Circular Economy and Miscellaneous Provisions Act 2022

“14C. (1) The Local Government Management Agency shall, as soon as practicable after the coming into operation of section 22 of the Act of 2022, prepare and submit to the Minister for his or her approval a draft code or codes of practice for the purposes of setting standards for the operation of each of sections 14A and 14B.

• (2) A draft code of practice referred to in subsection (1) shall, in respect of the section to which it relates, include provisions in relation to the following:

  • (a) the procedures and standards to be followed in the operation of the section including, where section 14A applies, in the installation of devices to be used in a CCTV scheme;

  • (b) confidentiality, security, storage, access to, retention, deletion and any other processing of, data gathered in accordance with the section;

  • (c) the circumstances in which data gathered under the section is to be disposed of or destroyed;

  • (d) the rights of data subjects in so far as they relate to the operation of the section concerned;

  • (e) such other matters, if any, related to the operation of the section that the Local Government Management Agency considers appropriate,

  and the code or codes of practice may contain different provisions in relation to different types of devices or systems, in relation to different categories of persons and in relation to the different circumstances in which such devices or systems are operated. (3) In preparing a draft code of practice under this section, the Local Government Management Agency—

  • (a) shall carry out or cause to be carried out on its behalf an assessment of the likely impact on data subjects of types of processing of personal data contemplated by section 14A or 14B, as the case may be,

  • (b) shall ensure that the assessment referred to in paragraph (a) contains the following:

    • (i) a general description of the type of processing operations to which the assessment relates;

    • (ii) an assessment of the potential risks to the rights and freedoms of data subjects as a result of that processing;

    • (iii) a description of any safeguards, security measures or mechanisms proposed to be implemented by the local authority to mitigate any risk referred to in subparagraph (ii) and to ensure the protection of the personal data in relation to the types of processing contemplated by section 14A or 14B, as the case may be,

    and

  • (c) shall ensure that the draft code takes account of the assessment referred to in paragraph (a).

• (4) Before submitting a draft code or codes of practice to the Minister under this section, the Local Government Management Agency—

  • (a) shall consult with—

    • (i) the Minister,

    • (ii) the Minister for Housing, Local Government and Heritage,

    • (iii) the Minister for Justice, and

    • (iv) the Data Protection Commission,

  • (b) shall provide the assessment referred to in subsection (3) to the persons referred to in paragraph (a) before consulting with those persons, and

  • (c) may consult with any other person or body appearing to the Local Government Management Agency to have an interest in the operation of section 14A or 14B and such other person that the Minister may direct.

• (5) The Minister may approve, with or without modifications, a code of practice submitted to him or her under this section.

• (6) The Local Government Management Agency shall ensure that a code of practice approved by the Minister under this section is reviewed by it on a regular basis with the first review to be not later than 5 years from the date on which the code is first approved by the Minister, and, in the case of each subsequent review, not later than 5 years from the date of the previous review.

• (7) The Local Government Management Agency shall consult with the persons referred to in subsection (4) when conducting a review under subsection (6).

• (8) The Minister shall be informed in writing by the Local Government Management Agency of the outcome of a review under subsection (6).

• (9) The Local Government Management Agency, following a review under subsection (6) or at any other time that it considers appropriate, may submit a further draft code of practice to the Minister to amend, revoke or replace, an existing code of practice, or to create a new code of practice or may request the Minister to renew the code which was the subject of the review.

• (10) Subject to subsection (11), subsections (2) to (9) shall apply in relation to a draft code of practice submitted to the Minister under subsection (9) or a request made under that subsection to renew an existing code of practice as they apply to a draft code of practice submitted to the Minister under subsection (1).

• (11) Subsection (10) shall not apply where the amendments being made to a code of practice are minor or technical only.

• (12) A code of practice, renewed or approved, as the case may be, by the Minister under this section shall be laid before each House of the Oireachtas by the Local Government Management Agency and shall be published on a website maintained by or on behalf of the Minister or the Government.”.

23. Admissibility of evidence obtained under section 14, 14A or 14B

23. The Act of 1996 is amended by the insertion of the following section after section 14C (inserted by section 22):

“14D. (1) Evidence obtained under section 14, 14A or 14B—

• (a) may be admitted as evidence in criminal proceedings, and

• (b) shall not require the device from which it was obtained to be exhibited in court proceedings.

• (2) Nothing in section 14, 14A or 14B is to be construed as prejudicing the admissibility of information or material obtained otherwise than as a result of operating a recording device under the provisions of this Act.

• (3) Information obtained as a result of the operation of an approved CCTV scheme may be admitted as evidence in criminal proceedings notwithstanding any error or omission on the face of the approval given in respect of the scheme concerned, if the court, having regard in particular to the matters specified in subsection (4), decides that—

  • (a) the error or omission concerned was inadvertent, and

  • (b) the information ought to be admitted in the interests of justice.

• (4) The matters referred to in subsection (3) are—

  • (a) whether the error or omission concerned was serious or merely technical in nature,

  • (b) the nature of any right infringed by the manner in which the information was obtained,

  • (c) whether there were circumstances of urgency relating to the giving of the approval, or

  • (d) the probative value of the information concerned.

• (5) A failure to observe any provision of section 14, 14A or 14B or of any code of practice approved under section 14C on the part of any local authority or authorised person, shall not (without prejudice to the power of the court to exclude evidence) of itself affect the admissibility of any evidence thereby obtained.

