ACTS AWAITING COMMENCEMENT
Circular Economy and Miscellaneous Provisions Act 2022
Date signed into law: 21 July 2022
The purpose of this act is to provide for the making of a Circular Economy Strategy, giving statutory footing to the government's Whole-of-Government Circular Economy Strategy and building on commitments set out in the Waste Action Plan to support Ireland's transition from a "take-make-waste" economic model. Under the legislation, the first circular economy strategy must be prepared and submitted no later than six months after s. 7(1) comes into operation. This strategy will include any necessary actions to support the making of a circular economy and may also include targets in relation to increasing the use of re-useable products and materials, increasing levels of repair and re-use of products, and reducing non-recyclable materials. This provision is awaiting commencement. A Circular Economy Fund will also be established under the legislation to provide support for waste reduction and circular economy schemes, and to support the production and sale of more environmentally friendly products.
Latest stage: Since the Autumn/Winter 2023 Horizon Tracker, a number of further provisions have been commenced by SI No. 40/2024 and SI No. 49/2024. Sections 10, 18. 19, 26(1)(d-f) and sections 35-40 have not been commenced.
Planning and Development, Maritime and Valuation (Amendment) Act 2022
Date signed into law: 24 July 2022
This legislation amends the Planning and Development Act 2000 in relation to substitute consent procedures and other matters including environmental impact assessments, and short term letting. In July the scope of the legislation was widened with the introduction of a number of amendments relating to the Maritime Area Planning Act 2021. Under the legislation, a new chapter concerning judicial review of maritime spatial plans ("MSP") and designated maritime area plans ("DMAP") was inserted, providing that any decisions made by public bodies under this part in relation to MSPs or DMAPs can only be challenged by way of judicial review. The act also provides for a selection competition for the appointment of a chief executive designate of the Maritime Area Regulatory Authority ("MARA"), and allows revision of a maritime area consent ("MAC") where there is a incompatibility between the MAC and the development permission for the maritime usage which is the subject of the MAC, amongst others.
For more information on planning aspects of the act in addition to a commentary and description of the new Planning and Development Bill 2023 (previously titled the Planning and Development Bill 2022) which is also relevant in this area please see the Commercial Real Estate section in this Horizon Tracker.
Latest stage: A number of provisions await commencement. Sections 10-21, and section 41(8)-(12) were commenced most recently on 16 December 2023 by SI No 645/2023.
Maritime Area Planning Act 2021
Date signed into law: 23 December 2021
This act establishes a new marine planning system underpinned by a statutory marine planning policy statement and guided by the National Marine Planning Framework. The legislation has been described as being a key enabler of long term, sustainable maritime area development, including future expansion of Ireland’s offshore renewable energy resources which will be imperative in meeting the country’s 2030 climate targets and transition to clean energy.
Latest stage: The Planning and Development, Maritime and Valuation (Amendment) Act 2022 has made some technical amendments to the legislation. The majority of the Act has been commenced by SI 394/2022 and SI 369/2023. A number of sections are still awaiting commencement. There has been no update since our Autumn Horizon Tracker.
Water Environment (Abstractions and Certain Impoundments) Act 2022
Date signed into law: 20 December 2022
This act regulates and establishes a national register of water abstractions greater than 25 cubic meters per day in order to ensure compliance with the requirements of the EU Water Framework Directive. The legislation provides for a risk-based approach to the regulation of abstractions. It also provides that all abstractions of 2,000 cubic metres or more per day will require licensing by the Environmental Protection Agency ("EPA").
Latest stage: Not yet commenced. No update from our Autumn Horizon Tracker.
Water Services (Amendment) Act 2022
Date signed into law: 7 December 2022
The purpose of this act is to provide for the separation of Irish Water from Ervia, establishing it as the sole national authority for water services to be known as Uisce Éireann. The legislation provides for a new Board and Chief Executive Officer of Uisce Éireann and revised accountability and auditing arrangements. The legislation amends a number of acts, including the Gas Act 1976, the Water Services Act 2013, the Water Services (No. 2) Act 2013, the Water Services Act 2017.
Latest stage: The majority of the act has been commenced, s. 14 requires commencement orders.
IRISH PROPOSED LEGISLATION
Marine Protected Area Bill
In line with the EU's biodiversity strategy to protect 30% of EU waters by 2030, this bill aims to empower the Minister, alongside an advisory body, to identify marine protected areas ("MPAs") to promote conservation of aquatic species and important habitats. Currently, only 8.3% of Ireland's waters are covered by protected areas. These protected areas will work in unison with Ireland's climate plan and will support Irelands offshore wind industry. The general scheme also outlines that the identification of areas which are unsuitable for the offshore renewable energy developments will be as efficient and quick as possible so as the aims for the national climate adaption are met.
Latest stage: Pre-legislative scrutiny complete in February 2023. See the report for details. Listed for priority publication in the Spring Legislative Programme.
Environment Protection Agency and Waste Management (Amendment) Bill
The bill will enable the EPA to be more efficient and effective in its determinations by providing for stream-lined approach to decision making and shortening the period for final determination of industrial emission and waste licences of the Agency.
