Circular Economy and Miscellaneous Provisions Act 2022

Circular Economy and Miscellaneous Provisions Act 2022 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2022 Circular Economy and Miscellaneous Provisions Act 2022 Circular Economy and Miscellaneous Provisions Act 2022 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 26 of 2022 CIRCULAR ECONOMY AND MISCELLANEOUS PROVISIONS ACT 2022 CONTENTS PART 1 Preliminary and General Section 1. Short title and commencement 2. Definitions 3. Regulations 4. Expenses 5. Repeals and revocations PART 2 Provisions relating to the circular economy 6. Interpretation (Part 2) 7. Circular economy strategy 8. Circular Economy Fund 9. Provisions relating to Environment Fund 10. Circular economy programme 11. Environmental levy 12. Payment etc. of environmental levy 13. Offences in relation to, recovery etc. of, environmental levy 14. Prohibition on sale of certain single-use items 15. National food waste prevention strategy PART 3 Amendments to Act of 1996 16. Amendment of section 5 of Act of 1996 17. Amendment of section 7 of Act of 1996 18. Amendment of section 10A of Act of 1996 19. Amendment of section 10B of Act of 1996 20. Operation of CCTV for certain purposes 21. Operation of mobile recording device by authorised person for certain purposes 22. Codes of practice for purposes of sections 14A and 14B 23. Admissibility of evidence obtained under section 14, 14A or 14B 24. Amendment of section 22 of Act of 1996 25. Amendment of section 27B of Act of 1996 26. Amendment of section 34 of Act of 1996 27. Amendment of section 34C of Act of 1996 28. Amendment of section 73 of Act of 1996 29. Waste recovery levy 30. Powers to make regulations in respect of end-of-waste and by-products processes PART 4 Amendments to Act of 1997 31. Amendment of section 2 of Act of 1997 32. Operation of CCTV for certain purposes 33. Code of practice for purposes of section 23A 34. Admissibility of evidence obtained under section 23A 35. Amendment of section 24 of Act of 1997 36. Amendment of section 28 of Act of 1997 PART 5 Natural Resources Chapter 1 Amendment of Minerals Development Act 1940 37. Amendment of section 8 of Minerals Development Act 1940 Chapter 2 Amendments to Minerals Development Act 2017 38. Amendment of section 17 of Minerals Development Act 2017 39. Amendment of section 65 of Minerals Development Act 2017 40. Amendment of section 66 of Minerals Development Act 2017 PART 6 Amendment of Environmental Protection Agency Act 1992 41. Amendment of section 87 of Environmental Protection Agency Act 1992 PART 7 Amendment of Electricity Regulation Act 1999 42. Amendment of Electricity Regulation Act 1999 Acts Referred to Climate Action and Low Carbon Development Act 2015 (No. 46) Communications Regulation (Postal Services) Act 2011 (No. 21) Companies Act 2014 (No. 38) Data Protection Act 2018 (No. 7) Education and Training Boards Act 2013 (No. 11) Electricity Regulation Act 1999 (No. 23) Environmental Protection Agency Act 1992 (No. 7) Litter Pollution Act 1997 (No. 12) Local Government Act 2001 (No. 37) Minerals Development Act 1940 (No. 31) Minerals Development Act 2017 (No. 23) Planning and Development (Amendment) Act 2018 (No. 16) Planning and Development Act 2000 (No. 30) Waste Management Act 1996 (No. 10) Number 26 of 2022 CIRCULAR ECONOMY AND MISCELLANEOUS PROVISIONS ACT 2022 An Act to provide for the making by the Minister for the Environment, Climate and Communications of a circular economy strategy; to provide for the establishment of the Circular Economy Fund; to make provision in relation to the Environment Fund; to provide for the establishment by the Environmental Protection Agency of a circular economy programme; to provide for a levy on certain single-use items; to provide for the prohibition on the supply of certain single-use items; to give further effect to Directive (EU) 2015/720 of the European Parliament and of the Council of 29 April 20151 and Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 20192 ; to provide for the making of a national food waste prevention strategy; to make provision for the use by local authorities of closed circuit television and mobile recording devices in certain circumstances and for that purpose to amend the Waste Management Act 1996 and the Litter Pollution Act 1997 ; to provide for the inclusion of targets in respect of re-used and repaired products and materials in waste management plans; to provide for the introduction of a requirement for segregated waste bins and incentivised charging for the commercial sector; to make provision in relation to the operation of the National Waste Collection Permit Office; to provide for a waste recovery levy; to provide for the making by the Minister for the Environment, Climate and Communications of regulations to regulate end-of-waste and by-product notifications to the Environmental Protection Agency; for the purpose of giving further effect to Directive 2008/98/EC of the European Parliament and of the Council of 19 November 20083 ; for those purposes to amend the Waste Management Act 1996 ; to provide for a prohibition on certain licences relating to coal, lignite and oil shale and for that purpose to amend the Minerals Development Act 1940 and the Minerals Development Act 2017 ; to make provision in respect of applications to the Environmental Protection Agency for licences, reviews of licences or revised licences in circumstances where an order under section 181(2)(a) of the Planning and Development Act 2000 has been made, or is proposed to be made, by a Minister of the Government for development comprising or for the purposes of the activity to which the application relates and for that purpose to amend the Environmental Protection Agency Act 1992 ; to give further effect to Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 20194 and for that purpose to amend the Electricity Regulation Act 1999 ; and to provide for related matters. [21st July, 2022] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title and commencement 1. (1) This Act may be cited as the Circular Economy and Miscellaneous Provisions Act 2022. (2) This Act, other than Part 7 , shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. Definitions 2. In this Act— “Act of 1996” means the Waste Management Act 1996 ; “Act of 1997” means the Litter Pollution Act 1997 ; “Agency” means the Environmental Protection Agency; “enactment” means— (a) an Act of the Oireachtas, (b) a statute that was in force in Saorstát Éireann immediately before the date of coming into operation of the Constitution and that continued in force by virtue of Article 50 of the Constitution, or (c) an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b); “local authority” has the meaning given to it by the Local Government Act 2001 ; “Minister” means the Minister for the Environment, Climate and Communications; “prescribed” means prescribed by regulations made by the Minister. Regulations 3. (1) The Minister may make regulations for the purpose of enabling any provision of this Act to have effect or to provide for any matter referred to in this Act as prescribed or to be prescribed and different regulations under this section may be made in respect of different classes of matter the subject of the prescribing concerned. (2) Without prejudice to the provisions of this Act, regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations concerned. (3) Every regulation made under this Act and every order made under section 8 (3) shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling the regulation or order is passed by either such House within the next 21 days on which that House sits after the regulation or order is laid before it, the regulations or order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Expenses 4. