Litter Act, 1982

• Jurisdiction: Ireland
• Citation: IR No. 11/1982
• Year: 1982

Number 11 of 1982
LITTER ACT, 1982
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Duty of local authorities to prevent litter. 3. Prohibition of creation of litter. 4. Duty of occupiers of land in relation to litter. 5. Provisions regarding certain offences in relation to litter. 6. Provisions relating to litter wardens. 7. Prohibition of articles and advertisements on and defacement of certain structures, etc. 8. Powers of local authorities in relation to articles and advertisements on and defacement of certain structures, etc. 9. Duty of local authorities to provide places for abandoning vehicles and metal scrap. 10. Prohibition of abandonment of vehicles. 11. Powers of local authorities in relation to abandoned vehicles. 12. Powers of local authorities in relation to vehicles and certain articles on land. 13. Disposal by local authorities of vehicles etc. removed under sections 11 and 12. 14. Disposal of moneys accruing to local authorities under Act. 15. Penalties. 16. Provisions in relation to offences. 17. Service of notices. 18. Regulations. 19. Repeal. 20. Short title and commencement.
Acts Referred to Companies Acts, 1963 and 1977 Electoral Act, 1923 1923, No. 12 Local Government (Roads and Motorways) Act, 1974 1974, No. 6 Local Government (Planning and Development) Act, 1963 1963, No. 28 Presidential Elections Act, 1937 1937, No. 32 Public Health (Ireland) Act, 1878 1878, c. 52 Referendum Act, 1942 1942, No. 8 Road Traffic Act, 1961 1961, No. 24
Number 11 of 1982
LITTER ACT, 1982
AN ACT TO PROVIDE FOR THE PREVENTION AND REGULATION OF THE CREATION OF LITTER, AND FOR THE CONTROL OF LITTER, IN OR NEAR A PUBLIC PLACE AND FOR THE PROHIBITION OF THE ABANDONMENT OF VEHICLES ON ANY LAND WITHOUT THE CONSENT OF THE OCCUPIER, TO PROVIDE FOR THE CONTROL AND REGULATION OF THE KEEPING OF DISUSED VEHICLES AND OTHER ARTICLES ON ANY LAND, TO PROVIDE FOR THE PREVENTION OF THE PLACING OF UNAUTHORISED ARTICLES, ADVERTISEMENTS AND WRITING IN OR NEAR A PUBLIC PLACE, FOR THOSE AND OTHER PURPOSES TO CONFER CERTAIN FUNCTIONS ON LOCAL AUTHORITIES AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE FOREGOING. [30th June, 1982]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Definitions.	1.—In this Act, save where the context otherwise requires—
	“abandoned”, in relation to a vehicle, includes left in such circumstances or for such a period that it is reasonable to assume that the vehicle has been abandoned, and cognate words shall be construed accordingly;
	“functions” includes powers and duties and a reference to the performance of a function includes, with respect to powers, a reference to the exercise of powers;
	“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, or
	(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 with water;
	“litter warden” means a person employed by a local authority and authorised by it to perform the functions of a litter warden under this Act;
	“local authority” means—
	(a) in the case of a county other than any borough or urban district therein, the council of the county,
	(b) in the case of a county or other borough, the corporation of the borough, and
	(c) in the case of an urban district, the council of the district,
	and any reference to the area of a local authority shall be construed accordingly;
	“the Minister” means the Minister for the Environment;
	“occupier”, in relation to any land, includes a person entitled to occupy that land and cognate words shall be construed accordingly;
	“prescribed” means prescribed by regulations made by the Minister;
	“public place” means any street, road, seashore or other place to which the public have access whether as of right or by permission and whether subject to or free of charge;
	“registered owner” has the meaning assigned to it by the Road Traffic Act, 1961 ;
	“vehicle” includes—
	(a) part of a vehicle,
	(b) an article designed as a vehicle but not at the time of abandonment under section 10 of this Act or removal under section 11 or 12 of this Act capable of functioning as a vehicle,
	(c) a skip designed or used for carriage on a vehicle,
	(d) a load on a vehicle.
