Litter Pollution Act, 1997
|
Notice of certain offences may be given by litter wardens, etc. |
28.—(1) If a litter warden or a member of the Garda Síochána has reasonable grounds for believing that a person is committing or has committed a prescribed offence under this Act, or a dog warden, within the meaning of the Control of Dogs Act, 1986 , or a member of the Garda Síochána has reasonable grounds for believing that a person is committing or has committed an offence under section 22 , the warden or member may give to the person a notice in prescribed form stating— | |
(a) that the person is alleged to have committed the offence, | ||
(b) that the person may during the period of 21 days beginning on the date of the notice, make to the local authority specified in the notice a payment of £25 accompanied by the notice, and | ||
(c) that a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted. | ||
(2) Where a notice is given under subsection (1)— | ||
(a) a person to whom the notice applies may, during the period specified in the notice, make to the local authority specified in the notice the payment specified in the notice, accompanied by the notice, | ||
(b) the local authority shall receive the payment and issue a receipt for it and may retain the money so paid for disposal in accordance with this Act, and no payment so received shall in any circumstances be recoverable by the person who made it, and | ||
(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted. | ||
(3) In a prosecution for an offence referred to in subsection (1), the onus of showing that a payment pursuant to a notice under this section has been made shall lie on the accused. | ||
(4) Where the Minister is satisfied that the monetary amount for the time being standing specified— | ||
(a) in paragraph (b) of subsection (1), or | ||
(b) in respect of paragraph (b) of subsection (1), by virtue of a regulation made under this subsection, | ||
should, having regard to changes in the value of money generally in the State since the monetary amount was so specified, be varied, the Minister may by regulation specify an amount that the Minister considers is appropriate, and in such case paragraph (b) of subsection (1) shall, in relation to any offence referred to in subsection (1) committed while the regulation is in effect, have effect as if the amount specified in the regulation was set out in paragraph (b) of that subsection. |