Circular Economy and Miscellaneous Provisions Act 2022

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.

5 O.J. No. L.396, 30.12.2006, p. 1