Litter Pollution Act 1997

F5[Power of local authorities to make bye-laws in relation to litter.

21

21. (1) A local authority may make bye-laws for the purposes of preventing the creation of, and controlling, litter within its functional area.

(2) Without prejudice to the generality of subsection (1), bye-laws made under that subsection may make provision for all or any of the following matters:

(a) the prohibition or regulation of the distribution to the public of advertising material or specified categories of advertising material,

(b) the regulation of the movement, location, use and operation of mobile outlets so as to secure the prevention or removal of litter at or in the vicinity of such outlets,

(c) requiring occupiers of specified premises or classes of premises to take such measures as are deemed necessary by the local authority to prevent or limit the creation of litter at or in the vicinity of such premises and provide for its removal,

(d) requiring the promoters or organisers of events at which large numbers of persons are likely to be present to take measures to prevent or limit the creation of litter at the events and provide for its removal,

(e) requiring the owners or managers of specified businesses or classes of business to wash, clean and brush down the public area outside of premises in which their business is carried on or cause those things to be done,

(f) the regulation of the provision and use of supermarket trolleys, including the imposition of duties on the owners or managers of retail outlets in cases where supermarket trolleys from those outlets are abandoned.

(3) A bye-law under subsection (1) shall not apply to—

(a) the distribution of advertising material by means of a direct delivery to a place having an address, or

(b) the distribution of advertising material relating to a presidential election within the meaning of the Presidential Elections Act 1993, a general election or a bye-election, within the meaning, in each case, of the Electoral Act 1992, a local election within the meaning of the Local Government Act 2001, a referendum, within the meaning of the Referendum Act 1994, an election of representatives to the European Parliament under the European Parliament Elections Act 1997, or an election of members of Údarás na Gaeltachta under the Údarás na Gaeltachta Act 1979.

(4) A bye-law under subsection (1) shall be made in accordance with, and shall be construed for the purposes of its enforcement as if it were made under, Part 19 of the Local Government Act 2001.

(5) Bye-laws made under subsection (1) may contain such incidental, supplementary and consequential provisions as appear to the local authority making them to be necessary.]

(2) A bye-law under subsection (1) shall not apply to—

(a) the distribution of advertising material by means of a direct delivery to a place having an address, or

(b) the distribution of advertising material relating to a presidential election within the meaning of the Presidential Elections Act, 1993, a general election or a bye-election, within the meaning, in each case, of the Electoral Act, 1992, a local election within the meaning of the Local Government Act, 1994, a referendum, within the meaning of the Referendum Act, 1994, or an election of representatives to the Assembly of the European Communities.

(3) A bye-law under subsection (1) shall be made in accordance with, and shall be construed for the purposes of its enforcement as if it were made under, Part VII of the Local Government Act, 1994.

Annotations:

Amendments:

F5

Substituted (1.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 57, S.I. No. 413 of 2003.

Editorial Notes:

E5

Previous affecting provision: reference construed (10.07.2006) by Local Government Act 2001 (37/2001), s. 209(2)(d), S.I. No. 361 of 2006; section substituted as per F-note above.

E6

Previous affecting provision: subs. (2)(b) amended (1.01.2004) by Local Government Act 2001 (37/2001), s. 42 and sch. 9 (3)(b), commenced as per s. 39(1); amendment superseded as per F-note above.