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas. Repeals and revocations 5. (1) Section 72 of the Act of 1996 is repealed. (2) Section 74 of the Act of 1996 is repealed. (3) The following statutory instruments are revoked: (a) Waste Management (Environmental Levy) (Plastic Bag) Order 2007 ( S.I. No. 62 of 2007 ); (b) Waste Management (Environmental Levy) (Plastic Bag) Regulations 2001 ( S.I. No. 605 of 2001 ). PART 2 Provisions relating to the circular economy Interpretation (Part 2) 6. In this Part— “circular economy” means an economic model and the policies and practices which give effect to that model in which— (a) production and distribution processes in respect of goods, products and materials are designed so as to minimise the consumption of raw materials associated with the production and use of those goods, products and materials, (b) the delivery of services is designed so as to reduce the consumption of raw materials, (c) goods, products and materials are kept in use for as long as possible thereby further reducing the consumption of raw materials and impacts harmful to the environment, (d) the maximum economic value is extracted from goods, products, and materials by the persons using them, and (e) goods, products and materials are recovered and regenerated at the end of their useful life; “Circular Economy Fund” means the fund established under section 8 ; “circular economy programme” has the meaning given to it by section 10 ; “circular economy strategy” has the meaning given to it by section 7 ; “climate action plan” has the meaning given to it by section 4 (1)(a) of the Climate Action and Low Carbon Development Act 2015 ; “environmental levy” has the meaning given to it by section 11 ; “lightweight plastic bag” means a plastic bag with a wall thickness less than 50 microns but does not include a very lightweight plastic bag; “material wastage”, in relation to a single-use item or class of single-use items, means the likelihood of the item or class to be discarded and become waste after the primary purpose for which it is used has been fulfilled; “National Biodiversity Action Plan” means the National Biodiversity Action Plan 2017-2021 published by the Government on 5 October 2017 or any document published by the Government which amends or replaces that plan; “National Development Plan” means the National Development Plan 2018-2027 published by the Government on 16 February 2018 or any document published by the Government which amends or replaces that plan; “National Disability Inclusion Strategy” means the National Disability Inclusion Strategy 2017-2021 published by the Government on 14 July 2017 or any document published by the Government which amends or replaces that strategy; “National Marine Planning Framework” means the National Marine Planning Framework within the meaning of section 69 (6) of the Planning and Development (Amendment) Act 2018 ; “National Planning Framework” means the National Planning Framework referred to in Chapter IIA of Part II of the Planning and Development Act 2000 ; “National Policy Statement on the Bioeconomy” means the National Policy Statement on the Bioeconomy published by the Government on 12 March 2018 or any document published by the Government which amends or replaces that statement; “oxo-degradable plastic” means plastic materials that include additives which catalyse the fragmentation of the plastic material into micro-fragments; “oxo-degradable plastic bag” means a plastic bag made of oxo-degradable plastic; “packaging” means any material, container or wrapping, used for or in connection with the containment, transport, handling, protection, promotion, marketing or sale of any product or substance, including such material, container or wrapping as may be prescribed; “plastic” means a polymer within the meaning of Article 3(5) of Regulation (EC) No. 1907/2006 of the European Parliament and of the Council5 , to which additives or other substances may have been added, and which is capable of functioning as a main structural component of bags; “plastic bag” means a bag, including, in particular, a lightweight plastic bag, oxo‑degradable plastic bag or very lightweight plastic bag, that— (a) is made wholly or in part of plastic, and (b) is suitable for use by a customer at the point of sale in a supermarket, service station or such other class or classes of retail premises as may be prescribed, other than a bag which falls within a class of bag specified in regulations under section 11 (1) as being a class of bag excepted from this definition; “premises” includes a building or any part of a building, any outdoor space surrounding or adjacent to the premises, whether or not used in conjunction with the premises, any land, premises, tent, caravan, or other temporary or moveable structure, ship or other vessel, aircraft, railway carriage or other vehicle (whether stationary or otherwise) and any storage container; “product” has the meaning given to it by section 5 of the Act of 1996; “re-usable” in relation to a product, means conceived, designed or placed on the market so as to accomplish, within a single life span of the product, multiple trips or rotations by being refilled for, or put to, the same purpose for which the product was conceived, designed or placed on the market; “re-usable alternative item” means a re-usable container, re-usable cup or re-usable packaging that is an alternative to a single-use container, single-use cup or single-use packaging, as the case may be; “relevant re-usable alternative item” means a re-usable alternative item that belongs to a class of re-usable alternative item prescribed under section 11 (1)(a)(v); “Roadmap for Social Inclusion” means the Roadmap for Social Inclusion 2020-2025 published by the Government on 14 January 2020 or any document published by the Government which amends or replaces that roadmap; “service station” has the meaning given to it by section 5 of the Act of 1996; “single-use container” means a container which— (a) is conceived, designed or placed on the market to hold food that is ready to be consumed without any further preparation such as by cooking, boiling or heating, and (b) is not re-usable, other than a container which falls within a class of container specified in regulations under section 11 (1) as being a class of container excepted from this definition; “single-use cup” means a cup which— (a) is conceived, designed or placed on the market to hold a beverage, and (b) is not re-usable, other