• (6) It shall be presumed, unless the contrary is shown, that—

  • (a) any device used in an approved CCTV scheme or any mobile recording device operated for the purposes of this Act is a device capable of producing accurate information or material without the necessity of proving that that device was in good working order,

  • (b) the information produced by the device, and any copies thereof, is accurate, and

  • (c) the device was operated in accordance with the relevant code of practice approved under section 14C in respect of its operation.

• (7) A person who—

  • (a) falsifies, conceals, destroys or otherwise disposes of, information gathered by a recording device while it was or is being operated under this Act,

  • (b) permits the falsification, concealment, destruction or disposal, of such information, or

  • (c) knowingly causes damage to or destroys a recording device,

  shall be guilty of an offence. (8) A person shall not be guilty of an offence under subsection (7) where he or she—

  • (a) destroys or disposes, or

  • (b) permits the destruction or disposal,

  of information gathered by a recording device in accordance with a code of practice approved under section 14C or otherwise in accordance with law.”.

24. Amendment of section 22 of Act of 1996

24. Section 22 of the Act of 1996 is amended—

• (a) in subsection (6)(b), by the substitution of the following subparagraph for subparagraph (ix):

• “(ix) appropriate qualitative or quantitative indicators and targets, including in respect of any or all of the following:

  • (I) the quantity of generated waste and its treatment;

  • (II) municipal waste that is disposed of or subject to energy recovery;

  • (III) the use of products and materials that have been re-used, re-manufac-tured or repaired, or any combination thereof;”,

and

• (b) by the substitution of the following subsection for subsection (9):

• “(9) The Minister may make regulations relating to any matter to be set out or addressed in a waste management plan.”.

25. Amendment of section 27B of Act of 1996

25. Section 27B of the Act of 1996 is amended, in subsection (1), by the substitution of “section 22” for “Section 28”.

26. Amendment of section 34 of Act of 1996

26. (1) Section 34 of the Act of 1996 is amended—

• (a) in subsection (3), by the substitution of “to refuse to grant the permit for stated reasons which may include the abandonment of the application by the applicant” for “to refuse to grant the permit”,

• (b) in subsection (7)—

• (i) in paragraph (b), by the substitution of “household waste or commercial waste” for “household waste” in each place where it occurs,

• (ii) in paragraph (c)—

• (I) in subparagraph (i), by the insertion of “or shall” after “may”,

• (II) in subparagraph (iv), by the substitution of “is required to be delivered, or to which it is prohibited from being delivered,” for “is required to be delivered”,

• (III) in subparagraph (viii), by the substitution of “concerned, and the form in which such records are to be kept and preserved and in which the information is to be supplied” for “concerned”,

• (IV) in subparagraph (xxii)—

• (A) by the substitution of “incorrect separation of waste in receptacles for segregated waste” for “incorrect separation of household waste from other waste in receptacles for segregated household waste”, and

• (B) in clause (IV), by the substitution of “the receptacle;” for “the receptacle.”,

and

• (V) by the insertion of the following subparagraphs after subparagraph (xxii):

• “(xxiii) the achievement of such targets as may be specified in the permit in relation to recycling rates;

• (xxiv) effecting and maintaining a record, document and data management system of such standard, or in accordance with such criteria, as the Minister may prescribe and which may include an electronic record, docu-ment and data management system;

• (xxv) the requirement to collect waste where a waste service is not provided;

• (xxvi) the requirement to effect and maintain a customer communication and awareness programme.”,

• (iii) in paragraph (e), by the substitution of “household waste or commercial waste” for “household waste”,

• (iv) in paragraph (f)—

• (I) by the substitution of “transport of household waste or commercial waste, as the case may be,” for “transport of household waste”,

• (II) in subparagraph (i)—

• (A) by the substitution of “household waste or commercial waste, as the case may be, collected or transported, or both,” for “household waste collected or transported”, and

• (B) by the substitution of “household waste or commercial waste, as the case may be, collected and transported” for “household waste collected and transported”,

and

• (III) in subparagraph (iii), by the substitution of “household waste or commercial waste, as the case may be, incentivise waste prevention and segregation” for “waste incentivise household waste prevention and household waste segregation”,

and

• (v) in paragraph (g)—

• (I) in subparagraph (i), by the substitution of “household waste or commercial waste, as the case may be,” for “household waste” in each place where it occurs, and

• (II) in subparagraph (ii), by the substitution of “household waste and commercial waste,” for “household waste”,

• (c) in subsection (9)(a), by the substitution of “28 days” for “one month”,

• (d) by the insertion of the following subsection after subsection (10A):

• “(10B) A person shall not carry out any waste collection activity for, or on behalf of, the holder of a waste collection permit unless the person is an authorised waste collector.”,

• (e) in subsection (11)(b)—

• (i) by the insertion of the following subparagraph after subparagraph (iv):

• “(iva) the bases upon which a local authority may consider an application to be abandoned;”,

and

• (ii) by the insertion of the following subparagraph after subparagraph (x):

• “(xa) requiring that a permit holder defray, or contribute towards, any costs incurred by the local authority or, as the case may be, the nominated authority (within the meaning of section 34B) concerned, in the ongoing maintenance of the waste collection permitting system;”,

and

• (f) by the insertion of the following subparagraphs after subparagraph (xa) (inserted by paragraph (e)):

• “(xb) targets in relation to recycling rates for permit holders;

  • (xc) standards or criteria, or both, in relation to record, document and data management by permit holders;”.

