that members of the entity are available for training provided by the Fund, as applicable Full name: ........................................................ Position in the Organisation……........................ Date: …………………… Tonga Climate Change Fund Regulations 2024 SCHEDULE 3 to Page 47 SUBMISSION CHECKLIST Before submitting your application, please check and confirm the following supporting documents have been provided: Government Ministry NGO or Community Group Evidence of entity type - Letter of support from the Minister or Chief Executive Officer Evidence of entity type – Certificate of incorporation or Letter of Recognition from Ministry of Internal Affairs Community Development Plan or adopted policy Letters of support from the community PLEASE SUBMIT YOUR APPLICATION TO: THE SECRETARIAT - TONGA CLIMATE CHANGE FUND DEPARTMENT OF CLIMATE CHANGE MINISTRY OF METEOROLOGY, ENERGY, INFORMATION, DISASTER MANAGEMENT, ENVIRONMENT, CLIMATE CHANGE AND COMMUNICATION (MEIDECC) NUKU’ALOFA FOR OFFICE USE ONLY: Date application received: Name of receiving officer: Details recorded in database: Y / N Accreditation Application number issued: SCHEDULE 4 Tonga Climate Change Fund Regulations 2024 Page 48 to SCHEDULE 4 (Regulation 16(1)) CERTIFICATE OF ACCREDITATION MINISTRY RESPONSIBLE FOR CLIMATE CHANGE CERTIFICATE OF ACCREDITATION Accreditation No.: / 20 Pursuant to section 33 of the Tonga Climate Change Fund Act 2021, I hereby approve [insert applicant’s name] which is a [Government Ministry or Agency / Registered Non-Profit Organisation / Registered Company / Recognised Community Group ] as an ACCREDITED ENTITY under the Act. Subject to a revocation under regulation 18 of the Tonga Climate Change Fund Regulations, this accreditation shall be valid until ……………………[4 years from date of issuance] Issued at Nuku’alofa on this ……………… day of ……………………[month], 20….... [year]. ………………………………………………………………. Honourable Minister responsible for climate change Chair, Management Committee Tonga Climate Change Fund Regulations 2024 SCHEDULE 5 to Page 49 SCHEDULE 5 (Regulation 17(3)) CERTIFICATE OF RENEWAL OF ACCREDITATION MINISTRY RESPONSIBLE FOR CLIMATE CHANGE CERTIFICATE OF RENEWAL OF ACCREDITATION Accreditation No.: / 20 Pursuant to section 33 of the Tonga Climate Change Fund Act 2021, I hereby approve the RENEWAL OF ACCREDITATION of [insert applicant’s name] which is a [Government Ministry or Agency / Registered Non-Profit Organisation / Registered Company / Recognised Community Group]. Subject to a revocation under regulation 18 of the Tonga Climate Change Fund Regulations of the, this renewal of accreditation shall be valid until ……………………[4 years from date of issuance of renewal] Issued at Nuku’alofa on this ……………… day of ……………………[month], 20….... [year]. ………………………………………………………………. Honourable Minister responsible for climate change Chair, Management Committee SCHEDULE 6 Tonga Climate Change Fund Regulations 2024 Page 50 to SCHEDULE 6 (Regulation 18(3)) APPLICATION FOR REVOCATION OF ACCREDITATION MINISTRY RESPONSIBLE FOR CLIMATE CHANGE REVOCATION OF ACCREDITATION Application for revocation No.: / 20 Pursuant to regulation 18 of the Tonga Climate Change Fund Regulations, I hereby APPLY FOR THE REVOCATION OF ACCREDITATION of [insert applicant’s name] which is a [Government Ministry or Agency / Registered Non Profit Organisation / Registered Company / Recognised Community Group ]. This application is made on the following grounds: ………………………………………. ………………………………………. ………………………………………. ………………………………………. APPLICANT’S NAME DESIGNATION ADDRESS DATE Received by (officer): Tonga Climate Change Fund Regulations 2024 SCHEDULE 7 to Page 51 SCHEDULE 7 (Regulation 18(4)) REVOCATION OF ACCREDITATION MINISTRY RESPONSIBLE FOR CLIMATE CHANGE REVOCATION OF ACCREDITATION Revocation No.: / 20 Pursuant to regulation 18 of the Tonga Climate Change Fund Regulations, I hereby REVOKE THE ACCREDITATION of [insert applicant’s name] which is a [Government Ministry or Agency / Registered Non-Profit Organisation / Registered Company / Recognised Community Group]. This revocation shall be effective immediately. Unless otherwise directed, the [insert entity name] is hereby directed to return all