than a cup which falls within a class of cup specified in regulations under section 11 (1) as being a class of cup excepted from this definition; “single-use item” means a single-use container, single-use cup, single-use packaging, a relevant re-usable alternative item or a plastic bag, as the case may be; “single-use packaging” means packaging which— (a) is conceived, designed or placed on the market, and (b) is not re-usable, other than packaging which falls within a class of packaging specified in regulations under section 11 (1) as being a class of packaging excepted from this definition; “supply”, in relation to a single-use item, includes the sale of the single-use item; “United Nations Sustainable Development Goals” means the United Nations Sustainable Development Goals 1 to 17 set out in the document entitled “Transforming our World: The 2030 Agenda for Sustainable Development, published by the UN Department of Economic and Social Affairs 2015” or any document which amends or replaces that document; “very lightweight plastic bag” means a plastic bag with a wall thickness less than 15 microns which is— (a) required for hygiene purposes, or (b) provided as primary packaging for loose food when this helps to prevent food wastage; “Waste Action Plan for a Circular Economy” means the Waste Action Plan for a Circular Economy 2020-2025 published by the Government on 4 September 2020 or any document published by the Government which amends or replaces that Plan. Circular economy strategy 7. (1) The Minister shall, prepare and submit to the Government for their approval, with such modifications (if any) as they consider appropriate, a strategy (in this Part referred to as a “circular economy strategy”) setting out the policy, objectives and priorities for the time being of the Government in relation to the circular economy. (2) The first circular economy strategy shall be prepared and submitted under subsection (1) not later than 6 months after the date on which this section comes into operation and thereafter a circular economy strategy shall be prepared and submitted under that subsection not less than once in every period of 3 years after the date on which the most recent circular economy strategy was published in accordance with subsection (8). (3) Before the Minister submits a circular economy strategy to the Government for their approval under this section, he or she shall— (a) consult with— (i) members of the public in such manner as he or she considers appropriate, (ii) such bodies, as he or she considers appropriate, representing economically or socially disadvantaged persons or persons who have a disability, and (iii) such other persons, if any, as he or she considers appropriate, in relation to the proposed strategy, and (b) ensure that a poverty impact assessment in respect of the strategy has been carried out. (4) The Minister shall, as soon as may be, after a circular economy strategy has been approved by the Government in accordance with this section cause that circular economy strategy to be laid before each House of the Oireachtas. (5) In making a circular economy strategy, the Minister shall, in particular, take the following into account: (a) the Waste Action Plan for a Circular Economy; (b) the climate action plan; (c) the National Biodiversity Action Plan; (d) the National Policy Statement on the Bioeconomy, including as it relates to technologies such as anaerobic digestion; (e) the National Disability Inclusion Strategy; (f) the Roadmap for Social Inclusion; (g) the Programme for Government; (h) the National Development Plan; (i) the National Planning Framework; (j) the National Marine Planning Framework; (k) the law of the European Union; (l) United Nations Sustainable Development Goals. (6) (a) For the purposes of the development of the circular economy, the circular economy strategy— (i) shall set out targets, in accordance with paragraph (b), in respect of each of the following sectors of the economy: (I) construction; (II) agriculture; (III) retail; (IV) packaging; (V) textiles; (VI) electronic equipment, (ii) may set out targets, in accordance with paragraph (b), in relation to such sectors of the economy other than those referred to in subparagraph (i), if any, as the Minister considers appropriate, and (iii) shall promote the use of criteria relating to the circular economy in public procurement. (b) The targets to be set out in respect of a sector of the economy under paragraph (a)(i) or (ii) shall include any or all of the following as the Minister considers appropriate for the sector concerned: (i) reductions in material resource consumption and the use of non-recyclable materials; (ii) increases in the use of re-usable products and materials; (iii) increased levels of repair and re-use of products and materials; (iv) improved maintenance and optimised use of goods, products and materials. (c) The Minister shall consult with such other Minister of the Government, if any, as he or she considers appropriate in relation to the targets to be set out in the strategy. (d) The Minister shall, in relation to those sectors of the economy in respect of which targets have been set out in the strategy in accordance with this subsection, promote the entering into by participants in those sectors, on a voluntary basis, of sectoral agreements in respect of those targets. (7) The circular economy strategy shall set out— (a) actions that are reasonably necessary to support Government policy on the circular economy, including measures to inform, and promote dialogue with, the public regarding the challenges and opportunities in the transition to a circular economy, and (b) actions necessary to meet the targets set out in the strategy. (8) The Minister shall publish, on a website maintained by or on behalf of the Minister or the Government— (a) the circular economy strategy approved by the Government under this section, and (b) on an annual basis, a report prepared by or on behalf of the Minister on the implementation of the strategy and the progress made in relation to— (i) reaching the targets set out in the strategy in accordance with subsection (6), and (ii) the taking of the actions set out in the strategy in accordance with subsection (7). Circular Economy Fund 8. (1) There shall stand established on the coming into operation of this section a fund which shall be known as the “Circular Economy Fund” and such monies (if any) that are standing to the credit of the Environment Fund on that date shall accrue to the benefit of the Circular Economy Fund on and from that date. (2) Subject to subsection (3), the Minister shall manage and control the Circular Economy Fund. (3) (a) The Minister may by order delegate the management and control of all or part of the Circular Economy Fund and any other functions under this section related to such management and control to a specified person and functions so delegated shall, accordingly, be performable by that person. (b) An order under paragraph (a) may contain such ancillary and incidental provisions as the Minister considers necessary or expedient for the purposes of the delegation effected