Litter Pollution Act 1997

Number 12 of 1997

LITTER POLLUTION ACT 1997

REVISED

Updated to 31 March 2024

This Revised Act is an administrative consolidation of the Litter Pollution Act 1997. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Road Traffic Act 2024 (10/2024), enacted 17 April 2024, and all statutory instruments up to and including the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (Commencement) Order 2024 (S.I. No. 123 of 2024), made 28 March 2024, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 12 of 1997

LITTER POLLUTION ACT 1997

REVISED

Updated to 31 March 2024

ARRANGEMENT OF SECTIONS

PART I

Short Title and Interpretation

Section
1.	Short title.
2.	Interpretation.

PART II

Litter Pollution Generally

3.	Prohibitions related to littering.
4.	Obligations to prevent litter.
5.	Certain activities not prohibited.
6.	Duty of occupiers, etc., regarding littering.

PART III

Local Authority Functions and Duties Generally

7.	Duty respecting public roads.
8.	Prevention of creation of litter.
9.	Notices requiring the removal of litter.
10.	Litter management plan required.
11.	Requirements of litter management plan.
12.	Procedure for making, amending or replacing litter management plan.
13.	Duties are a reserved function of local authority.
14.	Immunity of local authorities, etc., from liability.

PART IV

Littering-Related Matters

15.	Mobile outlets.
16.	Powers of local authorities to require the taking of special measures regarding litter by certain operations.
17.	Powers of local authorities to require the taking of measures regarding litter creation by major events.
18.	Powers of local authorities to take measures to prevent or limit litter creation by major events.
19.	Prohibition of articles and advertisements on and defacement of certain structures, etc.
20.	Powers of local authorities regarding articles and advertisements on, and defacement of, certain structures, etc.
21.	Power of local authorities to make bye-laws in relation to litter.
22.	Dog related offence.

PART V

Enforcement

23.	Offences involving, and powers of, litter wardens, etc.
23A.	Operation of CCTV for certain purposes.
23B.	Code of practice for purposes of section 23A.
23C.	Admissibility of evidence obtained under section 23A.
24.	Punishment for offences.
25.	Offence related provisions.
26.	Evidence in relation to certain offences.
27.	Vehicle related offences.
28.	Notice of certain offences may be given by litter wardens, etc.

PART VI

General

29.	Minister may issue directions and guidelines, etc.
30.	Extension of purposes for which regulations under Waste Management Act, 1996, may be made.
31.	Regulations.
32.	Service of notices.
33.	Expenses.
34.	Disposition of moneys received by local authorities.

PART VII

Related and Consequential Amendments and Commencement

35.	Amendment and repeal of certain enactments.
36.	Commencement.

Acts Referred to
Companies Acts, 1963 to 1990
Control of Dogs Act, 1986	1986, No. 32
County Management Acts, 1940 to 1994
Electoral Act, 1992	1992, No. 23
Litter Act, 1982	1982, No. 11
Local Government Act, 1994	1994, No. 8
Local Government (Planning and Development) Act, 1963	1963, No. 28
Presidential Elections Act, 1993	1993, No. 28
Referendum Act, 1994	1994, No. 12
Roads Act, 1993	1993, No. 14
Road Traffic Act, 1961	1961, No. 24
Waste Management Act, 1996	1996, No. 10

Number 12 of 1997

LITTER POLLUTION ACT 1997

REVISED

Updated to 31 March 2024

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:

Annotations

Modifications (not altering text):

Prospective affecting provision: references construed by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), s. 26 and sch. 1 part 2, not in effect as of date of revision.

Director general

26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.

(2) The person who, immediately before the vesting day, was the chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).

(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.

(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

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SCHEDULE 1

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PART 2

Enactments for Purposes of Sections 10 and 26

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No. 12 of 1997 Litter Pollution Act 1997 The whole Act.

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Revised Acts

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Litter Pollution Act 1997