project materials, equipment and resources purchased by the Fund to the Secretariat. Issued at Nuku’alofa on this ……………… day of ……………………[month], 20….... [year]. ………………………………………………………………. Honourable Minister responsible for climate change Chair, Management Committee SCHEDULE 8 Tonga Climate Change Fund Regulations 2024 Page 52 to SCHEDULE 8 (Regulation 20(1)) TONGA CLIMATE CHANGE FUND APPLICATION FORM FOR PROJECT FUNDING APPLICATION FORM FOR PROJECT FUNDING UNDER THE TONGA CLIMATE CHANGE FUND ACT 2O21 MINISTRY RESPONSIBLE FOR CLIMATE CHANGE Complete this form if you wish to apply for project funding under section 34 of the Tonga Climate Change Fund Act 2021 Please request a copy and read the TCCF Instructions before completing this Application Form. This Form must be completed in English or Tongan. All questions MUST BE ANSWERED or the proposal will not be considered for funding. If the space provided is not enough, please attach a separate piece of paper for each question. Supporting materials such as letters, photographs or diagrams may be attached. IF YOU HAVE ANY QUESTIONS ABOUT THE FORM, PLEASE CONTACT: The Secretariat Tonga Climate Change Fund Department of Climate Change Ministry of Energy, Information, Disaster Management, Environment, Communication and Climate Change (MEIDECCC) Telephone: ….......................... Fax: ............................. Email: ............................. THE SECRETARIAT WILL ACKNOWLEDGE THE RECEIPT OF THE APPLICATION AND PROVIDE A PROJECT APPLICATION NUMBER PART A – PROJECT INFORMATION Tonga Climate Change Fund Regulations 2024 SCHEDULE 8 to Page 53 1. PROJECT TITLE Please provide a descriptive title (no more than 10 words) 2. ACREDITED ENTITY DETAILS Name: Accreditation no.: Address: Telephone number: Website: Email: 3. CONTACT DETAILS Name: Position: Address: Telephone number: Email: 4. PROJECT LOCATION Please indicate target project area and attach a location map and list if needed. National Island Group Specific (provide map and list of islands and communities) Village or Community Specific ( name and provide map) Other 5. PROJECT ALIGNMENT WITH NATIONAL CLIMATE CHANGE PRIORITIES Please indicate which priorities the project will address. [insert declaration] [insert declaration] [insert declaration] 6. PROJECT PURPOSE Write one sentence that clearly sets out the aim of the project, reflecting the “change” it will help bring about 7. CONTEXT AND NEED FOR PROJECT In no more than 200 words, provide the background and context to the issues this project will address and why the Tonga Climate Change Fund should fund this project. 8. PROJECT SUMMARY In no more than 200 words, explain: SCHEDULE 8 Tonga Climate Change Fund Regulations 2024 Page 54 to (a) what the project plans to achieve; (b) how proposed activities will deliver stated outputs; and (c) how stated outputs will help bring about the project purpose. How does the project contribute to achieving one or more of the resilient targets under JNAP? (Note: This question will be looked at again during any Evaluation of this project. The success of the project will largely be judged on what is said here) 9. PROJECT BENEFICIARIES State who the main beneficiary groups are. How many women, men, children and vulnerable groups will be impacted, directly and indirectly? PART B – PROJECT PLAN 10. PROJECT PLAN Based on the information provided in the Project Summary, describe below the – (a) purpose; (b) outputs; and (c) activities the project is designed to deliver. PURPOSE Indicator(s): Baseline Sources Milestones Target & Date OUTPUT 1: Baseline Sources Milestones Target & Date Activities linked to Output 1 OUTPUT 2: Indicator(s) Baseline Sources Milestones Target & Date Tonga Climate Change Fund Regulations 2024 SCHEDULE 8 to Page 55 Activities linked to Output 2 (Add more lines as needed) PART C – PROJECT COSTS AND FINANCING 11. TOTAL COST What is the TOTAL cost of the Project? Please detail the cost to the Tonga Climate Change Fund and, if relevant, the cost to co-funders. TCCF Funding requested Co-financing 12. CO-FUNDING If relevant, please provide the name and contact details of any co-funders, including funding source and amount. If there are no co-funding arrangements, please explain why the Tonga Climate Change Fund should fund this project in full. 13. SUMMARY PROJECT COSTS AND FINANCING Itemised preliminary budget in Tongan Pa’anga identifying how funding is allocated to each project Output. Output Activity TCCF Co-Funding Total Output 1 1.1 1.2 1.3 Output 2 1.1 1.2 Total PART D – IMPLEMENTATION AND PROJECT MANAGEMENT 14. IMPLEMENTING PARTNER In no more than 200 words, describe how the accredited entity proposes to implement and manage the project (include the organisational chart) 15. IMPLEMENTATION SCHEDULE Provide a table or schedule which outlines important milestones for the delivery of the project PART E – SIGNATURE SCHEDULE 8 Tonga Climate Change Fund Regulations 2024 Page 56 to Should this application be successful I, ........................................, the AUTHORISED REPRESENTATIVE OF THE APPLICANT, hereby undertake to: Assist the Secretariat in the development of the Project Assessment Document Meet the reporting requirements of the project Publicly acknowledge the Tonga Climate Change Fund for provision of funding for the project Accept and co-operate with authorised personnel who are monitoring the project Make no changes to the project without consultation with the Secretariat Not to use project funds for anything other than what is stated in the Project Implementation Agreement Full name: ........................................................ Position in the Organisation……........................ Date: …………………… SUBMISSION CHECKLIST Before submitting your application, please check and confirm the following: Project meets project eligibility criteria Application proposes eligible activities to be conducted Supporting Evidence that Applicant is supported by beneficiaries or AE has a legal mandate for implementing project (ie in the case of a Government AE) None of the non-eligible activities and inputs are included. PLEASE SUBMIT YOUR APPLICATION TO: THE SECRETARI–T - TONGA CLIMATE CHANGE FUND DEPARTMENT OF CLIMATE CHANGE MINISTRY OF METEOROLOGY, ENERGY, INFORMATION, DISASTER MANAGEMENT, ENVIRONMENT, CLIMATE CHANGE AND COMMUNICATION (MEIDECC) NUKU’ALOFA FOR OFFICE USE ONLY: Date application received: Name of receiving officer: Details recorded in database: Y / N Project Application number issued: Tonga Climate Change Fund Regulations 2024 SCHEDULE 9 to Page 57 SCHEDULE 9 (Regulation 20(4)(a)) SUBMISSION CHECKLIST Criteria Yes No 1. Project meets eligibility criteria 2. Application proposes eligible activities to be conducted If Yes, please indicate Category and type of activity; (i) Adaptation (ecosystem resilience, water and food security) (ii) Mitigation (solar rooftops) (iii) Loss and Damage (climate proofing of infrastructure i.e. evacuation road, centre) (iv) Cross cutting (awareness and capacity building) 3. Additionality is demonstrated. How does the proposed project promote climate change resilience in the community. 4. Capacity to finalize the activity, on time and budget, is also demonstrated. 5. Applicant is supported by beneficiaries 6. None of the noneligible activities and inputs are included. Note: Wording which appears in brackets in the above table are only for the purposes of assisting applicants. SCHEDULE 10 Tonga Climate Change Fund Regulations 2024 Page 58 to SCHEDULE 10 (Regulation 20(4)(b)) SUMMARY OF THE APPLICATION PROCESS APPLICATION FOR ACCREDITATION CALLS FOR APPLICATION FOR ACCREDITATION Fourth Quarter SUBMISSION OF APPLICATIONS Application form together with supporting documents INITIAL SCREENING FOR COMPLIANCE Conducted by Secretariat Accreditation application number issued ASSESSMENT BY TECHNICAL COMMITTEE Assessment conducted and recommendations provided FINAL DETERMINATION BY MANAGEMENT COMMITTEE Grant or Denial of Accreditation APPLICATION FOR RENEWAL OF ACCREDITATION At the expiration of the period of validity, the entity may apply for a renewal of accreditation, which shall follow the same process CERTIFICATE OF ACCREDITATION Certificate issued to the accredited entity ACCREDITATION APPROVED Applicant is notified by Secretariat within 3 working days ACCREDITATION NOT APPROVED Applicant is notified by Secretariat within 