by the order. (c) The Minister may give directions or issue guidelines to the person to whom a delegation is made under paragraph (a) in relation to the performance by the person of the functions delegated to the person by the order and that person shall comply with any such directions and perform those functions in accordance with any such guidelines. (d) The Minister shall, before giving directions or guidelines under paragraph (c), consult with such other Minister of the Government, if any, as he or she considers appropriate. (4) The Circular Economy Fund shall consist of such accounts in such financial institutions as the Minister may determine. (5) The Minister shall keep all proper and usual accounts of all monies paid into the Circular Economy Fund and disbursements from the Circular Economy Fund. (6) As soon as may be after the end of each financial year, the Minister shall submit the accounts of the Circular Economy Fund to the Comptroller and Auditor General for audit and the Minister shall cause a copy of the accounts so audited together with a copy of the report of the Comptroller and Auditor General thereon to be laid before each House of the Oireachtas as soon as practicable after he or she has received them. (7) Subject to, and in accordance with, regulations under section 53C, 73 or 73A of the Act of 1996 or section 11 (1), there shall be paid into the Circular Economy Fund the amounts specified in those regulations of financial resources or levy collected or recovered thereunder. (8) The Minister may, out of monies provided by the Oireachtas, pay into the Circular Economy Fund in any financial year, such amount as he or she determines, with the consent of the Minister for Public Expenditure and Reform, in relation to that financial year. (9) Without prejudice to subsection (13), the Minister may, from time to time, pay out of the Circular Economy Fund such amount of monies as he or she considers appropriate for any or all of the following purposes: (a) to assist, support or promote any programmes or schemes established for the prevention or reduction of waste or the establishment of such programmes or schemes; (b) to assist, support or promote any programmes or schemes established to support the circular economy or the establishment of such programmes or schemes; (c) to assist the establishment, equipping and, where appropriate, the operation of waste re-use and recycling activities generally, or recovery activities in respect of any specified class of waste; (d) to assist, support or promote research and development with respect to any aspect of waste management or the circular economy; (e) to assist, support or promote the production, distribution or sale of products of a particular class, being products which possess characteristics (whether characteristics of an inherent nature or related to the process by which the products are manufactured) likely to render them less harmful to the environment than other products falling within the same class; (f) to assist, support or promote the development of initiatives by producers of products to prevent or reduce waste arising from activities carried out by them; (g) to assist generally in the implementation of waste management plans made by local authorities in accordance with Part II of the Act of 1996 and the hazardous waste management plan prepared by the Agency in accordance with section 26 of that Act; (h) to facilitate or assist the enforcement of the provisions of any enactment (including this Act) relating to waste management or the prevention of litter or otherwise relating to the protection of the environment; (i) to facilitate or assist projects, commonly known as partnership projects, that involve local authorities and the purpose of which is to improve the quality of the environment in so far as it affects a particular local community or communities; (j) to promote awareness of the need generally to protect the environment and, in particular, to assist, support or promote national and regional campaigns the objectives of which are to encourage such awareness; (k) to promote or support education and training that would facilitate the achievement of the objectives of campaigns referred to in paragraph (j); (l) to assist the provision of the necessary resources, whether human or material, to enable such education and training to be carried out or facilitate the improvement of any such resources that exist for the time being; (m) to assist, support or promote initiatives undertaken by community groups, environmental groups or other such persons with respect to the protection of any aspect of the environment; (n) to facilitate, assist, promote or support initiatives undertaken by international organisations or other persons outside the State in respect of the protection of the environment or sustainable development, or both; (o) other purposes in respect of the protection of the environment. (10) (a) Without prejudice to the generality of subsection (9), the Minister, or such other person as he or she may nominate, may invite proposals to avail of monies from the Circular Economy Fund for any or all of the purposes set out in paragraphs (a) to (o) of that subsection. (b) An invitation under paragraph (a) shall be published on a website maintained by or on behalf of the Minister and shall outline the criteria to be used to assess proposals. (11) Any payment of monies out of the Circular Economy Fund under any of paragraphs (a) to (o) of subsection (9) shall be made to the person or persons who carry on, or as the case may be, carried on, the activity which, in the opinion of the Minister, furthers the achievement of the purpose referred to in such of paragraphs (a) to (o) for which the payment is made. (12) (a) Without prejudice to the preceding provisions of this section, the Minister may, after consulting with the Minister for Public Expenditure and Reform, prepare and publish guidelines in respect of an activity the carrying out of which furthers the achievement of the purpose for which the payment was made. (b) Where the Minister has published guidelines in accordance with paragraph (a) in respect of an activity, a payment shall not be made out of the Circular Economy Fund in respect of the activity if that activity is carried on otherwise than in accordance with the guidelines. (13) (a) The Minister may from time to time pay out of the Circular Economy Fund such amount of monies as he or she determines for the purposes of defraying, in whole or in part, the expenses incurred, on or after the establishment of the Fund, by him or her or by any person to whom functions are delegated under subsection (3), in connection with the administration of the Fund. (b) Any monies paid out of the Circular Economy Fund under paragraph (a) shall be paid into, or disposed of for the benefit of, the Exchequer in such manner as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine. (14) The Minister may establish a committee to advise him or her with respect to the performance by him or her of his or her functions under subsection (9) or (12) and a committee so established may advise the Minister