LITTER POLLUTION ACT 1997

LITTER POLLUTION ACT 1997 - LONG TITLE

AN ACT TO PROVIDE FOR THE PREVENTION AND CONTROL OF LITTER

POLLUTION,THE PREVENTION OF THE DEFACEMENT OF CERTAIN PLACES AND MATTERS RELATING THERETO.

[18th April, 1997]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

LITTER POLLUTION ACT 1997 - PART I - SHORT TITLE AND INTERPRETATION

LITTER POLLUTION ACT 1997 - SECT 1

Short title.

1.—This Act may be cited as the Litter Pollution Act, 1997.

LITTER POLLUTION ACT 1997 - SECT 2

Interpretation.

2.—(1) In this Act, unless the contrary intention appears—

"deposit", in relation to a substance or object that can constitute litter in respect of any place, means to throw, drop, dump, abandon or discard the substance or object, as the case may be, or allow it to escape or be released in or into the place;

"footway" has the meaning assigned by the Roads Act, 1993;

"functions" includes powers and duties and a reference to the performance of a function includes, with respect to powers and duties, a reference to the exercise of the powers and the carrying out of the duties;

"hire-drive agreement", in relation to a mechanically propelled vehicle, means an agreement under which the vehicle is hired from its registered owner, other than—

( a ) a hire-purchase agreement,

( b ) an agreement merely for the carriage of persons or goods,

( c ) an agreement under which the registered owner of the vehicle drives, or provides a driver for, the vehicle;

"land" includes any structure and any land covered by water;

"litter" means a substance or object, whether or not intended as waste (other than waste within the meaning of the Waste Management Act, 1996, which is properly consigned for disposal) that, when deposited in a place other than a litter receptacle or other place lawfully designated for the deposit, is or is likely to become unsightly, deleterious, nauseous or unsanitary, whether by itself or with any other such substance or object, and regardless of its size or volume or the extent of the deposit;

"litter receptacle" means a receptacle designated or otherwise apparently intended to be used for the deposit of litter;

"litter warden" means a person authorised by a local authority to perform, on behalf of the local authority, the functions of the local authority and of a litter warden under this Act;

"local authority" means, in the case of—

( a ) a county, other than any borough or urban district therein,

the council of the county,

( b ) a county or other borough, the corporation of the county or

other borough, and

( c ) an urban district, the council of the urban district, and a reference to the functional area of a local authority shall be construed accordingly;

"mechanically propelled vehicle" has the meaning assigned by the Road Traffic Act, 1961;

"the Minister" means the Minister for the Environment;

"occupier", in relation to any place or thing, means the person occupying, whether legally or otherwise, the place or thing and includes any other person having, for the time being, control of the place or thing;

"prescribe" means prescribed by regulations made by the Minister;

"public place" means any place to which the public has access whether as of right or by permission and whether subject to or free of charge;

"public road" has the meaning assigned by the Roads Act, 1993;

"registered owner", in respect of a vehicle, has the meaning assigned by the Road Traffic Act, 1961;

"roadway" has the meaning assigned by the Roads Act, 1993.

(2) In this Act, unless the contrary intention appears, a reference to—

( a ) a section or Part is a reference to a section or Part of this Act,

( b ) a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, and

( c ) an enactment includes a reference to that enactment as amended.

LITTER POLLUTION ACT 1997 - PART II

- LITTER POLLUTION GENERALLY

LITTER POLLUTION ACT 1997 - SECT 3

Prohibitions related to littering.

3.—(1) No person shall deposit any substance or object so as to create litter in a public place or in any place that is visible to any extent from a public place.

(2) No person shall—

( a ) deposit any thing that is commercial, household, industrial or municipal waste in any place for collection by or on behalf of a local authority or by another person, or

( b ) load, transport, unload or otherwise handle or process any thing or carry on a business, trade or activity in such circumstances as to create litter or lead to litter in any public place or any place that is visible to any extent from a public place.

(3) No person shall place municipal waste into or near a litter receptacle.