Latest stage: Heads of bill are in preparation. Listed for priority drafting in the Spring Legislative Programme.
Aarhus Convention Bill
The purpose of this bill is to consolidate and provide for further implementation in Ireland of the access to justice provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice.
Latest stage: Heads of bill in preparation.
Inland Fisheries (Consolidation) Bill
The purpose of this bill is to modernise and consolidate existing Inland Fisheries legislation.
Latest stage: Heads of bill in preparation.
EU DIRECTIVES AWAITING IMPLEMENTATION
Directive on aviation’s contribution to the EU emission reduction target
Date published: 16 May 2023
This legislation amends Directive 2003/87/EC to reduce emissions in the aviation sphere by amending the EU’s Emissions Trading System for the purpose of:
- implementing the carbon offsetting and reduction scheme for international aviation (“CORSIA”) in a way that is consistent with the EU’s 2030 climate objectives; and
- increasing the share of allowances auctioned under the system for aircraft operators to further contribute to reducing greenhouse gas emissions.
Latest stage: Member States must adopt implementing legislation by 31 December 2023. However, there is currently no proposed implementing legislation before the Oireachtas.
EU REGULATIONS
Regulation on Deforestation-free Products
Procedure reference: 2021/0366/COD
Date published: 17 November 2021
The purpose of this proposed regulation is to address the issue of deforestation caused by EU product consumption and production. Following on from the Commission Communication 'Stepping up EU Action to Protect and Restore the World’s Forests' which highlighted the need for regulatory measures for deforestation-free supply chains and transparency regarding deforestation associated with EU commodity imports, this initiative aims to minimise the consumption of products which come from supply chains associated with deforestation, forest degradation, and forest conversion.
This proposal will complement the EU's Sustainable Corporate Governance ("SCG") initiative, with the SCG targeting corporate value chains generally, as well as setting out due diligence obligations. This initiative focuses specifically on deforestation-linked products and although it did not originally target the financial sector or investments, amendments adopted by the European Parliament would bring all banking, investment and insurance activities of financial institutions within the scope of the regulation.
Latest stage: Entered into effect on 9 June 2023.
EU DRAFT LEGISLATION
Proposal for a Directive on the Sustainable Products Initiative
Procedure reference: 2022/0095/COD
Date published: 31 March 2022
This initiative, which will revise the Ecodesign Directive and propose additional legislative measures as appropriate, aims to make products placed on the EU market more sustainable. Consumers, the environment and the climate will benefit from products that are more durable, reusable, repairable, recyclable, and energy-efficient. The initiative will also address the presence of harmful chemicals in products such as:
- electronics and ICT equipment;
- textiles;
- furniture; and
- steel, cement and chemicals.
Latest stage: On 4 December 2023, informal agreement was reached following trilogue negotiations the European Parliament, Commission and Council.
Proposal for a Regulation on preventing plastic pellet losses to reduce microplastic pollution
Procedure reference: 2023/0373/COD
Date published: 16 October 2023
This proposed regulation aims to reduce the unintentional release of microplastics into the environment and restricts the intentional inclusion of microplastics in products. It aims to improve the science on the risks and occurrence of microplastics in the environment, tap water and food, and reduce environmental pollution and potential health risks, while respecting the principles of the single market and encouraging competitiveness and innovation.
Latest Stage: First reading of the Council.
Proposal for a Regulation Revising EU Rules on Waste Shipments
Procedure reference: 2021/0367
Date published: 17 November 2021
This proposed regulation will review the EU rules on waste shipments. The purpose of this review is to ensure that EU policy on waste shipments promotes recycling in the EU to support the transition to the circular economy. The review will also explore ways to reduce the export of waste, for example through:
- a better inspection system;
- measures against illegal shipments; and
- measures to avoid potential environment-and-health related adverse effects on the environment and public health caused by shipments of waste to third countries outside the EU.
Latest stage: On 17 November 2023, informal agreement was reached following trilogue negotiations the European Parliament, Commission and Council. On 27 February, the Parliament formally adopted the regulation. We are now awaiting formal adoption Council.
Proposal for a Regulation on nature restoration
Procedure reference:
Date published: 22 June 2022
The EU nature restoration law aims to restore degraded ecosystems in all Member States, help achieve the EU’s climate and biodiversity objectives and enhance food security. Under the law, Member States must restore at least 30% of habitats covered by the new law (from forests, grasslands and wetlands to rivers, lakes and coral beds) from a poor to a good condition by 2030, increasing to 60% by 2040, and 90% by 2050. Once in a good condition, Member States will then have to proactively ensure that an area does not significantly deteriorate. Member States will also have to adopt national restoration plans detailing how they intend to achieve these targets.
The law also provides for an emergency brake, as requested by Parliament, so targets for agricultural ecosystems can be suspended under exceptional circumstances if they severely reduce the land needed for sufficient food production for EU consumption.
Latest stage: On 27 February 2024, informal agreement was reached following negotiations between the Council, Parliament and Commission.