accordingly. (15) In this section— “financial year” means the financial year of the Circular Economy Fund; “recovery activities” does not include incineration, whether with or without energy recovery, or export for incineration, whether with or without energy recovery; “waste”, “re-use” and “recycling” have the meanings given to them by section 5 of the Act of 1996. Provisions relating to Environment Fund 9. (1) Any monies accruing to the benefit of the Environment Fund on or before the coming into operation of this section which have not, on the date of such coming into operation, been credited to the Environment Fund shall accrue to the benefit of the Circular Economy Fund and shall be paid into the Circular Economy Fund. (2) Any liabilities of the Environment Fund at the date on which this section comes into operation shall, on that date, become liabilities of the Circular Economy Fund and shall be discharged by the Minister from the Circular Economy Fund. (3) A reference to the Environment Fund in any enactment (other than this Act and sections 5 and 74 of the Act of 1996) or instrument under an enactment shall, from the date on which this section comes into operation be construed as a reference to the Circular Economy Fund. (4) The Minister shall, in respect of the period specified in subsection (6), prepare final accounts of the Environment Fund. (5) The Minister shall submit the final accounts of the Environment Fund to the Comptroller and Auditor General for audit not later than 6 months after the coming into operation of this section and the Minister shall cause a copy of the accounts as so audited together with a copy of the report of the Comptroller and Auditor General thereon to be laid before each House of the Oireachtas as soon as practicable after he or she receives them. (6) For the purposes of subsection (4), the Minister may specify a period that is longer or shorter than a financial year of the Environment Fund. Circular economy programme 10. (1) The Agency shall establish a programme (in this Part referred to as a “circular economy programme”) setting out measures to be taken by the Agency, including measures in respect of reporting and the provision of funding and education, to give effect to the objectives set out in the circular economy strategy. (2) A circular economy programme— (a) shall include the waste prevention programmes established by the Agency under section 27B of the Act of 1996, and (b) shall— (i) be integrated into waste management plans required under section 22 of that Act, (ii) be integrated into other environmental policy programmes, as appropriate, or (iii) operate as a separate programme. (3) Where a circular economy programme is integrated into a waste management plan as referred to in subsection (2)(b)(i) or into any other environmental policy programme as referred to in subsection (2)(b)(ii), that plan or such other programme, as the case may be, shall clearly identify the measures and objectives referred to in subsection (1). (4) The Agency shall, from time to time as it considers appropriate, but not less than once in each period of 6 years from the date on which the most recent circular economy programme was established, review the programme and make such revisions to it as it considers appropriate and a reference in this Part to such a programme shall, unless the context otherwise requires, be construed as being a reference to such a programme as so revised. (5) On establishing a circular economy programme, the Agency shall— (a) cause to be published in at least one national newspaper and on its website a notice of that fact, which notice shall also indicate how a copy of the programme may be obtained at a cost not exceeding the reasonable cost of making such a copy, and (b) furnish a copy of the programme to— (i) the Minister, (ii) each local authority, and (iii) any other public body that, in the opinion of the Agency, has an interest in the programme. (6) In this section, “public body” means any of the following: (a) a Minister of the Government; (b) a local authority; (c) the Health Service Executive; (d) a university or institute of technology; (e) an education and training board established under section 9 of the Education and Training Boards Act 2013 ; (f) any other person, body or organisation established— (i) by or under an enactment (other than the Companies Act 2014 ) or charter, (ii) by any scheme administered by a Minister of the Government, or (iii) under the Companies Act 2014 in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of money provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government; (g) a company (within the meaning of the Companies Act 2014 ) a majority of the shares in which are held by or on behalf of a Minister of the Government; (h) any other person, body, organisation or group that the Minister may prescribe for the purposes of this section. Environmental levy 11. (1) Subject to subsection (3), the Minister may, with the consent of the Government, make regulations providing that there shall be chargeable, leviable and payable, a levy (in this Part referred to as an “environmental levy”) in respect of the following: (a) the supply to a customer, in or at such class or classes of retail premises as may be prescribed for the purposes of this section, of any or all of the following: (i) single-use cups; (ii) single-use containers; (iii) single-use packaging; (iv) such class or classes of the single-use items referred to in subparagraphs (i) to (iii) as may be prescribed for the purposes of this section; (v) such class or classes of re-usable alternative items as may be prescribed for the purposes of this section; (b) the supply to a customer of plastic bags or such class or classes of plastic bags as the Minister may prescribe for the purposes of this section in or at any or all of the following: (i) a supermarket; (ii) a service station; (iii) such other class or classes of retail premises as may be prescribed for the purposes of this section. (2) In making regulations under subsection (1) in relation to the supply of a single-use item or a class or classes of single-use item or a class or classes of re-usable alternative item, the Minister shall have regard to the level of material wastage associated with the single-use item or, as the case may be, the class or classes of single-use item, or, as the case may be, the class or classes of re-usable alternative item, concerned, including by reason of— (a) where an amount is charged for the supply of that item or class or classes of item, as the case may be, to a customer, that amount, or (b) where no amount is so charged, that fact. (3) Regulations may be made by the Minister under subsection (1) in relation to the supply of a single use item or a class or classes of single-use item or a class or classes of re-usable alternative item, as the case may be, only where he or she is satisfied that, in respect of the single-use item or, as the case may be, the class or classes of single-use item, or the class or classes of re-usable alternative items concerned, a suitable re-usable alternative item or class of such