(4) No person shall move or interfere with a litter receptacle that has been provided by a local authority or other person unless the movement or interference is authorised by the local authority or other person.

(5) For the purposes of subsection (3), "municipal waste" has the meaning assigned by section 5 of the Waste Management Act, 1996.

(6) A person who contravenes any provision of this section shall be guilty of an offence.

LITTER POLLUTION ACT 1997 - SECT 4

Obligations to prevent litter.

4.—(1) A person who is the registered owner or is in charge of a vehicle being used to transport goods or materials shall take measures to prevent the creation of litter from the vehicle on a public road or in a public place.

(2) A person who is the owner or is in charge of a skip designed or used for carriage on a vehicle and that is parked or situated in a public place shall take measures to prevent the creation of litter in the vicinity of the skip.

(3) A person who contravenes any provision of this section shall be guilty of an offence.

(4) Where a person is charged with an offence under this section, it shall be a good defence for the person to show that any litter created as a result of a failure to take measures to prevent the occurrence was removed and properly disposed of as soon as practicable after being created.

LITTER POLLUTION ACT 1997 - SECT 5

Certain activities not prohibited.

5.—Nothing in section 3 shall be construed as prohibiting—

( a ) the deposit of waste in a receptacle or place provided for the purpose of such waste,

( b ) the deposit in any place of a receptacle containing any commercial, household, municipal or industrial waste for collection by or on behalf of a local authority or by another authorised waste collector within the meaning of the Waste Management Act, 1996, or

( c ) the deposit of waste at a civic waste facility, within the meaning of section 38 of the Waste Management Act, 1996, provided that reasonable care is taken to prevent the creation of litter.

LITTER POLLUTION ACT 1997 - SECT 6

Duty of occupiers, etc., regarding littering.

6.—(1) The occupier of a public place (not being a public road or a building or other structure) shall keep the place free of litter.

(2) The occupier of any land (other than land consisting of a building or other structure) that is not a public place shall keep the land free of litter that is to any extent visible from a public place.

(3) The owner of any land appurtenant to a residence that is let in two or more dwelling units (not being separate hereditaments) shall, notwithstanding the obligation of an occupier under subsection (2) in relation to land, keep the land free of litter that is to any extent visible from a public place.

(4) Every occupier of land adjoining a public road in respect of which a built-up area speed limit or special speed limit has been established in the functional area of a local authority shall keep free from litter—

(a) Any footway adjoining the land and forming, or forming part of, a public road, and

(b) Any area of land forming part of a public road between any such footway and the roadway.

(5) No person shall, in carrying out the obligation under subsection (4), deposit any substance or object so as to create litter on a roadway or in any other place.

(6) A person who contravenes any provision of this section shall be guilty of an offence.

LITTER POLLUTION ACT 1997 - PART III - LOCAL AUTHORITY FUNCTIONS AND DUTIES GENERALLY

LITTER POLLUTION ACT 1997 - SECT 7

Duty respecting public roads.

7.—A local authority shall ensure that each public road in its functional area is, so far as practicable, kept free of litter.

LITTER POLLUTION ACT 1997 - SECT 8

Prevention of creation of litter.

8.—(1) A local authority shall take all practicable measures for the prevention of the creation, and for the prevention and overcoming of the polluting effects, of litter in its functional area and for the control and disposal of litter and, for those purposes, may enter into arrangements with, or assist, other persons (including other local authorities) for or in the taking of such measures on behalf

of the authority.

(2) Measures taken pursuant to subsection (1) shall include—

( a ) measures for the collection and disposal of litter,

( b ) measures to promote awareness of the polluting effects of litter,

( c ) measures to encourage participation by persons in preventing and overcoming the polluting effects of litter and in the collection and disposal of litter including the provision and maintenance, in public places and adjacent to public roads, of litter receptacles of such type and quantity as the local authority considers necessary to prevent the creation of litter, and

( d ) the undertaking of works and the provision of facilities and services in relation to litter, including publicity, advisory and educational services.

