Litter Pollution Act 1997

Notice of certain offences may be given by litter wardens, etc.

28

28. — (1) If a litter warden or a member of the Garda Síochána has reasonable grounds for believing that a person is committing or has committed a prescribed offence under this Act, or a dog warden, within the meaning of the Control of Dogs Act, 1986, or a member of the Garda Síochána has reasonable grounds for believing that a person is committing or has committed an offence under section 22, the warden or member may give to the person a notice in prescribed form stating—

(a) that the person is alleged to have committed the offence,

(b) that the person may during the period of 21 days beginning on the date of the notice, make to the local authority specified in the notice a payment of F16[€150] accompanied by the notice, and

(c) that a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(2) Where a notice is given under subsection (1) —

(a) a person to whom the notice applies may, during the period specified in the notice, make to the local authority specified in the notice the payment specified in the notice, accompanied by the notice,

(b) the local authority shall receive the payment and issue a receipt for it and may retain the money so paid for disposal in accordance with this Act, and no payment so received shall in any circumstances be recoverable by the person who made it, and

(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) In a prosecution for an offence referred to in subsection (1), the onus of showing that a payment pursuant to a notice under this section has been made shall lie on the accused.

(4) F17[…]

Annotations

Amendments:

F16

Substituted (30.09.2007) by Litter Pollution (Increased Notice Payment) Order 2007 (S.I. No. 558 of 2007), art. 4, in effect as per art. 3. A fine of €150 translates into a class E fine, not greater than €500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 8(3), table ref. no. 1, S.I. No. 662 of 2010.

F17

Repealed (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 14(7), commenced on enactment.

F18

Substituted by Circular Economy and Miscellaneous Provisions Act 2022 (26/2023), s. 36, not commenced as of date of revision.

Modifications (not altering text):

C7

Prospective affecting provision: subs. (1)(b) amended by Circular Economy and Miscellaneous Provisions Act 2022 (26/2023), s. 36, not commenced as of date of revision.

(b) that the person may during the period of 21 days beginning on the date of the notice, make to the local authority specified in the notice a payment of F18[€250] accompanied by the notice, and

Editorial Notes:

E10

Power pursuant to section exercised (3.01.2000) by Litter Pollution Regulations 1999 (S.I. No. 359 of 1999), in effect as per reg. 2.

E11

Previous affecting provision: subs. (1)(b) amended (1.01.2002) by Waste Management (Amendment) Act 2001 (36/2001), s. 14(3), commenced as per subs. (3); substituted as per F-note above.

E12

Previous affecting provision: subs. (1)(b) amended (30.01.2000) by Litter Pollution Regulations 1999 (S.I. No. 359 of 1999) reg. 3, in effect as per reg. 2; substituted as per E-note above.

E13

Previous affecting provision: power pursuant to section exercised (20.05.1997) by Litter Pollution Regulations 1997 (S.I. No. 214 of 1997); revoked (3.01.2000) by Litter Pollution Regulations 1999 (S.I. No. 359 of 1999), reg. 5, in effect as per reg. 2.