• (2) The amendment effected by paragraph (c) of subsection (1) shall apply in respect of applications made under section 34 of the Act of 1996 after the coming into operation of that paragraph.

27. Amendment of section 34C of Act of 1996

27. Section 34C of the Act of 1996 is amended—

• (a) in subsection (1), by the substitution of “subsection (7) or (9), or both,” for “subsection (7)”,

• (b) in subsection (3)—

• (i) by the substitution of “household waste or commercial waste” for “household waste” in each place where it occurs, and

• (ii) by the deletion of “within the meaning of section 66 of the Communications Regulation (Postal Services) Act 2011”,

• (c) in subsection (6), by the substitution of “household waste or commercial waste” for “household waste”,

• (d) in subsection (7), by the substitution of “household waste or commercial waste” for “household waste”,

• (e) in subsection (8), by the substitution of “household waste or commercial waste” for “household waste”,

• (f) by the insertion of the following subsections after subsection (8):

• “(9) A local authority may establish and maintain a register of postcodes in respect of addresses in its functional area from which household waste or commercial waste is not—

  • (a) collected by an authorised waste collector,

  • (b) deposited at a waste facility, or

  • (c) otherwise disposed of or treated in accordance with this Act,

  for the purposes of establishing compliance by original producers and other waste holders with section 32(1A) and any regulations or bye-laws made under this Act in relation to household waste or commercial waste.

• (10) A local authority may, in performing its functions under this Act, use—

  • (a) the information specified in subsection (3) (a) that is provided to the local authority under subsection (2), and

  • (b) such data as is contained in a postcode database referred to in subparagraph (i) of paragraph (g) of section 65A(2) of the Act of 2011 that is provided to it pursuant to a licence referred to in the said paragraph (g),

  for the purposes of establishing and maintaining a register under subsection (9).

• (11) Where a local authority proposes to establish and maintain a register under subsection (9) in respect of its functional area, the chief executive of the local authority concerned shall satisfy himself or herself that the establishment and maintenance of the register is proportionate to, and necessary for, the purposes for which the register is to be so established and maintained.

• (12) The chief executive of a local authority in respect of whose functional area a register is established and maintained under subsection (9)—

  • (a) may, at any time, and

  • (b) shall, not later than 5 years from the establishment of the register and thereafter at intervals of not more than 5 years from the date on which the chief executive was informed of the outcome of the immediately preceding review in accordance with subsection (13)(b),

  cause a review of the register to be carried out by an authorised person.

• (13) An authorised person carrying out a review pursuant to subsection (12) shall—

  • (a) consider—

    • (i) whether the register has been established and maintained, and the information contained therein used, in accordance with the guidance issued, revised or re-issued by the Minister under subsection (16),

    • (ii) the extent to which the maintenance of, and use of the information contained in, the register during the period in respect of which the review is being conducted has been, and remains, successful, proportionate and necessary having regard to the purposes for which the register has been established, and

    • (iii) such other matters that he or she considers appropriate having regard to the purposes for which the register has been established and is main-tained,

    and

  • (b) shall inform the chief executive, in writing, of the outcome of that review.

• (14) Without prejudice to subsection (15), following a review carried out pursuant to subsection (12), the chief executive of the local authority shall decide whether the register is to continue to be maintained and where the chief executive decides that the register is to continue to be maintained, subsections (12) and (13) shall, with any necessary modifications, apply in respect of the register as so continued.

• (15) The chief executive may at any time decide that a register established under subsection (9) is no longer to be maintained and, subject to Part 5 of the Data Protection Act 2018, where the chief executive so decides, the local authority shall cease to maintain the register.

• (16) The Minister shall issue guidance for the purpose of assisting local authorities in the establishment and maintenance of a register referred to in subsection (9) and the appropriate use of the information contained in such a register and may from time to time revise or re-issue that guidance.

• (17) A local authority shall have regard to any guidance issued, revised or re-issued under subsection (16).

• (18)

  • (a) In establishing a register referred to in subsection (9), a local authority shall consult with its data protection officer and shall ensure that a data protection impact assessment within the meaning of section 84 of the Data Protection Act 2018 is carried out in accordance with that section.

  • (b) A local authority shall ensure that any such register is maintained, and the information contained therein is used, in compliance with Part 5 of the Data Protection Act 2018.

• (19) In this section—

‘Act of 2011’ means the Communications Regulation (Postal Services) Act 2011;

‘chief executive’ has the same meaning as it has in section 2 of the Local Government Act 2001;

‘data protection officer’ has the meaning given to it by section 88(1) of the Data Protection Act 2018;

‘postcode’ has the meaning given to it by section 66 of the Act of 2011;

‘postcode database’ has the meaning given to it by section 65A(1) of the Act of 2011.”.

