Litter Act, 1982
|
Prohibition of creation of litter. |
3.—(1) A person shall not— | |
(a) deposit anywhere, whether in a receptacle or not, any substance, material or thing for collection by or on behalf of a local authority, or | ||
(b) (i) otherwise place or leave, anywhere, or | ||
(ii) throw down, anywhere, | ||
any substance, material or thing, | ||
so as to create or tend to create litter in a public place or litter that is visible from a public place. | ||
(2) A person shall not load, transport, unload or otherwise handle or process any substance, material or thing, or carry on a trade, in a manner that creates or tends to create litter in a public place or litter that is visible from a public place. | ||
(3) A person who contravenes subsection (1) or (2) of this section shall be guilty of an offence. | ||
(4) Nothing in this section or in section 4 of this Act shall be construed as prohibiting— | ||
(a) the deposit of any substance, material or thing in a receptacle provided for such deposit in any place, | ||
(b) the deposit in any place of a receptacle containing any substance, material or thing for collection by or on behalf of a local authority, | ||
(c) the deposit of any substance, material or thing in a receptacle in any place for recycling, | ||
(d) the disposal of waste— | ||
(i) in a place provided by a local authority for the purpose, or | ||
(ii) in accordance with a permission under Part IV of the Local Government (Planning and Development) Act, 1963 , or the European Communities (Waste) Regulations, 1979 (S.I. No. 390 of 1979), the European Communities (Waste) (No. 2) Regulations, 1979 (S.I. No. 388 of 1979), or the European Communities (Toxic and Dangerous Waste) Regulations, 1982 (S.I. No. 33 of 1982), | ||
provided that reasonable care is taken to prevent the creation of litter. | ||
(5) Where a mechanically propelled vehicle (other than a public service vehicle) is used in the commission of an offence under subsection (3) of this section— | ||
(a) the registered owner of the vehicle, | ||
(b) if the vehicle is the subject of a hire-drive agreement at the time of the commission of the offence, the hirer of the vehicle, and | ||
(c) if the person using the vehicle at the time of the commission of the offence is not the registered owner or the hirer of the vehicle, the person using the vehicle at that time, | ||
shall be guilty of an offence in addition to any person guilty of the first-mentioned offence. | ||
(6) Where a person charged with an offence under subsection (5) of this section is the registered owner of the vehicle concerned, it shall be a defence for him to show that, at the time of the commission of the offence, the vehicle was being used by another person and that— | ||
(a) such use was unauthorised, or | ||
(b) the vehicle was at that time the subject of a hire-drive agreement. | ||
(7) Where a person charged with an offence under subsection (5) of this section is the person to whom the vehicle concerned stood hired at the time of the commission of the offence under a hire-drive agreement, it shall be a defence for him to show that, at that time, the vehicle was being used by another person and that such use was unauthorised. | ||
(8) In this section “mechanically propelled vehicle” and “public service vehicle” have the meanings assigned to them by the Road Traffic Act, 1961 . |