|
|
Powers of local authorities to require the taking of measures regarding litter creation by major events.
|
17.—(1) Where it appears to a local authority that measures are required to be taken in order to prevent or limit the creation of litter in a public place or in a place that is to any extent visible from a public place caused, or likely to be caused, by the holding of an event or series of events at which large numbers of persons are likely to be present, the local authority may serve a notice on the person who is the promoter or organiser of the event or events or on such other person as appears to the local authority to be associated with the organisation of the event or events, requiring the person to take such measures 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 specify the measures required to be taken before, during and after the event or events at or in the vicinity of the event or events by the person to whom the notice is directed to prevent or limit the creation of litter and provide for its removal,
|
|
| |
(b) may require the person to whom the notice is directed to provide to the local authority, in a form approved by it, a deposit in an amount specified in the notice as security to be realised by the local authority in the event that the measures referred to in paragraph (a) are not taken by the person to the satisfaction of the local authority, and
|
|
| |
(c) may specify that the person to whom the notice is directed may, at the option of the person and in lieu of complying with the measures referred to in paragraph (a) and with a requirement referred to in paragraph (b), make a financial contribution to the local authority in an amount specified in the notice toward the estimated cost to the local authority of collecting and removing the litter that will result from the event or events.
|
|
| |
(3) Before serving a notice on a person under subsection (1), the local authority shall advise the person of the nature and extent of the measures that the local authority proposes to specify under subsection (2)(a) and provide the person 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 person of such amendment, confirmation or revocation as soon as possible thereafter.
|
|
| |
(4) A person on whom a notice has been served who—
|
|
| |
(a) fails to comply with a requirement referred to in subsection (2)(a) or (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.
|
|
| |
(5) A local authority may take such steps as it considers reasonable and necessary in order to remedy any failure to comply by a person referred to in subsection (4)(a), and may recover the reasonable costs thereby incurred from the person as a simple contract debt in any court of competent jurisdiction.
|
|
| |
(6) 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 event or events in relation to which the financial contribution was made.
|