28. Amendment of section 73 of Act of 1996

28. Section 73 of the Act of 1996 is amended—

• (a) in subsection (5C)—

• (i) in paragraph (a), by the substitution of “ paragraph (n) of section 12(3) of the Act of 2022” for “paragraph (l) of section 72(6)”, and

• (ii) by the substitution of the following paragraph for paragraph (b):

• “(b) section 8(7) of the Act of 2022.”,

and

• (b) in subsection (8), by the substitution of “which regulations under section 11(1) of the Act of 2022 may, by virtue of paragraphs (a), (c), (d) and (i) to (n) of section 12(3) of that Act,” for “which regulations under section 72 may, by virtue of paragraphs (a), (c), (d) and (g) to (l) of subsection (6) of that section,”.

29. Waste recovery levy

29. The Act of 1996 is amended by the insertion of the following section after section 73:

“73A. (1) The Minister may, after consultation with such other Minister of the Government, if any, as the Minister considers appropriate, make regulations providing that there shall be chargeable, leviable and payable a levy (which shall be known as, and in this section is referred to as, a ‘recovery levy’) in respect of—

• (a) the carrying on of a specified class or classes of an activity referred to in the Fourth Schedule,

• (b) the recovery by means of an activity referred to in the Fourth Schedule, or a specified class or classes of such activity, of a specified class or classes of waste,

• (c) subject to subsection (2), the carrying on of an activity referred to in para-graph (a) and an activity referred to in paragraph (b), or

• (d) the export of waste for recovery in so far as it relates to an activity referred to in any of paragraphs (a) to (c).

• (2) Regulations under subsection (1)(c) shall not result in the recovery levy being payable twice in respect of a particular recovery of a particular quantity of waste.

• (3) The amount of the recovery levy—

  • (a) shall be specified in the regulations under subsection (1),

  • (b) shall not exceed an amount of €120 per tonne, and

  • (c) may be specified in respect of the amount of waste sent for recovery or the amount of waste recovered.

• (4) The Minister may—

  • (a) for the purposes of promoting either or both of the following:

    • (i) the prevention of the generation of waste;

    • (ii) the reduction of the quantity of waste recovered or sent for recovery by means of an activity referred to in subsection (1),

    and

  • (b) subject to subsection (3)(b) and (5),

  amend the amount of the recovery levy standing specified in regulations under subsection (1) once and once only in each financial year beginning with the financial year in which section 29 of the Act of 2022 comes into operation. (5) The Minister shall, when amending the amount of recovery levy standing specified in regulations under subsection (1), substitute an amount that does not exceed the amount so standing specified by €50.

• (6) Subject to subsection (3), regulations under subsection (1) may specify, in respect of the amount of the recovery levy payable under them, different amounts by reference to different activities referred to in any of paragraphs (a), (b) and (c) of subsection (1) in respect of which the recovery levy is so payable.

• (7) The recovery levy shall be payable by—

  • (a) the person who carries on the waste recovery activity concerned, or

  • (b) where the waste is to be shipped for recovery, by the waste holder or such class of waste holder as may be prescribed.

• (8) Where any amount of recovery levy becomes payable in accordance with regu-lations made under this section and is not paid, simple interest on the amount shall be paid by the person liable to pay the recovery levy and such interest shall be calculated from the date on which the recovery 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.

• (9) Interest due in accordance with subsection (8) shall be payable to the Circular Economy Fund in the manner specified in the regulations under subsection (1) and the provisions of those regulations relating to the levy shall apply to the interest as if it were recovery levy.

• (10) Interest paid in accordance with subsection (8) shall be treated as recovery levy for the purposes of—

  • (a) subsection (15), in relation to provision under that subsection for recovery levy by virtue of paragraph (n) of section 12(3) of the Act of 2022, and

  • (b) section 8(7) of the Act of 2022.

• (11) Regulations under subsection (1) shall—

  • (a) provide that the recovery levy (not being levy chargeable by virtue of those regulations on the local authority) shall be payable to the local authority in whose functional area the waste recovery activity concerned is carried on, or, where the waste recovery activity is to take place outside of the State, the levy shall be payable to Dublin City Council, and

  • (b) confer on the local authority referred to in paragraph (a) powers with respect to the collection and recovery of the levy (and, for this purpose, the regula-tions may adapt, with or without modifications, the provisions of any enact-ment 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).

• (12) Regulations under subsection (1) may, for the purpose referred to in subsection (13), restrict the extent to which a local authority may exercise a power to make a charge for the provision by it of any service in circumstances where, in the opinion of the Minister, such exercise is so as to enable the local authority to recoup amounts paid by it by way of recovery levy.

• (13) The purpose referred to in subsection (12) is that of ensuring that the exercise of the power referred to in that subsection does not result in one or more categories of person paying a disproportionate amount of the total amount of charges a local authority could reasonably be expected to make in respect of the provision of services in the circumstances concerned.

• (14) For so long as regulations under subsection (1) restrict the exercise of the power referred to in subsection (12), the enactment that confers that power shall be construed as if there were contained in it a provision the effect of which is to restrict the exercise of the power in the manner provided by the said regulations.

• (15) Regulations under subsection (1) may provide, in relation to recovery levy, for all the matters which regulations under section 11(1) of the Act of 2022 may, by virtue of paragraphs (a), (c), (d) and (i) to (n) of section 12(3) of that Act, provide in relation to levy under section 11 and those paragraphs shall, accord-ingly, apply for the purposes of this section with any necessary modifications (including such modifications as will enable like provision with respect to the payment into the Circular Economy Fund of amounts received by a local authority on account of recovery levy to be made with respect to recovery levy chargeable on the local authority itself).

