Litter Pollution Act 1997

Number 12 of 1997

LITTER POLLUTION ACT 1997

REVISED

Updated to 27 April 2022

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 Health (Miscellaneous Provisions) Act 2022 (6/2022), enacted 12 April 2022, and all statutory instruments up to and including the Companies Act 2014 (Section 12A(1)) (Covid-19) Order 2022 (S.I. No. 220 of 2022), made 26 April 2022, 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 00 of 0000

LITTER POLLUTION ACT 1997

REVISED

Updated to 27 April 2022

Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Litter Pollution Acts 1997 to 2009: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Electoral (Amendment) (No. 2) Act 2009 (9/2009), s. 10(4)). The Acts in this group are:

• Litter Pollution Act 1997 (12/1997)

• Waste Management (Amendment) Act 2001 (36/2001), s. 14

• Protection of the Environment Act 2003 (27/2003), Part 4

• Electoral (Amendment) (No. 2) Act 2009 (9/2009), s. 9

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Gaeltacht Act 2012 (34/2012)

• Electoral (Amendment) (No. 2) Act 2009 (9/2009)

• Protection of the Environment Act 2003 (27/2003)

• Local Government Act 2001 (37/2001)

• Waste Management (Amendment) Act 2001 (36/2001)

All Acts up to and including Health (Miscellaneous Provisions) Act 2022 (6/2022), enacted 12 April 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Direct Election of Mayor Plebiscite Regulations 2019 (S.I. No. 162 of 2019)

• Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 393 of 2016)

• Litter Pollution (Increased Notice Payment) Order 2007 (S.I. No. 558 of 2007)

• Litter Pollution Regulations 1999 (S.I. No. 359 of 1999)

• Litter Pollution Regulations 1997 (S.I. No. 214 of 1997)

• Litter Pollution Act, 1997 (Commencement) Order 1997 (S.I. No. 213 of 1997)

All statutory instruments up to and including Companies Act 2014 (Section 12A(1)) (Covid-19) Order 2022 (S.I. No. 220 of 2022), made 26 April 2022, were considered in the preparation of this revision.

Number 12 of 1997

LITTER POLLUTION ACT 1997

REVISED

Updated to 27 April 2022

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.
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 27 April 2022

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:

Revised Acts

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Litter Pollution Act 1997