STATUTORY INSTRUMENTS.

S.I. No. 359 of 1999.

LITTER POLLUTION REGULATIONS, 1999.

S.I. No. 359 of 1999.

LITTER POLLUTION REGULATIONS, 1999.

In exercise of the powers conferred on the Minister for the Environment and Local Government by Sections 28 and 31 of the Litter Pollution Act, 1997 (No. 12 of 1997) , which said powers were delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 428 of 1997 ), I, DAN WALLACE, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:--

1. These Regulations may be cited as the Litter Pollution Regulations, 1999.

2. These Regulations shall come into operation on the 3rd January, 2000.

3. The prescribed amount for the purpose of Section 28 (1) of the Litter Pollution Act, 1997 shall be £50.

4. 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 applies.

5. The Litter Pollution Regulations, 1997 ( No. 214 of 1997 ) are hereby revoked.

Schedule

Form A

Litter Pollution Act, 1997 -- Section 28.

Notice in relation to an alleged offence.

To

Address

It is alleged

(a) that you committed an offence under¹                                                                                                             of the Litter Pollution Act, 1997 at² ________________________________________________________________ on the _______ day of³ ____________________________________

_______________________________________________________________________________________________

(b)⁴ 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 to⁵                                                                                           the sum of⁶ ________ accompanied by this notice, a prosecution in respect of the alleged offence will not be instituted.

Dated ____________________ day of³ _________________________________

(Signed) ________________________________________

⁷ Litter Warden/Dog Warden

Member of An Garda Síochána

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)

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)

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 advertisement 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.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations increase the “on-the-spot” fine for litter offences, relate to procedural matters of prescribing the “on-the-spot” fine notice for such offences and revoke the Litter Pollution Regulations, 1997 ( S.I. No. 214 of 1997 ).

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

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

³   Insert month and year of the date the offence is alleged to have been committed.

⁴   Strike out (b) if not applicable.

⁵   Insert name of local authority and the address at which the fine can be paid.

⁶   Insert amount standing prescribed for the time being.

³   Insert month and year of the date the offence is alleged to have been committed.

⁷   Indicates the designation of the officer issuing the fine by striking out other designations.