• (16) A person who fails—

  • (a) to pay recovery levy which is due and payable by virtue of regulations under subsection (1), or

  • (b) to comply with a provision of regulations under subsection (1),

  shall be guilty of an offence.”.

30. Powers to make regulations in respect of end-of-waste and by-products processes

30. The Act of 1996 is amended by the insertion of the following section after section 75:

“75A. (1) The Minister may make regulations in relation to notifications to the Agency under Regulation 27 or 28 of the European Union (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011) (in this section referred to as a “notification”) and determinations or decisions, as the case may be, further to such notifications.

• (2) Without prejudice to the generality of subsection (1), regulations under this section may provide for any or all of the following:

  • (a) the form and content of a notification under the said Regulation 27 seeking a determination or under the said Regulation 28 seeking a decision and provision may be made for different forms and content for different circum-stances or classes of circumstances or for different cases or classes of cases;

  • (b) the time within which a notification is to be made;

  • (c) the particulars, including, plans, documents and other information, to be submitted to the Agency for the purposes of the notification and the period within which they are to be submitted;

  • (d) requirements in relation to the submission by the person making that notific-ation of such additional information or particulars relating to the notification to the Agency, including the period within which such additional information or particulars are to be submitted;

  • (e) the processing by the Agency of notifications;

  • (f) requirements in relation to the person making a notification defraying or contributing towards the cost of any investigation carried out, caused to be carried out, or arranged for, by the Agency in relation to the notification;

  • (g) the storage, movement, disposal, or other handling or processing of any material that is the subject of a notification either before or after a determ-ination or decision, as the case may be, is made in respect of the notification;

  • (h) the nature of materials, including restrictions on particular materials, in respect of which a notification may be made;

  • (i) the circumstances in which the Agency or other public authority or body, as the case may be, may reject or refuse to consider a notification;

  ( j) the circumstances in which the Agency may waive the requirement for a notification;

  • (k) the attachment by the Agency of conditions to a determination or decision;

  • (l) the establishment and maintenance by the Agency of a register or registers in respect of such materials or classes of materials as may be specified in the regulations, and the conditions to be satisfied in respect of those materials or classes of materials in order to be registered;

  • (m) such incidental, supplementary, consequential or transitional provisions as appear to the Minister to be necessary for the purposes or in consequence of, or to give full effect to, the regulations.

• (3) Regulations made under subsection (1) may provide for—

  • (a) the payment of fees,

  • (b) exemption from the payment of fees, or

  • (c) the waiver, remission, or refund (in whole or in part) of fees,

  and different fees, exemptions, waivers, remissions or refunds may be provided for in different circumstances or classes of circumstances or for different cases or classes of cases. (4) Where, under regulations made under subsection (1), a fee is payable in respect of a notification, the notification shall be deemed not to have been made until the date on which the Agency receives the fee.

• (5) A person who, in relation to any matter to which regulations under this section relates, makes a statement in writing which, to his knowledge is false or misleading in a material respect, shall be guilty of an offence.

• (6) A defrayment or contribution the payment of which is required under regulations made under this section shall be payable on demand and, in default of being so paid, shall be recoverable as a simple contract debt in any court of competent jurisdiction.”.

PART 4 Amendments to Act of 1997

31. Amendment of section 2 of Act of 1997

31. Section 2 of the Act of 1997 is amended 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 23A, means an approval given under section 23A(5) or renewed under section 23A(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;

‘authorised person’ means a person who is appointed in writing by a local authority to be an authorised person for the purposes of this Act or any provisions thereof as the local authority determines;

‘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;

‘CCTV scheme’ has the meaning given to it by section 23A(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 23B 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;

‘operation’, in relation to closed circuit television, includes the maintenance and monit-oring 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 accompa-nying those images but does not include automatic number plate recognition devices or facial recognition devices;”.

32. Operation of CCTV for certain purposes

32. (1) The Act of 1997 is amended by the insertion of the following section after section 23:

“23A. (1) An authorised person may submit a proposal in accordance with subsection (4) for the installation and operation of closed circuit television in the functional area of, or any particular area within the functional area of, a local authority (in this section referred to as ‘a CCTV scheme’), for the purposes of—

• (a) deterring environmental pollution, and

• (b) facilitating the deterrence, prevention, detection and prosecution of offences under this Act.

• (2) A proposal made under subsection (1) shall include—

  • (a) details of the location, number and technical specification of the devices to be used in the CCTV scheme,

  • (b) details of the geographical areas to be covered by the CCTV scheme,

  • (c) a plan prepared for the purposes of this paragraph in accordance with subsection (3) in respect of the CCTV scheme, and

  • (d) such other matters referred to in the code of practice approved under section 23B in respect of the operation of this section that relate to the installation and operation of the CCTV scheme.

• (3) A plan prepared for the purposes of subsection (2) (c)—

  • (a) shall contain details of the arrangements proposed in respect of—

    • (i) the monitoring, recording and disclosure of the images, sounds or docu-ments, produced pursuant to the CCTV scheme, and

    • (ii) the preservation of recordings made and documents produced pursuant to that scheme,

  • (b) shall include a data protection impact assessment in respect of the CCTV scheme carried out in accordance with section 84 of the Data Protection Act 2018, and

  • (c) shall comply with—

    • (i) Part 5 of the Data Protection Act 2018, and

    • (ii) the code of practice approved under section 23B for the purposes of the operation of this section.