	Duty of local authorities to prevent litter.	2.—(1) A local authority shall take measures for the prevention of the creation, and for the prevention and overcoming of the harmful effects, of litter in its area and for the 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) of this section may include—
	(a) measures for the collection and disposal of litter,
	(b) measures to encourage participation by the public in the collection and disposal of litter and in preventing and overcoming the harmful effects of litter,
	(c) measures to facilitate and encourage the recycling of waste, and
	(d) the undertaking of works and the provision of facilities and services including publicity, advisory and educational services.
	Prohibition of creation of litter.	3.—(1) A person shall not—
	(a) deposit anywhere, whether in a receptacle or not, any substance, material or thing for collection by or on behalf of a local authority, or
	(b) (i) otherwise place or leave, anywhere, or
	(ii) throw down, anywhere,
	any substance, material or thing,
	so as to create or tend to create litter in a public place or litter that is visible from a public place.
	(2) A person shall not load, transport, unload or otherwise handle or process any substance, material or thing, or carry on a trade, in a manner that creates or tends to create litter in a public place or litter that is visible from a public place.
	(3) A person who contravenes subsection (1) or (2) of this section shall be guilty of an offence.
	(4) Nothing in this section or in section 4 of this Act shall be construed as prohibiting—
	(a) the deposit of any substance, material or thing in a receptacle provided for such deposit in any place,
	(b) the deposit in any place of a receptacle containing any substance, material or thing for collection by or on behalf of a local authority,
	(c) the deposit of any substance, material or thing in a receptacle in any place for recycling,
	(d) the disposal of waste—
	(i) in a place provided by a local authority for the purpose, or
	(ii) in accordance with a permission under Part IV of the Local Government (Planning and Development) Act, 1963 , or the European Communities (Waste) Regulations, 1979 (S.I. No. 390 of 1979), the European Communities (Waste) (No. 2) Regulations, 1979 (S.I. No. 388 of 1979), or the European Communities (Toxic and Dangerous Waste) Regulations, 1982 (S.I. No. 33 of 1982),
	provided that reasonable care is taken to prevent the creation of litter.
	(5) Where a mechanically propelled vehicle (other than a public service vehicle) is used in the commission of an offence under subsection (3) of this section—
	(a) the registered owner of the vehicle,
	(b) if the vehicle is the subject of a hire-drive agreement at the time of the commission of the offence, the hirer of the vehicle, and
	(c) if the person using the vehicle at the time of the commission of the offence is not the registered owner or the hirer of the vehicle, the person using the vehicle at that time,
	shall be guilty of an offence in addition to any person guilty of the first-mentioned offence.
	(6) Where a person charged with an offence under subsection (5) of this section is the registered owner of the vehicle concerned, it shall be a defence for him to show that, at the time of the commission of the offence, the vehicle was being used by another person and that—
	(a) such use was unauthorised, or
	(b) the vehicle was at that time the subject of a hire-drive agreement.
	(7) Where a person charged with an offence under subsection (5) of this section is the person to whom the vehicle concerned stood hired at the time of the commission of the offence under a hire-drive agreement, it shall be a defence for him to show that, at that time, the vehicle was being used by another person and that such use was unauthorised.
	(8) In this section “mechanically propelled vehicle” and “public service vehicle” have the meanings assigned to them by the Road Traffic Act, 1961 .
	Duty of occupiers of land in relation to litter.	4.—(1) The occupier of any land (not being a public road or a building or other structure) that is a public place shall keep the land free of litter.
	(2) The occupier of any land (other than a building or other structure) that is not a public place shall keep the land free of litter that is visible from a public place.
	(3) A local authority may, upon such terms and conditions as may be agreed upon by it and the occupier of any land in its area on which there is litter, if it appears to the local authority that, in the interests of amenity or of the environment of an area, it should be removed or other steps should be taken in relation to it—
	(a) by its servants or agents, remove and dispose of, or take other steps in relation to, the litter, and
	(b) for those purposes, by its servants or agents enter on the...