S.I. No. 214/1997 - Litter Pollution Regulations, 1997.

S.I. No. 214 of 1997.

LITTER POLLUTION REGULATIONS, 1997.

The Minister for the Environment, in exercise of the powers conferred on him by sections 28 and 31 of the Litter Pollution Act, 1997 (No. 12 of 1997, hereby makes the following Regulations:—

1. These Regulations may be cited as the Litter Pollution Regulations, 1997.

2. Forms A and B set out in the Schedule hereto shall be the prescribed forms for the purposes of offences to which section 28 (1) of the Litter Pollution Act, 1997 apply.

SCHEDULE

Form A

Litter Pollution Act, 1997 - Section 28.

Notice in relation to an alleged offence.

Address

It is alleged

( a ) that you have committed an offence under ¹ of the Litter Pollution Act, 1997 at²on the day of 19 ,

( b )³ and that a mechanically propelled vehicle with the identification mark was used in the commission of the offence.

A prosecution in respect of the alleged offence will not be instituted during the period of 21 days beginning on the date of this notice and, if during that period you pay to ⁴the sum of £25 accompanied by this notice, a prosecution in respect of the alleged offence will not be instituted.

Dated day of 19 .

(Signed) ............................................................ ..........................................

⁵Litter Warden/Dog Warden Member of An Garda Síochána

¹Insert relevant section of Litter Pollution Act - see Schedule.

²Insert address of place of where the offence is alleged to have been committed.

³Strike out (b) if not applicable.

Form B

Offences to which a Notice under Section 28 (1) of The Litter Pollution Act, 1997 apply

Depositing a substance or object so as to create litter in a public place or litter that is visible to any extent from a public place. Section 3 (1)

Depositing for collection by or on behalf of a local authority a substance, material or thing

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in a manner that creates or tends to create litter in a public place or litter that is visible to any extent from a public place

Loading, transporting, unloading or otherwise handling or processing anything

Carrying on a business, trade or activity

Section 3(2)

Placing municipal waste into or near a litter receptacle. Section 3 (3)

Failing to take measures in using a vehicle to transport goods or materials to prevent the creation of litter on a public road or in a public place. Section 4 (1)

⁴Insert the name of local authority and the address at which the fine can be paid.

⁵Indicate the designation of the officer issuing the fine by striking out other designations.

Failing to take measures to prevent the creation of litter in the vicinity of a skip. Section 4 (2)

Failing to keep a public place free of litter. Section 6 (1)

Failing to keep land free of litter that is visible to any extent from a public place. Section 6 (2)

Failing to keep land appurtenant to a residence that is let in two or more units free of litter that is visible from a public place. Section 6 (3)

Failing to keep a footpath or margin adjoining a public road free of litter. Section 6 (4)

Removing litter from a footpath or margin onto a road. Section 6 (5)

Failing to provide and maintain adequate litter receptacles to prevent the creation of litter in the vicinity of a mobile outlet. Section 15 (1)

Failing to remove litter caused by the operation of a mobile outlet in the vicinity of the outlet. Section 15 (2).

Exhibiting an advertising or other article or causing defacement of a structure, door, gate, window, tree, pole or other place. Section 19 (1).

Placing advertising material on a mechanically propelled vehicle. Section 19 (2)

Distributing advertising material contrary to a bye-law. Section 21

Failing to remove faeces deposited by a dog. Section 22

GIVEN under the Official Seal of the Minister for the Environment,

this 20th day of May, 1997.

BRENDAN HOWLIN,

Minister for the Environment.

EXPLANATORY NOTE.

The provisions of these regulations relate to procedural matters of prescribing the "fine-on-the-spot" notice for litter offences.