Litter Pollution Act 1997

PART I Short Title and Interpretation

1. Short title.

2. Interpretation.

F1["Act of 2022" means the Circular Economy and Miscellaneous Provisions Act 2022;

"approval", in relation to a proposal undersection 23A, means an approval given undersection 23A(5)or renewed undersection 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 bysection 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 withsection 23Band 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;]

“ 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;

F1["operation", in relation to closed circuit television, includes the maintenance and monitoring of closed circuit television;]

“ prescribed ” 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;

F1["recording device" means a device that is capable of recording or processing, or both, visual images or audio, or both, on any medium, from which a visual image or moving visual images may be produced and includes any accompanying document, and, where only visual images or moving visual images are concerned, includes any sound accompanying those images but does not include automatic number plate recognition devices or facial recognition devices;]

“ 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.

PART II Litter Pollution Generally

3. Prohibitions related to littering.

(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.

4. Obligations to prevent litter.

(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.

5. Certain activities not prohibited.

(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.

6. Duty of occupiers, etc., regarding littering.

(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.

PART III Local Authority Functions and Duties Generally

7. Duty respecting public roads.

8. Prevention of creation of litter.

(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.

9. Notices requiring the removal of litter.

(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.

10. Litter management plan required.

(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.

11. Requirements of litter management plan.

(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.

12. Procedure for making, amending or replacing litter management plan.