Litter Act, 1982

Duty of occupiers of land in relation to litter.

4.—(1) The occupier of any land (not being a public road or a building or other structure) that is a public place shall keep the land free of litter.

(2) The occupier of any land (other than a building or other structure) that is not a public place shall keep the land free of litter that is visible from a public place.

(3) A local authority may, upon such terms and conditions as may be agreed upon by it and the occupier of any land in its area on which there is litter, if it appears to the local authority that, in the interests of amenity or of the environment of an area, it should be removed or other steps should be taken in relation to it—

(a) by its servants or agents, remove and dispose of, or take other steps in relation to, the litter, and

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

(4) A local authority may by bye-laws require the occupiers of any land in its area or of land in its area of a specified class or specified classes or of land in a specified area or specified areas of its area to keep free of litter—

(a) any footpath or pavement adjoining the land, and forming, or forming part of, a public road and any road gutter on or at the side of any such footpath or pavement and forming part of a public road,

(b) any road gutter adjoining the land and forming part of a public road, and

(c) any area of land forming part of a public road between any such footpath or pavement and the carriageway (if any) of the public road and any road gutter adjoining such an area of land and forming part of a public road.

(5) A person who contravenes subsection (1) or (2) of this section or a bye-law under subsection (4) of this section shall be guilty of an offence.

(6) In a prosecution for an offence under this section, it shall be a defence to show that reasonable steps were taken to keep free of litter the land to which the prosecution relates.

(7) The provisions of sections 221 and 223 of the Public Health (Ireland) Act, 1878 , shall apply to bye-laws made under this section as they apply to bye-laws made under that Act.

(8) Bye-laws under this section may contain such incidental, supplementary and consequential provisions as appear to the local authority making the bye-laws to be necessary for the purposes of the bye laws.

(9) In this section “public road” has the meaning assigned to it by the Local Government (Roads and Motorways) Act, 1974 .