PART II

Litter Pollution Generally

3. —(1) No person shall deposit any substance or object so as to create litter in a public place or in any place that is visible to any extent from a public place.

(2) No person shall—

(a) deposit any thing that is commercial, household, industrial or municipal waste in any place for collection by or on behalf of a local authority or by another person, or

(b) load, transport, unload or otherwise handle or process any thing or carry on a business, trade or activity

in such circumstances as to create litter or lead to litter in any public place or any place that is visible to any extent from a public place.

(3) No person shall place municipal waste into or near a litter receptacle.

(4) No person shall move or interfere with a litter receptacle that has been provided by a local authority or other person unless the movement or interference is authorised by the local authority or other person.

(5) For the purposes of subsection (3), “municipal waste” has the meaning assigned by section 5 of the Waste Management Act, 1996.

(6) A person who contravenes any provision of this section shall be guilty of an offence.

4. —(1) A person who is the registered owner or is in charge of a vehicle being used to transport goods or materials shall take measures to prevent the creation of litter from the vehicle on a public road or in a public place.

(2) A person who is the owner or is in charge of a skip designed or used for carriage on a vehicle and that is parked or situated in a public place shall take measures to prevent the creation of litter in the vicinity of the skip.

(3) A person who contravenes any provision of this section shall be guilty of an offence.

(4) Where a person is charged with an offence under this section, it shall be a good defence for the person to show that any litter created as a result of a failure to take measures to prevent the occurrence was removed and properly disposed of as soon as practicable after being created.

5. —Nothing in section 3 shall be construed as prohibiting—

(a) the deposit of waste in a receptacle or place provided for the purpose of such waste,

(b) the deposit in any place of a receptacle containing any commercial, household, municipal or industrial waste for collection by or on behalf of a local authority or by another authorised waste collector within the meaning of the Waste Management Act, 1996, or

(c) the deposit of waste at a civic waste facility, within the meaning of section 38 of the Waste Management Act, 1996,

provided that reasonable care is taken to prevent the creation of litter.

6. —(1) The occupier of a public place (not being a public road or a building or other structure) shall keep the place free of litter.

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

(3) The owner of any land appurtenant to a residence that is let in two or more dwelling units (not being separate hereditaments) shall, notwithstanding the obligation of an occupier under subsection (2) in relation to land, keep the land free of litter that is to any extent visible from a public place.

(4) Every occupier of land adjoining a public road in respect of which a built-up area speed limit or special speed limit has been established in the functional area of a local authority shall keep free from litter—

(a) any footway adjoining the land and forming, or forming part of, a public road, and

(b) any area of land forming part of a public road between any such footway and the roadway.

(5) No person shall, in carrying out the obligation under subsection (4), deposit any substance or object so as to create litter on a roadway or in any other place.

(6) A person who contravenes any provision of this section shall be guilty of an offence.