• (4) A proposal under subsection (1) shall be submitted to the chief executive of the local authority in whose functional area, or part thereof, the proposed CCTV scheme is to operate and he or she shall decide whether or not to approve the proposal.

• (5) Subject to subsections (6) to (8), the chief executive—

  • (a) may approve, or approve, subject to such modifications, terms and conditions (if any) as he or she considers appropriate, a proposal submitted to him or her under this section, and

  • (b) where he or she approves a proposal, whether with or without modifications, terms and conditions, he or she shall specify the date on which the approval expires.

• (6) In deciding whether or not to approve a proposal under subsection (5), in considering what, if any, modifications, terms and conditions are appropriate and in specifying the date on which the approval is to expire, the chief executive shall consider the extent to which the proposal is proportionate to, and necessary for, the purposes referred to in subsection (1) and he or she shall not approve a proposal unless he or she is satisfied that the proposal is proportionate to, and necessary for, those purposes.

• (7) Where the chief executive approves a proposal under subsection (5)—

  • (a) the approval shall—

    • (i) be in writing,

    • (ii) set out such modifications, terms and conditions (if any) as he or she considers appropriate, and

    • (iii) state the date on which the approval shall expire,

    and

  • (b) the CCTV scheme to which the approval relates shall be operated in accord-ance with the approval and with the code of practice approved under section 23B for the purposes of the operation of this section.

• (8) Subject to subsections (11), (12) and (13), an approval given under subsection (5) shall expire not later than the date that is 5 years from the date on which the approval was given.

• (9) The chief executive of a local authority in whose functional area, or part of whose functional area, an approved CCTV scheme is in operation—

  • (a) may, at any time, and

  • (b) shall, not later than 5 years from the date on which the approval in respect of the CCTV scheme was given under subsection (5) and thereafter at intervals of not more than 5 years from the date of the immediately preceding review,

  cause a review of the operation of that scheme to be carried out by an authorised person. (10) An authorised person carrying out a review pursuant to this section shall consider—

  • (a) whether the approved CCTV scheme is being operated—

    • (i) in accordance with the approval in respect of the scheme, and

    • (ii) in compliance with the code of practice approved under section 23B for the purposes of the operation of this section,

  • (b) the extent to which the operation of the scheme during the period in respect of which the review is being conducted has been, and remains, successful, proportionate and necessary having regard to the purposes referred to in subsection (1), and

  • (c) such other matters that he or she considers appropriate having regard to the purposes referred to in subsection (1).

• (11) Without prejudice to subsection (12), following a review carried out under subsection (10), the chief executive shall decide whether to—

  • (a) renew the approval given in respect of the scheme, subject to such modific-ations, terms and conditions, if any, as he or she considers appropriate, or

  • (b) revoke the approval,

  and subsections (6) to (10) shall, with any necessary modifications, apply in respect of the decision of the chief executive under this subsection and, where renewed, the approval as so renewed. (12) The chief executive may at any time revoke an approval where the CCTV scheme to which the approval relates has been operated otherwise than—

  • (a) in accordance with the approval, or

  • (b) in accordance with the code of practice for the time being approved under section 23B for the purposes of the operation of this section.

• (13) Where, in relation to an approved CCTV scheme, it is proposed that there are to be changes to the scheme, other than repairs or modifications that do not alter the extent of the coverage of the scheme or the capability of the devices used in the scheme an authorised person shall make a proposal under subsection (1) in respect of those changes and this section shall apply, with any necessary modifications, in respect of that proposal and where an approval is given in respect of that new proposal, the existing approval shall be revoked.

• (14) Where an approval—

  • (a) expires and is not renewed, or

  • (b) is revoked by the chief executive under this section,

  the local authority shall, not later than one month after the date on which the approval expired or is revoked, as the case may be, terminate the operation of the CCTV scheme concerned. (15) Notice of the approval, review or revocation of a proposal under this section shall be published on the website of the local authority concerned.

• (16) In this section, ‘chief executive’ has the same meaning as it has in section 2 of the Local Government Act 2001.”.

• (2) The Minister shall not make an order under section 1(2) for the purposes of bringing subsection (1) into operation until such time as a code of practice in respect of the operation of section 23A (inserted by subsection (1)) of the Act of 1997 has been approved by the Minister under section 23B (inserted by section 33) of that Act and laid before each House of the Oireachtas in accordance with that section.

33. Code of practice for purposes of section 23A

33. The Act of 1997 is amended by the insertion of the following section after section 23A (inserted by section 32):

“23B. (1) The Local Government Management Agency shall, as soon as practicable after the coming into operation of section 33 of the Act of 2022, prepare and submit to the Minister for his or her approval a draft code of practice for the purposes of setting standards for the operation of section 23A.