item or a suitable alternative item or class of such item with a lower level of material wastage, having regard to the purpose for which, and circumstances in which, the single-use item or class of single-use item or class of re-usable alternative item concerned is supplied, is, or could be made, readily available. (4) The amount of the environmental levy in respect of each single-use item or, as the case may be, each class of single-use item or, as the case may be, each class of re-usable alternative item prescribed under subsection (1)(a)(v), shall be such amount as may be prescribed in respect of the single-use item concerned, or, as the case may be, the class or classes of single-use item concerned, having regard to the aim of— (a) reducing the generation of waste, and (b) reducing the use of the single-use item, or, as the case may be, the class of single-use item concerned, and shall not, in any case, in respect of each single-use item supplied to a customer be less than €0.20 or more than €1.00. (5) The Minister may, subject to subsections (6) and (7), alter the amount of the levy specified in regulations under subsection (1) for the purposes of promoting— (a) a reduction in the generation of waste, and (b) a reduction in the use of the single-use item or class of single-use item, as the case may be, once and once only in each financial year beginning with the financial year following the financial year in which this section comes into operation. (6) The amount to which the amount of the levy standing specified in regulations under subsection (1) may be altered shall, subject to subsection (7), be obtained by multiplying the amount of the levy standing specified for the time being in regulations made under subsection (1) by the figure specified in subsection (8) and if— (a) the amount so obtained is not a whole number of cent, and (b) the Minister considers it appropriate to do so and specifies in the regulations that the amount has so been rounded, rounding (up or down as he or she thinks fit) the amount to the nearest whole number of cent. (7) The Minister may, where he or she considers it appropriate for the purposes referred to in subsection (5), add, to the amount obtained in accordance with subsection (6), a figure which is not greater than 10 per cent of the amount of the levy standing specified in regulations under subsection (1) and if— (a) the amount so obtained is not a whole number of cent, and (b) the Minister considers it appropriate to do so, and specifies in the regulations that the amount has been so rounded, rounding (up or down as he or she thinks fit) the amount to the nearest whole number of cent. (8) The figure mentioned in subsection (6) is the quotient, rounded up to 3 decimal places, obtained by dividing the consumer price index number relevant to the financial year in which the regulations amending the levy are made by the consumer price index number relevant to the financial year in which the regulations amending the levy were last made. (9) Regulations under subsection (1)— (a) may make provision for any matter stated in this section or section 12 as prescribed or to be prescribed and different regulations may be made in respect of different classes of matter the subject of the prescribing concerned, (b) shall provide for the matters referred to in section 12 (2) and (c) may provide for the matters referred to in section 12 (3). (10) In this section, “consumer price index number” means the All Items Consumer Price Index Number compiled by the Central Statistics Office and a reference to the “consumer price index number relevant to the financial year” is a reference to the consumer price index number at such date in that year as is determined by the Minister with the consent of the Minister for Finance. (11) A relevant re-usable alternative item or a class of re-usable alternative item prescribed under subsection (1) (a) (v) shall not be considered to be a suitable re-usable alternative item or class of such item or a suitable alternative item or class of such item for the purposes of subsection (3) . Payment etc. of environmental levy 12. (1) The environmental levy shall be payable by the person who carries on the business of selling goods or products— (a) where section 11 (1)(a) applies, in or at such class of retail premises prescribed for the purposes of that section, and (b) where section 11 (1)(b) applies, in or at the supermarket, service station or such other class of retail premises prescribed for the purposes of that section, or if 2 or more persons each carry on such a business, whichever of them causes to be made the particular supply of the single-use item to which the levy relates. (2) Regulations under section 11 (1) shall— (a) specify the person or persons to whom the environmental levy shall be payable (who, or each of whom, is referred to in this Part as a “collection authority”), (b) confer powers on a collection authority with respect to the collection and recovery of the environmental levy (and, for this purpose, the regulations may adapt, with or without modifications, the provisions of any enactment relating to the estimation, collection and recovery of, or the inspection of records or the furnishing of information in relation to, any tax charged or imposed by that enactment). (3) Regulations under section 11 (1) may provide for any or all of the following: (a) the times at which payment of the levy shall be made and the form of such payment; (b) the notification to a collection authority by a person who carries on a business of the kind referred to in subsection (1) (being a business that involves the supply of single-use items in the circumstances mentioned in section 11 (1)(a) or (b) ), of that fact; (c) the keeping of specified records by a person referred to in subsection (1) in respect of matters connected with liability to pay the levy and the form of such records; (d) the furnishing of such records and other specified information relating to liability as aforesaid at specified intervals to a collection authority and the manner in which such records and information shall be so furnished; (e) the giving of specified notices, at the time of a specified act being done that involves a single-use item referred to in section 11 (1)(a) or (b), in a specified manner and in a specified form, of the fact that a levy is payable (whether in relation to that act or a previous such act); (f) the giving of notice in a supermarket, service station or other class or classes of retail premises as may be prescribed, in such form and manner as may be prescribed, of the fact that a levy is payable in respect of a single-use item referred to in section 11 (1); (g) the specifying of a class of single-use cup, single-use container or single-use packaging excepted from the definition in section 6 of single-use cup, single-use container or single-use packaging, as the case may be, by reference to either or both of the following: (i) one or more of the size, composition or intended use of the cup, container or packaging, as the case may be; (ii) the place of supply of the cup, container or packaging, as the case may