(3) Where a local authority provides and maintains litter receptacles at any place, it shall make arrangements for the regular emptying and cleaning of such receptacles at such frequency as will ensure that no such receptacle or its contents will become a nuisance or be the cause of litter.

(4) A local authority may empty and clean litter receptacles that are provided by any other person.

LITTER POLLUTION ACT 1997 - SECT 9

Notices requiring the removal of litter.

9.—(1) Where it appears to a local authority that a person is contravening any provision of section 6 or that precautionary measures are required to prevent the creation of litter in the functional area of the local authority, the local authority may serve a notice on the person requiring the person to remove the litter to which the contravention relates or take such other precautionary measures specified in the notice as the local authority considers necessary.

(2) A notice under subsection (1) shall—

( a ) identify the place or land to which it relates,

( b ) state the grounds on which it is issued, and

( c ) specify the time within which it is to be complied with.

(3) A person on whom a notice under this section is served may, within such time as may be specified in the notice, make submissions in writing to the local authority concerned regarding the terms of the notice and the authority, after consideration of any such submissions, may amend the notice.

(4) A person on whom a notice under this section is served shall, within the time specified in the notice, comply with its terms.

(5) Where a person fails to comply with a notice served on the person under this section, the local authority concerned may, by its employees or agents—

(a) give effect to the terms of the notice, and

(b) where necessary for that purpose, by its employees or agents enter into the place or on the land concerned, and may recover the expenditure reasonably incurred by it in so doing from the person as a simple contract debt in any court of competent jurisdiction.

(6) A local authority may, upon such terms and conditions as may be agreed upon by it and the person concerned, in the case of any litter in respect of which this section applies—

( a ) by its employees or agents remove the litter or, as may be appropriate, take other steps in relation to it, and

( b ) for those purposes, by its employees or agents, enter into the place or on the land concerned.

(7) Any person who contravenes subsection (4) or obstructs or impedes a local authority or its employees or agents acting in the exercise of the functions conferred on a local authority by this section shall be guilty of an offence.

LITTER POLLUTION ACT 1997 - SECT 10

Litter management plan required.

10.—(1) Where, on the date of the coming into operation of this section, no litter management plan within the meaning of section 11 has been made and implemented in respect of the functional area of a local authority, the local authority shall, within 6 months after this section comes into operation—

( a ) make and implement a litter management plan in respect of its functional area, or

( b ) make and implement jointly with one or more other local authorities, a litter management plan a part of which relates to the functional area of each of the local authorities.

(2) A local authority shall review its litter management plan at least once in each period of 3 years after the plan is first implemented and, if the local authority deems it necessary after the review, shall amend or replace the plan.

(3) A local authority shall, not later than the thirty-first day of March, 1998, and that date in each year thereafter, prepare a report for consideration by the council or corporation, as the case may be, on the operation of this Act in the functional area of the local authority indicating the measures taken by the local authority in the previous calendar year in relation to the prevention and control of litter.

(4) Without prejudice to the generality of subsection (3), a report under that subsection shall assess—

( a ) all litter prevention and control programmes undertaken,

( b ) the extent of enforcement action taken under this Act,

( c ) the extent to which measures were taken to promote public awareness, including educational and information measures, and

( d ) the co-operation and assistance given by persons other than the local authority for the purposes of preventing and controlling litter.

LITTER POLLUTION ACT 1997 - SECT 11

Requirements of litter management plan.

11.—(1) A litter management plan shall—

( a ) specify such objectives as the local authority deems are appropriate to prevent and control litter in its functional area,

( b ) specify the measures to encourage public awareness with a view to eliminating litter pollution, including educational and information measures directed at young persons,

( c ) specify the measures or arrangements that are to be undertaken by the local authority in order to attain the objectives of the plan, and

( d ) include information on, or be formulated having regard to—

(i) an appraisal of all existing litter prevention and control programmes being operated by the local authority,

(ii) the policies and objectives of the local authority in relation to the prevention and control of litter,

(iii) the measures which, in so far as the local authority can determine, will or may be taken during the relevant period by persons other than the local authority for the purposes of preventing and controlling litter,

(iv) the facilities at which waste may be deposited by members of the public for recovery or disposal within the meaning of the Waste Management Act, 1996,

(v) the steps to be taken by the local authority to enforce the provisions of this Act in its functional area, and

(vi) any incidental and ancillary matters.

(2) A litter management plan may specify objectives to be attained in litter prevention and cleanliness for designated areas within its functional area and different objectives may be specified for different areas or classes of area.

(3) In making or reviewing a litter management plan, the local authority shall have regard to the proper planning and development of its functional area and shall, for that purpose, have regard to the provisions of the development plan and any special amenity area order made under the Local Government (Planning and Development) Act, 1963, for the time being in force in relation to the area and the provisions of any waste management plan made under the Waste Management Act, 1996.

(4) Where objectives referred to in subsection (2) are specified in a litter management plan, the local authority shall take such steps as it deems appropriate and necessary to attain the objectives.

LITTER POLLUTION ACT 1997 - SECT 12

Procedure for making, amending or replacing litter management plan.

12.—(1) Where a local authority proposes to make, amend or replace its litter management plan under section 10, it shall—

( a ) publish in one or more newspapers circulating in its functional area a notice of the proposal and arrange for the broadcasting of an announcement in respect of the proposal at least once on 3 successive days on one or more local radio stations broadcasting in that area, and

( b ) consult with such voluntary and representative bodies as the local authority deems appropriate concerning the steps which the local authority and the bodies that agree to participate in the consultations are to take in connection with the plan.

(2) A notice of proposal under subsection (1) (a) shall indicate—

( a ) whether the proposal is to make, amend or replace a litter management plan,

( b ) that a copy of a summary of the proposed plan, amendment or replacement plan, as the case may be, may be obtained from the local authority free of charge, and

( c ) that written submissions made to the local authority in relation to the proposed plan, amendment or replacement plan will be taken into consideration by the local authority before the plan is made, amended or implemented.

(3) A local authority, in its absolute discretion, may permit any person who has made submissions referred to in subsection (2) (c) to make oral presentation on the submissions to, or to discuss specific proposals with, the local authority.

(4) After considering the submissions referred to in subsection (2)(c) and any discussions referred to in subsection (3), the local authority may, as the case requires, make and implement the litter management plan, make and implement such amendment to the plan or implement such replacement plan as the local authority deems appropriate in the circumstances.

(5) As soon as possible after the making, amendment to or replacement of a litter management plan under this section, the local authority concerned shall publish and distribute the plan, amended plan or replacement plan, or a suitable outline thereof, as widely as possible in its functional area to such extent as will, in its opinion, give adequate publicity to the plan.

(6) An outline referred to in subsection (5) shall indicate—

(a) the extent and purpose of the plan,

(b) the methods by which the plan is proposed to be implemented, and

(c) the place where copies of the plan may be obtained.

LITTER POLLUTION ACT 1997 - SECT 13

Duties are a reserved function of local authority.

13.—(1) The making, review, amendment or replacement of a litter management plan under section 10 or 12 shall be a reserved function.

(2) For the purposes of subsection (1), "reserved function" means—

( a ) in relation to the council of a county or an elective body, a reserved function for the purposes of the County Management Acts, 1940 to 1994,

( b ) in relation to the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough.

LITTER POLLUTION ACT 1997 - SECT 14

Immunity of local authorities, etc. from liability.

14.—No action or other proceeding shall lie or be maintainable against a local authority, a litter warden or any other officer or employee of a local authority or a member of the Garda Síochána for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure to exercise any function conferred or imposed on the local authority by or under this Act.

LITTER POLLUTION ACT 1997 - PART IV - LITTERING-RELATED MATTERS

LITTER POLLUTION ACT 1997 - SECT 15

Mobile outlets.