• (2) A draft code of practice referred to in subsection (1) shall include provisions in relation to the following:

  • (a) the procedures and standards to be followed in the operation of section 23A including in the installation of devices to be used in a CCTV scheme;

  • (b) confidentiality, security, storage, access to, retention, deletion and any other processing of, data gathered in accordance with section 23A;

  • (c) the circumstances in which data gathered under section 23A is to be disposed of or destroyed;

  • (d) the rights of data subjects in so far as they relate to the operation of section 23A;

  • (e) such other matters, if any, related to the operation of section 23A that the Local Government Management Agency considers appropriate,

  and the code of practice may contain different provisions in relation to different types of devices or systems, in relation to different categories of persons and in relation to the different circumstances in which such devices or systems are operated. (3) In preparing a draft code of practice under this section, the Local Government Management Agency—

  • (a) shall carry out or cause to be carried out on its behalf an assessment of the likely impact on data subjects of the types of processing of personal data contemplated by section 23A,

  • (b) shall ensure that the assessment referred to in paragraph (a) contains the following:

    • (i) a general description of the type of processing operations to which the assessment relates;

    • (ii) an assessment of the potential risks to the rights and freedoms of data subjects as a result of that processing;

    • (iii) a description of any safeguards, security measures or mechanisms proposed to be implemented by the local authority to mitigate any risk referred to in subparagraph (ii) and to ensure the protection of personal data in rela-tion to the types of processing contemplated by section 23B,

    and

  • (c) shall ensure that the draft code takes account of the assessment referred to in paragraph (a).

• (4) Before submitting a draft code of practice to the Minister under this section, the Local Government Management Agency—

  • (a) shall consult with—

    • (i) the Minister,

    • (ii) the Minister for Housing, Local Government and Heritage,

    • (iii) the Minister for Justice, and

    • (iv) the Data Protection Commission,

  • (b) shall provide the assessment referred to in subsection (3) to the persons referred to in paragraph (a) before consulting with those persons, and

  • (c) may consult with any other person or body appearing to the Local Government Management Agency to have an interest in the operation of section 23A and such other person that the Minister may direct.

• (5) The Minister may approve, with or without modifications, a code of practice submitted to him or her under this section.

• (6) The Local Government Management Agency shall ensure that a code of practice approved by the Minister under this section is reviewed by it on a regular basis with the first review to be not later than 5 years from the date on which the code is first approved by the Minister, and, in the case of each subsequent review, not later than 5 years from the date of the previous review.

• (7) The Local Government Management Agency shall consult with the persons referred to in subsection (4) when conducting a review under subsection (6).

• (8) The Minister shall be informed in writing of the outcome of a review under subsection (6).

• (9) The Local Government Management Agency, following a review under subsection (6) or at any other time that it considers appropriate, may submit a further draft code of practice to the Minister to amend, revoke or replace, an existing code of practice, or to create a new code of practice or may request the Minister to renew the code which was the subject of the review.

• (10) Subject to subsection (11), subsections (2) to (9) shall apply in relation to a draft code of practice submitted to the Minister under subsection (9) or to a request to renew an existing code as they apply to a draft code of practice submitted to the Minister under subsection (1).

• (11) Subsection (10) shall not apply where the amendments being made to a code of practice are minor or technical only.

• (12) A code of practice renewed or approved, as the case may be, by the Minister under this section shall be laid before each House of the Oireachtas by the Local Government Management Agency and shall be published on a website maintained by or on behalf of the Minister or the Government.”.

34. Admissibility of evidence obtained under section 23A

34. The Act of 1997 is amended by the insertion of the following section after section 23B (inserted by section 33):

“23C. (1) Evidence obtained under section 23A—

• (a) may be admitted as evidence in criminal proceedings, and

• (b) shall not require the device from which it was obtained be exhibited in court proceedings.

• (2) Nothing in section 23A is to be construed as prejudicing the admissibility of information or material obtained otherwise than as a result of operating a recording device under the provisions of this Act.

• (3) Information obtained as a result of the operation of an approved CCTV scheme may be admitted as evidence in criminal proceedings notwithstanding any error or omission on the face of the approval given in respect of the scheme concerned, if the court, having regard in particular to the matters specified in subsection (4), decides that—

  • (a) the error or omission concerned was inadvertent, and

  • (b) the information ought to be admitted in the interests of justice.

• (4) The matters referred to in subsection (3) are—

  • (a) whether the error or omission concerned was serious or merely technical in nature,

  • (b) the nature of any right infringed by the manner in which the information was obtained,

  • (c) whether there were circumstances of urgency relating to the giving of the approval, or

  • (d) the probative value of the information concerned.

• (5) A failure to observe any provision of section 23A or of any code of practice approved under section 23B on the part of any local authority or authorised person, shall not (without prejudice to the power of the court to exclude evid-ence) of itself affect the admissibility of any evidence thereby obtained.

• (6) It shall be presumed, unless the contrary is shown, that—

  • (a) any device used in an approved CCTV scheme for the purposes of this Act is a device capable of producing accurate information or material without the necessity of proving that that device was in good working order,

  • (b) the information produced by the device, and any copies thereof, is accurate, and

  • (c) the device was operated in accordance with the relevant code of practice approved under section 23B in respect of its operation.

• (7) A person who—

  • (a) falsifies, conceals, destroys or otherwise disposes of, information gathered by a recording device while it was or is being operated under this Act,

  • (b) permits the falsification, concealment, destruction or disposal, of such information, or

  • (c) knowingly causes damage to or destroys a recording device,

  shall be guilty of an offence. (8) A person shall not be guilty of an offence under subsection (7) where he or she—

  • (a) destroys or disposes, or

  • (b) permits the destruction or disposal,

  of information gathered by a recording device in accordance with a code of practice made under section 23B or otherwise in accordance with law.”.