be; (h) the specifying of a class or classes of bag excepted from the definition of plastic bag in section 6 by reference to either or both of the following: (i) one or more of the size, composition or intended use of the bag; (ii) the place of supply of the bag; (i) exceptions in specified circumstances from the liability to pay the levy; (j) the payment of the levy by specified persons to be deferred in specified circumstances; (k) the keeping by collection authorities of such records and accounts that the Minister may prescribe in respect of the levy paid or payable to them; (l) the refund of payments of the levy in such circumstances that the Minister may prescribe; (m) the entering by a collection authority into arrangements with one or more persons whereby that person or those persons, by means of a scheme carried out by the person or persons for the discharge of the liabilities of others participating in the scheme in respect of the levy, collects amounts due in respect of the levy and remits them to the collection authority in consideration of the payment of specified sums by the authority to that person or persons; (n) the payment into the Circular Economy Fund by collection authorities of amounts received by them on account of the levy (subject to the deduction from such amounts of any amounts specified as being capable of being deducted therefrom for the purposes of defraying expenses incurred by collection authorities in collecting or recovering the levy). (4) Where any amount of the environmental levy becomes payable in accordance with regulations under section 11 (1) and is not paid, simple interest on the amount shall be paid by the person liable to pay the levy and such interest shall be calculated from the date on which the levy became payable and at a rate of 0.0322 per cent for each day or part of a day during which the amount remains unpaid. (5) Interest due in accordance with subsection (4) shall be payable to the collection authority specified in the regulations under section 11(1) and the provisions of those regulations relating to the recovery of the levy shall apply to the interest as if it were levy. (6) For the purposes of subsection (4), the levy includes any estimated amount which has been included in a notice served by a collection authority on the person liable to pay the levy concerned provided such estimated amount has, in accordance with regulations under section 11 (1), become due and payable to the collection authority. (7) Interest paid in accordance with subsection (4) shall be treated as the levy for the purposes of paragraph (n) of subsection (3) and section 8(7) . Offences in relation to, recovery etc. of, environmental levy 13. (1) A person who fails to— (a) pay a levy which is due and payable by virtue of regulations under section 11 (1), (b) comply with a provision of regulations under that section, or (c) comply with any term or condition, in as far as the term or condition relates to the payment of a levy under section 11 (1), of a scheme referred to in section 12 (3)(m), carried out by him or her or in which he or she has assented to participate (and which assent has not, by notice in writing given to the person carrying out the scheme before the failure occurs, been withdrawn), shall be guilty of an offence. (2) In proceedings for the recovery of levy or for an offence under subsection (1)(a), it shall be presumed, until the contrary is proved, that the single-use item in respect of which the levy concerned is alleged not to have been paid was a single-use cup, single-use container, single-use packaging, relevant re-usable alternative item, or plastic bag, as the case may be. (3) In proceedings for the recovery of levy or for an offence under subsection (1)(a), it shall be presumed, until the contrary is proved, that the number of single-use items supplied to customers in or at the retail premises concerned in the circumstances mentioned in section 11 (1) in a particular period was equal to the number of single‑use items acquired for the purposes of such supply in that period by the person who carried on, during that period, the business of selling goods or products in or at those retail premises or, if two or more persons each carried on, during that period, such a business in or at those retail premises, whichever of them caused to be made the particular supply of the single-use item concerned. (4) A person guilty of an offence under subsection (1) shall be liable— (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or (b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding two years or both. (5) If the contravention in respect of which a person is convicted of an offence under this section is continued after the conviction, the person shall be guilty of a further offence on every day on which the contravention continues and for each such offence the person shall be liable, on summary conviction, to a fine not exceeding €1,000 or on conviction on indictment to a fine not exceeding €50,000. (6) In imposing any penalty under subsection (4) or (5), the court shall, in particular, have regard to the risk or extent of environmental pollution and any remediation required, arising from the act or omission constituting the offence. (7) In this section, “environmental pollution” has the meaning given to it by section 5 of the Act of 1996. Prohibition on sale of certain single-use items 14. (1) Subject to subsection (3), the Minister may, with the consent of the Government, make regulations prohibiting the supply in the State of any or all of the following: (a) single-use cups; (b) single-use containers; (c) single-use packaging; (d) plastic bags; (e) such class or classes of the single-use items referred to in paragraphs (a) to (d) as he or she may prescribe for the purposes of this section. (2) In making regulations under this section, the Minister shall have regard to the level of material wastage associated with the single-use item or, as the case may be, the class or classes of single-use item, concerned. (3) Regulations may be made by the Minister under this section in respect of a single-use item referred to in subsection (1) or a class or classes of such single use items, as the case may be, only where he or she is satisfied that, in respect of the single-use item or, as the case may be, the class or classes of single-use item concerned, a suitable re-usable alternative or a suitable alternative with a lower level of material wastage, having regard to the purpose for which and circumstances in which the single-use item or class of single-use item concerned is supplied, is, or could be made, readily available. (4) Regulations under subsection (1) shall come into operation not earlier than 6 months after the date on which they are made. (5) The Minister may, having regard to the need to protect the health or safety of the public, prescribe exemptions from the application of regulations made under this section. (6) A person who fails to comply with a provision of regulations under subsection (1) commits an offence and sections 13 (4) to (7) shall apply in respect of that offence as they do to an offence