PART III

Local Authority Functions and Duties Generally

7. —A local authority shall ensure that each public road in its functional area is, so far as practicable, kept free of litter.

8. —(1) A local authority shall take all practicable measures for the prevention of the creation, and for the prevention and overcoming of the polluting effects, of litter in its functional area and for the control and disposal of litter and, for those purposes, may enter into arrangements with, or assist, other persons (including other local authorities) for or in the taking of such measures on behalf of the authority.

(2) Measures taken pursuant to subsection (1) shall include—

(a) measures for the collection and disposal of litter,

(b) measures to promote awareness of the polluting effects of litter,

(c) measures to encourage participation by persons in preventing and overcoming the polluting effects of litter and in the collection and disposal of litter including the provision and maintenance, in public places and adjacent to public roads, of litter receptacles of such type and quantity as the local authority considers necessary to prevent the creation of litter, and

(d) the undertaking of works and the provision of facilities and services in relation to litter, including publicity, advisory and educational services.

(3) Where a local authority provides and maintains litter receptacles at any place, it shall make arrangements for the regular emptying and cleaning of such receptacles at such frequency as will ensure that no such receptacle or its contents will become a nuisance or be the cause of litter.

(4) A local authority may empty and clean litter receptacles that are provided by any other person.

9. —(1) Where it appears to a local authority that a person is contravening any provision of section 6 or that precautionary measures are required to prevent the creation of litter in the functional area of the local authority, the local authority may serve a notice on the person requiring the person to remove the litter to which the contravention relates or take such other precautionary measures specified in the notice as the local authority considers necessary.

(2) A notice under subsection (1) shall—

(a) identify the place or land to which it relates,

(b) state the grounds on which it is issued, and

(c) specify the time within which it is to be complied with.

(3) A person on whom a notice under this section is served may, within such time as may be specified in the notice, make submissions in writing to the local authority concerned regarding the terms of the notice and the authority, after consideration of any such submissions, may amend the notice.

(4) A person on whom a notice under this section is served shall, within the time specified in the notice, comply with its terms.

(5) Where a person fails to comply with a notice served on the person under this section, the local authority concerned may, by its employees or agents—

(a) give effect to the terms of the notice, and

(b) where necessary for that purpose, by its employees or agents enter into the place or on the land concerned,

and may recover the expenditure reasonably incurred by it in so doing from the person as a simple contract debt in any court of competent jurisdiction.

(6) A local authority may, upon such terms and conditions as may be agreed upon by it and the person concerned, in the case of any litter in respect of which this section applies—

(a) by its employees or agents remove the litter or, as may be appropriate, take other steps in relation to it, and

(b) for those purposes, by its employees or agents, enter into the place or on the land concerned.

(7) Any person who contravenes subsection (4) or obstructs or impedes a local authority or its employees or agents acting in the exercise of the functions conferred on a local authority by this section shall be guilty of an offence.

10. —(1) Where, on the date of the coming into operation of this section, no litter management plan within the meaning of section 11 has been made and implemented in respect of the functional area of a local authority, the local authority shall, within 6 months after this section comes into operation—

(a) make and implement a litter management plan in respect of its functional area, or

(b) make and implement jointly with one or more other local authorities, a litter management plan a part of which relates to the functional area of each of the local authorities.

(2) A local authority shall review its litter management plan at least once in each period of 3 years after the plan is first implemented and, if the local authority deems it necessary after the review, shall amend or replace the plan.

(3) A local authority shall, not later than the thirty-first day of March, 1998, and that date in each year thereafter, prepare a report for consideration by the council or corporation, as the case may be, on the operation of this Act in the functional area of the local authority indicating the measures taken by the local authority in the previous calendar year in relation to the prevention and control of litter.

(4) Without prejudice to the generality of subsection (3), a report under that subsection shall assess—

(a) all litter prevention and control programmes undertaken,

(b) the extent of enforcement action taken under this Act,

(c) the extent to which measures were taken to promote public awareness, including educational and information measures, and

(d) the co-operation and assistance given by persons other than the local authority for the purposes of preventing and controlling litter.

11. —(1) A litter management plan shall—

(a) specify such objectives as the local authority deems are appropriate to prevent and control litter in its functional area,

(b) specify the measures to encourage public awareness with a view to eliminating litter pollution, including educational and information measures directed at young persons,

(c) specify the measures or arrangements that are to be undertaken by the local authority in order to attain the objectives of the plan, and

(d) include information on, or be formulated having regard to—

(i) an appraisal of all existing litter prevention and control programmes being operated by the local authority,

(ii) the policies and objectives of the local authority in relation to the prevention and control of litter,

(iii) the measures which, in so far as the local authority can determine, will or may be taken during the relevant period by persons other than the local authority for the purposes of preventing and controlling litter,

(iv) the facilities at which waste may be deposited by members of the public for recovery or disposal within the meaning of the Waste Management Act, 1996,

(v) the steps to be taken by the local authority to enforce the provisions of this Act in its functional area, and

(vi) any incidental and ancillary matters.

(2) A litter management plan may specify objectives to be attained in litter prevention and cleanliness for designated areas within its functional area and different objectives may be specified for different areas or classes of area.

(3) In making or reviewing a litter management plan, the local authority shall have regard to the proper planning and development of its functional area and shall, for that purpose, have regard to the provisions of the development plan and any special amenity area order made under the Local Government (Planning and Development) Act, 1963, for the time being in force in relation to the area and the provisions of any waste management plan made under the Waste Management Act, 1996.

(4) Where objectives referred to in subsection (2) are specified in a litter management plan, the local authority shall take such steps as it deems appropriate and necessary to attain the objectives.

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.

13. —(1) The making, review, amendment or replacement of a litter management plan under section 10 or 12 shall be a reserved function.

(2) For the purposes of subsection (1), “reserved function” means—

(a) in relation to the council of a county or an elective body, a reserved function for the purposes of the County Management Acts, 1940 to 1994,

(b) in relation to the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough.

14. —No action or other proceeding shall lie or be maintainable against a local authority, a litter warden or any other officer or employee of a local authority or a member of the Garda Síochána for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure to exercise any function conferred or imposed on the local authority by or under this Act.