35. Amendment of section 24 of Act of 1997

35. F6[...]

36. Amendment of section 28 of Act of 1997

36. Section 28 of the Act of 1997 is amended in subsection (1) (b) by the substitution of “ €250” for “ €150”.

PART 5 Natural Resources

Chapter 1

Amendment of Minerals Development Act 1940

37. Amendment of section 8 of Minerals Development Act 1940

37. Section 8 of the Minerals Development Act 1940 is amended by the insertion of the following subsection after subsection (1):

• “(1A) A prospecting licence granted by the Minister under this section after the coming into operation of section 37 of the Circular Economy and Miscellaneous Provisions Act 2022 shall not permit prospecting for coal, lignite or oil shale.”.

Chapter 2

Amendments to Minerals Development Act 2017

38. Amendment of section 17 of Minerals Development Act 2017

38. Section 17 of the Minerals Development Act 2017 is amended by the insertion of the following subsection after subsection (3):

• “(4) A prospecting licence granted by the Minister under this section after the coming into operation of section 38 of the Circular Economy and Miscellaneous Provisions Act 2022, shall not permit prospecting for coal, lignite or oil shale.”.

39. Amendment of section 65 of Minerals Development Act 2017

39. Section 65 of the Minerals Development Act 2017 is amended by the substitution of “specified minerals other than coal, lignite and oil shales” for “specified minerals”.

40. Amendment of section 66 of Minerals Development Act 2017

40. Section 66 of the Minerals Development Act 2017 is amended by the substitution of “additional minerals other than coal, lignite and oil shales” for “additional minerals”.

PART 6 Amendment of Environmental Protection Agency Act 1992

41. Amendment of section 87 of Environmental Protection Agency Act 1992

41. Section 87 of the Environmental Protection Agency Act 1992 is amended—

• (a) in subsection (1A), in paragraph (b) of the definition of “application for permission”, by the insertion of “181(2A),” after “177AE,”,

• (b) in subsection (1B)—

• (i) by the insertion of “or that involves development that is carried out or is proposed to be carried out by or on behalf of a Minister of the Government pursuant to an order made, or proposed to be made, under section 181(2)(a) of the Act of 2000 (in this section referred to as a ‘section 181(2)(a) order’),” after “grant of permission is required”,

• (ii) in paragraph (a)(ii), by the insertion of “or was exempted, in accordance with that Act, from being so required” after “Act of 2000”, and

• (iii) in paragraph (b)—

• (I) by the insertion of “, or where a section 181(2)(a) order has been made, a copy of that order,” after “by the planning authority concerned or An Bord Pleanála”, and

• (II) in subparagraph (ii), by the insertion of “or was exempted, in accordance with that Act, from being so required” after “Act of 2000”,

• (c) by the substitution of the following subsection for subsection (1C):

• “(1C) Where an application for a licence is made to the Agency in respect of an activity referred to in subsection (1B) but the applicant does not comply with that subsection, the Agency shall refuse to consider that application and shall inform the applicant accordingly.”,

• (d) in subsection (1D), by the substitution of the following paragraph for paragraph (d):

• “(d) ensure that—

• (i) a grant of permission has been made or a decision has been made to refuse a grant of permission for development comprising or for the purposes of the activity to which the application for the licence relates and the period for any appeal under section 37 of the Act of 2000 has expired without an appeal being made before notifying under section 87(2), indicating its proposed determination in relation to the application for a licence, or

• (ii) a section 181(2)(a) order has been made for development comprising or for the purposes of the activity to which the application for the licence relates or An Bord Pleánala has refused to grant approval under section 181(2L) of the Act of 2000 in respect of the development before notifying under section 87(2), indicating its proposed determination in relation to the application for a licence.”,

• (e) in subsection (1E)—

• (i) in paragraph (a)(i), by the insertion of “or by an approval granted under section 181(2L) of the Act of 2000, as the case may be,” after “referred to in subsection (1B)(b)”, and

• (ii) in paragraph (a) (ii), by the insertion of “or an approval granted under section 181(2L) of the Act of 2000, as the case may be,” after “referred to in subsection (1B)(b)”,

• (f) in subsection (2), by the insertion of the following paragraph after paragraph (aa):

• “(ab) where a section 181(2)(a) order has been made for development comprising or for the purposes of the activity to which the application for a licence relates, the Minister who made the order,”, and

• (g) in subsection (8) (a)—

• (i) in subparagraph (iia), by the substitution of “An Bord Pleanála,” for “An Bord Pleanála.”, and

• (ii) by the insertion of the following subparagraph after subparagraph (iia):

• “(iib) where a section 181(2)(a) order has been made for development comprising or for the purposes of the activity to which the applica-tion for a licence relates, the Minister who made the order,”.

PART 7 Amendment of Electricity Regulation Act 1999

42. Amendment of Electricity Regulation Act 1999

42. The Electricity Regulation Act 1999 is amended—

• (a) in section 11(1), by the insertion of “or a registration granted under Part IIIA” after “authorisation”;

• (b) in section 12, by the insertion of “or a registration granted under Part IIIA” after “authorisation”, and

• (c) by the insertion of the following Part after section 28: