Litter Act, 1982

Powers of local authorities in relation to vehicles and certain articles on land.

12.—(1) Where it appears to a local authority that it is in the interests of amenity or of the environment of an area that any vehicles or other articles (being disused articles) kept on any land in its area for the purpose of being dismantled, reconditioned, repaired, stored or sold, should be removed or that other steps should be taken in relation to them, it may serve a notice in the prescribed form or in a form to the like effect on the occupier (if any) of the land or the person so keeping the vehicles or articles requiring him to remove the vehicles or articles from the land or to take other specified steps in relation to them within a period specified in the notice that is not less than one month after—

(a) the date of the service of the notice, or

(b) if there is an appeal against the notice under subsection (2) of this section, the date of the determination of the appeal, or

(c) if there is such an appeal and it is withdrawn, the date of the withdrawal.

(2) A person upon whom a notice under this section is served may, within 21 days of the date of the service of the notice, appeal to the District Court against the notice and the District Court may confirm the notice with or without modification or annul the notice.

(3) Where a notice is served upon a person under this section—

(a) if the person does not appeal against the notice under subsection (2) of this section, he shall comply with its terms within the period specified in the notice after the date of the service of the notice, and

(b) if the person appeals against the notice under the said subsection and the notice is confirmed with or without modifications by the District Court, he shall comply with its terms, or its terms as modified by the District Court, as the case may be, within the period specified in the notice after the date of the determination of the appeal, and

(c) if the person appeals against the notice and withdraws the appeal, he shall comply with its terms within the period specified in the notice after the date of the withdrawal.

(4) Where, in relation to a notice under this section, there is a contravention of subsection (3) of this section, the local authority concerned may, subject to the provisions of this section, by its servants or agents—

(a) give effect to the terms of the notice, and

(b) where necessary for those purposes, by its servants or agents enter on the land to which the notice relates, remove and store, or procure the storage (whether by another local authority or otherwise) of, the vehicles or other articles concerned,

and may recover the expenditure reasonably incurred by it in so doing from the person upon whom the notice was served as a simple contract debt in any court of competent jurisdiction.

(5) Before exercising any functions conferred on it by subsection (4) of this section, a local authority shall, not less than 7 days before the date of such exercise, serve a notice in the prescribed form or in a form to the like effect upon the occupier (if any) of the land concerned or the person keeping the vehicles or other articles concerned on the land concerned stating its intention to do so.

(6) A local authority may, upon such terms and conditions as may be agreed upon by it and the occupier (if any) of any land where vehicles or other articles to which subsection (1) of this section applies are kept or the person so keeping the vehicles or articles, if it appears to the local authority that, in the interests of amenity or of the environment of an area, they should be removed or other steps should be taken in relation to them—

(a) by its servants or agents, remove and dispose of or store or, as may be appropriate, take other steps in relation to, the vehicles or articles, and

(b) for those purposes, by its servants or agents, enter on the land.

(7) A person who contravenes subsection (3) of this section or who obstructs or impedes a local authority or its servants or agents acting in the exercise of the functions conferred on a local authority by subsection (4) or (6) of this section shall be guilty of an offence.

(8) In a prosecution for an offence in respect of a contravention of subsection (3) of this section, it shall be a defence to show that the use of the land concerned for the purposes of keeping the vehicles or other articles concerned was in accordance with a permission under Part IV of the Local Government (Planning and Development) Act, 1963 .

(9) Any development, within the meaning of the Local Government (Planning and Development) Act, 1963 , carried out pursuant to a notice under subsection (1) of this section or under such a notice as modified under subsection (2) of this section shall be exempted development, within the meaning of that Act.

(10) In this section “disused”, in relation to an article, means being in such condition because of neglect, damage, deterioration, lack of repair or other cause, as to be unsuitable for use for the purpose for which the article was designed.