under section 13 (1). (7) The Minister shall, not later than 12 months after the coming into operation of this subsection, publish, on a website maintained by or on behalf of the Minister or the Government, a report prepared by or on behalf of the Minister examining how single‑use packaging used in the sale of fruit and vegetables can be reduced. National food waste prevention strategy 15. (1) Subject to subsection (3), the Minister shall prepare and submit to the Government for their approval, with such modifications (if any) as they consider appropriate, a national food waste prevention strategy (to be known as “the national food waste prevention roadmap” and in this section referred to as “the national food waste prevention strategy”) setting out the policy, objectives and priorities for the time being of the Government in relation to food waste prevention. (2) The first national food waste prevention strategy shall be prepared and submitted under subsection (1) not later than 6 months after the date on which this section comes into operation and thereafter a national food waste prevention strategy shall be prepared and submitted under that subsection not less than once in every period of 3 years after the date on which the most recent national food waste prevention strategy was published in accordance with subsection (4). (3) In preparing the national food waste prevention strategy, the Minister shall take the following into account: (a) the Circular Economy Strategy; (b) the climate action plan; (c) the National Biodiversity Action Plan; (d) the National Policy Statement on the Bioeconomy; (e) the National Disability Inclusion Strategy; (f) the Roadmap for Social Inclusion; (g) the Programme for Government; (h) the European Union Farm to Fork Strategy; (i) Food Vision 2030 Strategy; (j) the law of the European Union; (k) United Nations Sustainable Development Goals. (4) A national food waste prevention strategy approved by the Government under this section shall be published on a website maintained by or on behalf of the Minister or the Government and the Minister shall, on an annual basis, publish on that website a report prepared by or on behalf of the Minister on the implementation of the strategy. (5) In this section— “European Union Farm to Fork Strategy” means the document entitled “A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system” published by the European Commission on 20 May 2020, or any document that amends or replaces that document; “Food Vision 2030 Strategy” means the strategy entitled “Food Vision 2030 - A World Leader in Sustainable Food Systems” published by the Government on 2 August 2021, or any document which amends or replaces that strategy; “food waste” has the meaning given to it by section 5 of the Act of 1996. PART 3 Amendments to Act of 1996 Amendment of section 5 of Act of 1996 16. Section 5 of the Act of 1996 is amended in subsection (1)— (a) by the insertion of the following definitions: “‘Act of 2022’ means the Circular Economy and Miscellaneous Provisions Act 2022; ‘approval’, in relation to a proposal under section 14A(4), means an approval given under section 14A(5) or renewed under section 14A(11) in respect of the CCTV scheme which is the subject of the proposal; ‘approved CCTV scheme’ means a CCTV scheme which is the subject of a proposal in respect of which an approval is in being; ‘automatic number plate recognition device’ means a device which engages an automated method of recognising vehicle registration plates from a camera image; ‘biometric data’ has the meaning given to it by section 69 (1) of the Data Protection Act 2018 ; ‘body-worn recording device’ means a recording device affixed to or contained in the clothing, uniform or headgear of an authorised person; ‘CCTV scheme’ has the meaning given to it by section 14A(1); ‘closed circuit television’ or ‘CCTV’ means a system of recording devices the signals of which are not made publicly available but are monitored, or are capable of being monitored, by a local authority; ‘code of practice’ means a code of practice approved by the Minister in accordance with section 14C and includes part of a code of practice; ‘facial recognition device’ means a device or system of devices which, through automated use of biometric data, matches or categorises facial images captured by the device; ‘mobile recording device’ means a recording device, other than CCTV, and includes a body-worn recording device; ‘operation’, in relation to closed circuit television, includes the maintenance and monitoring of closed circuit television; ‘recording device’ means a device that is capable of recording or processing, or both, visual images or audio, or both, on any medium, from which a visual image or moving visual images may be produced and includes any accompanying document, and, where only visual images or moving visual images are concerned, includes any sound accompanying those images but does not include automatic number plate recognition devices or facial recognition devices;”, and (b) by the deletion of the definition of “Environment Fund”. Amendment of section 7 of Act of 1996 17. Section 7 of the Act of 1996 is amended in subsection (5)(a) by the deletion of “other than an order under section 72(12) but”. Amendment of section 10A of Act of 1996 18. Section 10A of the Act of 1996 is amended— (a) in subsection (4)— (i) by the substitution of the following paragraph for paragraph (a): “(a) €2,000 where the relevant offence consists of a contravention of— (i) Regulation 10(5)(a) of the WEEE Regulations, (ii) Regulation 17(1)(a)(i) of the Batteries and Accumulators Regulations, or (iii) Regulation 9(a) or 21(1)(a) of the Tyres and Waste Tyres Regulations,”, (ii) in paragraph (b)— (I) in subparagraph (iii), by the substitution of “Packaging Regulations,” for “Packaging Regulations, or”, (II) in subparagraph (iv), by the substitution of “the WEEE Regulations, or” for “the WEEE Regulations”, and (III) by the insertion of the following subparagraph after subparagraph (iv): “(v) Regulation 9(d), 14, 19 or 29(1)(b) of the Tyres and Waste Tyres Regulations,”, and (iii) in paragraph (c)— (I) in subparagraph (ii), by the substitution of “Packaging Regulations,” for “Packaging Regulations, or”, (II) in subparagraph (iii), by the substitution of “WEEE Regulations, or” for “WEEE Regulations,” and (III) by the insertion of the following subparagraph after subparagraph (iii): “(iv) Regulation 24(2), 26(a), 26(b), 42(2) or 42(3) of the Tyres and Waste Tyres Regulations”, and (b) in subsection (6)— (i) in paragraph (a)— (I) in the definition of “authorised person”— (A) in subparagraph (iii), by the substitution of “Packaging Regulations,” for “Packaging Regulations, and”, (B) in subparagraph (iv), by the substitution of “WEEE Regulations, and” for “WEEE Regulations;”, and (C) by the insertion of the following subparagraph after subparagraph (iv): “(v) in relation to a relevant offence referred to in paragraph (b)(v), an authorised person within the meaning of the Tyres and Waste Tyres Regulations;”, and (II) by the insertion of the following definition after the definition of “End …