3 working days. Applicant may re-submit application with new information at next call for accreditation Tonga Climate Change Fund Regulations 2024 SCHEDULE 10 to Page 59 APPLICATION FOR PROJECT FUNDING APPLICATION APPROVED Applicant is notified by Secretariat within 3 working days SUBMISSION OF APPLICATIONS Only accredited entity may apply Submit application form together with Certificate of Accreditation and other supporting documents INITIAL SCREENING FOR COMPLIANCE Conducted by Secretariat Project funding application number issued ASSESSMENT BY TECHNICAL COMMITTEE Assessment conducted Recommendations and ranking provided FINAL DETERMINATION BY MANAGEMENT COMMITTEE Grant or Denial of Application for Project Funding APPLICATION NOT APPROVED Applicant is notified by Secretariat within 3 working days. Applicant may re-submit application with new information at next call for projects PROJECT IMPLEMENTATION AGREEMENT SIGNED Project Implementer signs PIA with Ministry responsible for climate change CALLS FOR APPLICATION FOR PROJECT FUNDING Fourth Quarter ASSESSMENT BY NATIONAL CLIMATE CHANGE CO-ORDINATING COMMITTEE Assessment conducted Recommendations and ranking provided PROJECT IMPLEMENTATION / MONITORING COMMENCES Project is implemented in accordance with PIA. Monitoring and Evaluation takes place until the Project is completed. SCHEDULE 11 Tonga Climate Change Fund Regulations 2024 Page 60 to SCHEDULE 11 (Regulation 26(5)) RANKING MATRIX Ranking performed by the TC / NCCC at its meeting held on ……/……./……. Project application number (from MIS) Ranking criteria P1 P2 P3 P4 …. All projects received 1. How the project positively helps climate resilience of beneficiary community 2. Environmental value: project’s impact on the environment 3. Project’s long-term sustainability 4. Positive impact of project on beneficiary community 5. Population of beneficiary community women, men, children and vulnerable groups 6. Specific positive impact on women and children in the beneficiary community 7. Location of proposed project 8. In kind support offers such as materials, labour, land and fund matching 9. Per head cost of the project = total cost of project/population of beneficiary community 10. Additional special benefits (e.g. small community with project that improves very large area of mangroves thereby benefiting other neighbouring communities). TOTAL SCORE: Recommendation for implementation: Rank Total score Project number Project name Location 1. 2. 3. Tonga Climate Change Fund Regulations 2024 SCHEDULE 11 to Page 61 4. … Signed by …………………………… SECRETARIAT GUIDE Responses should be based on data provided. The following point system should be used: Points/scores 0 1 2 3 4 (a) How does the project contribute to achieving resilient targets in JNAP, NDC, LT-LEDS? Not helpful Somewhat helpful Moderately helpful Helpful Very Helpful (b) Project’s long term sustainability Very unsustainable Somewhat sustainable Moderately sustainable Sustainable Very Sustainable (c) Positive impact of project on beneficiary community (environment al, social and economic) Very negative impact Negative impact Moderate impact Either way Positive Impact Very positive impact (d) Population of beneficiary community (equal representatio n of men, women, youth and disabled) <50 50-200 200-500 500-1000 >1000 (e) Specific positive impact on men, women, children, disabled and vulnerable groups. Very negative impact Negative impact Moderate impact Either way Positive impact Very positive impact (f) Location of proposed project Tongatapu project Outer island project with population 1,000 Outer island project with population >1000 (g) In kind support offers such as materials, No support Very insignificant support Moderate support Positive support Very significant support SCHEDULE 11 Tonga Climate Change Fund Regulations 2024 Page 62 to land and labour (h) Per head cost of the project = total cost of the project/popul ation community Very high per head cost High per head cost Moderate per head cost Low per head cost Very low per head cost (i) Additional special benefits (e.g. small community with project that improves very large area of mangroves thereby benefiting other neighboring