Litter Pollution Act, 1997

Procedure for making, amending or replacing litter management plan.

12.—(1) Where a local authority proposes to make, amend or replace its litter management plan under section 10 , it shall—

(a) publish in one or more newspapers circulating in its functional area a notice of the proposal and arrange for the broadcasting of an announcement in respect of the proposal at least once on 3 successive days on one or more local radio stations broadcasting in that area, and

(b) consult with such voluntary and representative bodies as the local authority deems appropriate concerning the steps which the local authority and the bodies that agree to participate in the consultations are to take in connection with the plan.

(2) A notice of proposal under subsection (1)(a) shall indicate—

(a) whether the proposal is to make, amend or replace a litter management plan,

(b) that a copy of a summary of the proposed plan, amendment or replacement plan, as the case may be, may be obtained from the local authority free of charge, and

(c) that written submissions made to the local authority in relation to the proposed plan, amendment or replacement plan will be taken into consideration by the local authority before the plan is made, amended or implemented.

(3) A local authority, in its absolute discretion, may permit any person who has made submissions referred to in subsection (2)(c) to make oral presentation on the submissions to, or to discuss specific proposals with, the local authority.

(4) After considering the submissions referred to in subsection (2)(c) and any discussions referred to in subsection (3), the local authority may, as the case requires, make and implement the litter management plan, make and implement such amendment to the plan or implement such replacement plan as the local authority deems appropriate in the circumstances.

(5) As soon as possible after the making, amendment to or replacement of a litter management plan under this section, the local authority concerned shall publish and distribute the plan, amended plan or replacement plan, or a suitable outline thereof, as widely as possible in its functional area to such extent as will, in its opinion, give adequate publicity to the plan.

(6) An outline referred to in subsection (5) shall indicate—

(a) the extent and purpose of the plan,

(b) the methods by which the plan is proposed to be implemented, and

(c) the place where copies of the plan may be obtained.