Litter Act, 1982

Powers of local authorities in relation to articles and advertisements on and defacement of certain structures, etc.

8.—(1) Where any structure or other land, door, gate, window, tree, pole or post situated in the area of any local authority is in or fronts any public place and it appears to that authority that it is in the interests of amenity or of the environment of an area that any article or advertisement exhibited thereon should be removed or any defacement thereof by writing or other marks should be removed or otherwise remedied or that other specified steps should be taken in relation to the article, advertisement or defacement, as the case may be, it may serve a notice in the prescribed form or in a form to the like effect on the occupier concerned requiring him to remove the article or advertisement, or remove or otherwise remedy the defacement, or to take other specified steps in relation to the article, advertisement or defacement, as the case may be, 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(c) if there is such an appeal and it is withdrawn the date of the withdrawal.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 modifications 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, 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) In confirming a notice under subsection (2) of this section the Court may, if it is satisfied that—

(a) the article or advertisement concerned was not exhibited, or

(b) the defacement concerned was not carried out,

by or with the consent of the occupier concerned, direct that the whole or part of the expenditure reasonably incurred in implementing the notice shall be met by the local authority concerned.

(5) 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 that purpose, by its servants or agents enter on the structure or other land concerned or the structure or other land on which is situated the door, gate, window, tree, pole or post concerned,

and may recover such part (if any) of the expenditure reasonably incurred by it in so doing as has not been directed by an order under subsection (4) of this section to be paid by the authority from the occupier concerned as a simple contract debt in any court of competent jurisdiction.

(6) Before exercising any functions conferred on it by subsection (5) 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 concerned of any structure or other land, or of any door, gate, window, tree, pole or post to which the notice relates stating its intention to do so.

(7) A local authority may, upon such terms and conditions as may be agreed upon by it and the occupier concerned, in the case of an article, advertisement or defacement to which subsection (1) of this section applies—

(a) by its servants or agents remove the article or advertisement or remedy the defacement or, as may be appropriate, take other steps in relation to it, and

(b) for those purposes, by its servants or agents, enter on the structure or other land concerned or the structure or other land on which is situated the door, gate, window, tree, pole or post concerned.

(8) A person who contravenes subsection (3) of this section or who obstructs or impedes—

(a) a local authority or its servants or agents acting in the exercise of the functions conferred on a local authority by subsection (5) or (7) of this section, or

(b) a person or his servants or agents while engaged in complying with the terms of a notice under this section,

shall be guilty of an offence.

(9) In a prosecution for an offence in respect of a contravention of subsection (3) of this section, it shall be a defence to show—

(a) that the exhibition of the advertisement concerned was in accordance with a permission under Part IV of the Local Government (Planning and Development) Act, 1963 , or

(b) that reasonable steps were taken to comply with the provisions of that subsection, or

(c) that, in all the circumstances of the case—

(i) compliance with those provisions would have been unduly costly or difficult, or

(ii) it would have been unreasonable to require compliance with those provisions.

(10) 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.