communities) No benefits to other communities Somewhat beneficial to other communities Moderate benefits to other communities Positive benefits to other communities Very positive benefits to other communities The ranking matrix will be available for viewing by all interested parties. Tonga Climate Change Fund Regulations 2024 SCHEDULE 12 to Page 63 SCHEDULE 12 (Regulation 30(5)) TEMPLATE FOR PROJECT IMPLEMENTATION AGREEMENT PROJECT IMPLEMENTATION AGREEMENT BETWEEN THE MINISTRY RESPONSIBLE FOR CLIMATE CHANGE (MEIDECC) AND THE [NAME OF PROJECT IMPLEMENTER] AGREEMENT NUMBER: / 20 AGREEMENT is made on this ………… day of ……………., 20…. by and between the Ministry responsible for climate change, represented by its Chief Executive Officer (“the Ministry”) and ………………………………… , of …………………, Tongatapu (“ the Project Implementer”) (both hereafter collectively referred to as “the Parties”), in relation to the provision of and accountability for project funding under the Tonga Climate Change Fund Act 2021. RECITALS WHEREAS, AND WHEREAS, NOW THEREFORE, in consideration of the promises and premises set out herein, the Parties agree as follows – (a) Description of project (b) Expected outcomes (and how they relate to the declaration of national climate change priorities) (c) Commencement of project implementation and completion dates (d) Total project funding (e) Work schedule and key deliverables (f) Obligations of the Project Implementer (i) in-kind contributions; and (ii) co-financing of the project; (g) Reporting requirements (h) Monitoring and evaluation requirements SCHEDULE 12 Tonga Climate Change Fund Regulations 2024 Page 64 to (i) access to project site; (ii) access to project documents; (iii) cooperation with the Secretariat and Village Committee (if established); (i) Failure to complete project (j) Records to be kept (k) Variation to Agreement (l) Jurisdiction (m) Entire Agreement SIGNED by the authorised representatives of the Parties in duplicate at …………………… on the ……………… day of …………………………….., 20…….. ON BEHALF OF MINISTRY RESPONSIBLE ON BEHALF OF THE PROJECT IMPLEMENTER: FOR CLIMATE CHANGE: SIGNED BY: SIGNED BY: NAME: NAME: POSITION: POSITION: DATE: DATE: WITNESSED BY: WITNESSED BY: NAME: NAME: POSITION: POSITION: DATE: DATE: Tonga Climate Change Fund Regulations 2024 SCHEDULE 13 to Page 65 SCHEDULE 13 (Regulation 33(2)) REPORTING TEMPLATE FOR PROJECT IMPLEMENTER MINISTRY RESPONSIBLE FOR CLIMATE CHANGE KINGDOM OF TONGA REPORTING FORMS A, B and C. FORM A: MONTHLY MONITORING REPORT Community name (island): ............................................................ Project name: ............................................................ CRITERIA ASSESSMENT Materials arriving at the site are of good quantity and quality Yes No Comment: Supporting materials attached? Yes No Work provided by contractor is of good quality Yes No Comment: Supporting materials attached? Yes No All work has been completed as per Work Plan (this part of the form needs to be specifically developed for each Yes No Comment: Supporting materials attached? Yes No SCHEDULE 13 Tonga Climate Change Fund Regulations 2024 Page 66 to project, in collaboration between the Secretariat and the local village council or body responsible for endorsing the Community Development Plan (CDP), to include descriptions of all milestones and dates) Community participation (men and women) Yes No Comment: Supporting materials attached? Yes No Community in-kind contributions (men and women) Yes No Comment: Supporting materials attached? Yes No Complaints Yes No Comment: Supporting materials attached? Yes No Any other emerging issues? Attach pictures of construction process and progress; any community involvement; statements of community members; letters of complaint, if any, etc. Signed by members of the local Village Committee or Town Council (responsible for endorsing the CDP): Name Signature Tonga Climate Change Fund Regulations 2024 SCHEDULE 13 to Page 67 FORM B: ASSESSMENT OF COMPLETION Community name (island): ............................................................ Project name: ............................................................ CRITERIA ASSESSMENT 100% of the project is complete and allocated budget has been utilized in line with the project plan Yes No The project outcome can be used/operated by the community Yes No The project outcome can be maintained by the community Yes No The project will benefit individuals and groups as described in project documents Yes No There are no social conflicts as a result of the project Yes No All complaints related to the project are resolved Yes No For criteria that receives a “NO” assessment: please provide details: (Note: If any criteria above receives a “NO” assessment, the project should not be certified as completed satisfactorily) The project is assessed as completed satisfactorily: Yes No Signed by members of the local Village Committee or Town Council (responsible for endorsing the CDP): Name Signature FORM C: COMMUNITY FEEDBACK SCHEDULE 13 Tonga Climate Change Fund Regulations 2024 Page 68 to Community name (island): ............................................................ Project name: ............................................................ Once a project is assessed as completed, the Technical Committee and Secretariat must meet with the community at large in order to enable community members to provide feedback on the following: Quality of and satisfaction with the project Quality of and satisfaction with the community participation during the project Quality of and satisfaction with the support from the Secretariat and others that community received during the project Satisfaction with the transparency and accountability Overall “performance” of the project Lessons learnt Notes of the meeting: Tonga Climate Change Fund Regulations 2024 SCHEDULE 14 to Page 69 SCHEDULE 14 (Regulation 42(4)) IMPLEMENTATION COMPLETION MEMORANDUM MINISTRY RESPONSIBLE FOR CLIMATE CHANGE IMPLEMENTATION COMPLETION MEMORANDUM Project No.: / 20 PURSUANT to regulation 42 of the Tonga Climate Change Fund Regulations, I hereby confirm that the ......................... [insert project name] which was implemented by the ....................... [name of Project Implementer] has been evaluated by the Management Committee and is hereby CONFIRMED TO BE COMPLETED. Any unused project funds shall be treated in accordance with section 26 of the Tonga Climate Change Act 2021. Issued at Nuku’alofa on this ……………… day of ……………………[month], 20….... [year]. ………………………………………………………………. Honourable Minister responsible for climate change Chair, Management Committee ………………………………………………………………. [Name] Designation, [Name of Project Implementer] SCHEDULE 15 Tonga Climate Change Fund Regulations 2024 Page 70 to SCHEDULE 15 (Regulation 56(3)) COMPLAINT FORM MINISTRY RESPONSIBLE FOR CLIMATE CHANGE KINGDOM OF TONGA COMPLAINT FORM FILE IDENTIFICATION Date received: File number issued: Status of Complaint: New Complaint Related to previous complaint Specify file number issued: Source of Complaint: NGO/ Civil Society Member Government Official Private Sector / Contractor Community member CTWG CONTACT DETAILS Name: Village: Organisation: Position: Telephone: Email: COMPLAINT Subject of complaint: Tonga Climate Change Fund Regulations 2024 SCHEDULE 15 to Page 71 Summary of Complaint: Remedy sought: ACTIONS TAKEN AND PROGRESS Date action taken: Type of action: By whom: Status: Case closed Case progressed for resolution by Complaints Committee Date submitted to Complaints Committee: Decision of Complaints Committee: ADDITIONAL NOTES SCHEDULE 16 Tonga Climate Change Fund Regulations 2024 Page 72 to SCHEDULE 16 (Regulation 59(1)) PHOTO IDENTIFICATION OF AN ACCOUNTABLE OFFICER The Chief Executive Officer shall issue the following photo identification to a person who has been designated as an accountable officer pursuant to section 41 of the Act – FRONT: PHOTO Name: Date of Birth: P Ministry: Date Issue /Expiration: ID No.: Signature: BACK: THIS ID IS THE PROPERTY OF THE MINISTRY RESPONSIBLE FOR CLIMATE CHANGE (MEIDECC), TONGA You are hereby required to carry this identification at all times when you are exercising your powers under the Tonga Climate Change Fund Act 2021 and regulations promulgated under the Act. You must show this ID if you are requested by any person.

Tonga Climate Change Fund Regulations 2024 · Nelum