Litter Pollution Act, 1997

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Powers of local authorities to require the taking of special measures regarding litter by certain operations.

16.—(1) Without limiting the application of section 6 (4), where it appears to a local authority that special measures are required to be taken by an occupier of any premises to which this section applies in order to prevent or limit the creation of litter at the premises or on land in the vicinity thereof, or both, caused or likely to be caused by the operation of the business or undertaking of the occupier, the local authority may, by notice served on the occupier, require the occupier to take such measures at the premises or on land in the vicinity thereof as the local authority considers necessary to prevent or limit the creation of litter and provide for its removal.

(2) A notice under subsection (1)—

(a) shall identify the premises or the land in the vicinity thereof, or both, to which the notice relates,

(b) shall specify the measures required to be taken by the occupier to prevent or limit the creation of litter at the premises or on the land, or both, and to provide for its removal, and

(c) may specify that the occupier may, at the option of the occupier and in lieu of complying with the measures referred to in paragraph (b), make a financial contribution to the local authority in an amount specified in the notice towards the estimated cost to the local authority of collecting and removing the litter caused or likely to be caused by the operation of the business or undertaking of the occupier.

(3) A local authority shall, in determining the measures required to be taken by an occupier of premises pursuant to a notice under this section, in addition to such other factors as may be relevant in the circumstances, have due regard to—

(a) the nature and quantity of litter caused or likely to be caused at or on land in the vicinity of the premises, or both, which exceeds the nature or quantity that would ordinarily be caused if the occupier's business or undertaking was not being operated at those premises, and

(b) the duties of the local authority under this or any other Act in respect of the land in the vicinity of the premises.

(4) Before exercising any functions conferred on it by subsection (1), the local authority shall advise the occupier of the nature and extent of the measures that the local authority proposes to specify under subsection (2)(b) and provide the occupier with an opportunity within a specified time to make submissions in writing to the local authority in relation to the proposed measures, and the local authority, having considered any such submissions, may amend the proposed measures or confirm or revoke the proposed measures, and shall inform the occupier of such amendment, confirmation or revocation as soon as possible thereafter.

(5) An occupier of premises who is dissatisfied with any of the terms of a notice directed to the occupier under this section may, within 21 days after receipt of the notice, appeal the matter to the District Court having jurisdiction in the District Court district in which the premises or part of the premises are situated and the Court may confirm or annul the notice, confirm or vary any of the terms thereof or provide such other relief or impose such other requirement in relation to the notice and the occupier as the Court deems appropriate in the circumstances.

(6) An occupier on whom a notice has been served who—

(a) fails to comply with the measures specified therein referred to in subsection (2)(b), and

(b) is not relieved from the obligation to comply by virtue of having made to the local authority the specified financial contribution referred to in subsection (2)(c),

shall be guilty of an offence.

(7) Nothing in a notice directed to an occupier under this section shall be construed as requiring or authorising the occupier—

(a) to enter into or do anything in any place if the person who lawfully occupies the place does not permit the entry, or

(b) to collect or remove litter from a roadway at a time when it is open to vehicular traffic.

(8) Any financial contribution made to a local authority pursuant to this section shall be used by the local authority solely for the prevention and limitation of the creation of litter and the removal of litter in respect of the premises or land, or both, in relation to which the financial contribution is made.

(9) This section applies to an occupier of any premises that are used wholly or partly for the purposes of—

(a) the sale of confectionery, food or drink for consumption off the premises,

(b) the sale of food or drink for consumption on a part of the premises forming open land adjacent to or in the vicinity of the premises,

(c) the sale to the public of fuel for motor vehicles,

(d) a cinema, theatre, concert hall or leisure centre, an amusement arcade or an area for other indoor or outdoor sport or recreation,

(e) a financial institution, having automated equipment for withdrawals, deposits or payments located on an outside location at the premises,

(f) a bookmaking (gaming) business,

(g) a bus or rail station, airport or seaport,

(h) a public car park,

(i) a retail shopping centre,

(j) a public business or office park or an industrial or trading estate,

(k) a public market, whether on a public road, on public land or otherwise,

(l) a camping, caravan or mobile home site,

(m) a school or college,

(n) a right of way restricted to the use of rail vehicles, or

(o) such other purpose as may be prescribed.

(10) For the purposes of this section—

“land” means land adjoining the premises to which a notice under this section relates that is part of—

(a) any footway adjoining the land and forming, or forming part of, a public road, and

(b) any area of land forming part of a public road between any such footway and the roadway;

“land in the vicinity” means, in respect of premises of an occupier, land within a reasonable distance, as specified in a notice to the occupier under this section, not exceeding 100 metres of the premises.