No. 11/1982:

LITTER ACT, 1982

ARRANGEMENT OF SECTIONS

Section

1. Definitions.

2. Duty of local authorities to prevent litter.

3. Prohibition of creation of litter.

4. Duty of occupiers of land in relation to litter.

5. Provisions regarding certain offences in relation to litter.

6. Provisions relating to litter wardens.

7. Prohibition of articles and advertisements on and defacement of certain structures, etc.

8. Powers of local authorities in relation to articles and advertisements on and defacement of certain structures, etc.

9. Duty of local authorities to provide places for abandoning vehicles and metal scrap.

10. Prohibition of abandonment of vehicles.

11. Powers of local authorities in relation to abandoned vehicles.

12. Powers of local authorities in relation to vehicles and certain articles on land.

13. Disposal by local authorities of vehicles etc. removed under sections 11 and 12.

14. Disposal of moneys accruing to local authorities under Act.

15. Penalties.

16. Provisions in relation to offences.

17. Service of notices.

18. Regulations.

19. Repeal.

20. Short title and commencement.

ACTS REFERRED TO

Number 11 of 1982

LITTER ACT, 1982

AN ACT TO PROVIDE FOR THE PREVENTION AND REGULATION OF THE CREATION OF LITTER, AND FOR THE CONTROL OF LITTER, IN OR NEAR A PUBLIC PLACE AND FOR THE PROHIBITION OF THE ABANDONMENT OF VEHICLES ON ANY LAND WITHOUT THE CONSENT OF THE OCCUPIER, TO PROVIDE FOR THE CONTROL AND REGULATION OF THE KEEPING OF DISUSED VEHICLES AND OTHER ARTICLES ON ANY LAND, TO PROVIDE FOR THE PREVENTION OF THE PLACING OF UNAUTHORISED ARTICLES, ADVERTISEMENTS AND WRITING IN OR NEAR A PUBLIC PLACE, FOR THOSE AND OTHER PURPOSES TO CONFER CERTAIN FUNCTIONS ON LOCAL AUTHORITIES AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE FOREGOING.

[30th June, 1982]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act, save where the context otherwise requires—

"abandoned", in relation to a vehicle, includes left in such circumstances or for such a period that it is reasonable to assume that the vehicle has been abandoned, and cognate words shall be construed accordingly;

"functions" includes powers and duties and a reference to the performance of a function includes, with respect to powers, a reference to the exercise of powers;

"hire-drive agreement", in relation to a mechanically propelled vehicle, means an agreement under which the vehicle is hired from its registered owner, other than—

( a ) a hire-purchase agreement,

( b ) an agreement merely for the carriage of persons or goods, or

( c ) an agreement under which the registered owner of the vehicle drives, or provides a driver for, the vehicle;

"land" includes any structure and any land covered with water;

"litter warden" means a person employed by a local authority and authorised by it to perform the functions of a litter warden under this Act;

"local authority" means—

( a ) in the case of a county other than any borough or urban district therein, the council of the county,

( b ) in the case of a county or other borough, the corporation of the borough, and

( c ) in the case of an urban district, the council of the district,

and any reference to the area of a local authority shall be construed accordingly;

"the Minister" means the Minister for the Environment;

"occupier", in relation to any land, includes a person entitled to occupy that land and cognate words shall be construed accordingly;

"prescribed" means prescribed by regulations made by the Minister;

"public place" means any street, road, seashore or other place to which the public have access whether as of right or by permission and whether subject to or free of charge;

"registered owner" has the meaning assigned to it by the Road Traffic Act, 1961 ;

"vehicle" includes—

( a ) part of a vehicle,

( b ) an article designed as a vehicle but not at the time of abandonment under section 10 of this Act or removal under section 11 or 12 of this Act capable of functioning as a vehicle,

( c ) a skip designed or used for carriage on a vehicle,

( d ) a load on a vehicle.

2.—(1) A local authority shall take measures for the prevention of the creation, and for the prevention and overcoming of the harmful effects, of litter in its area and for the 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) of this section may include—

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

( b ) measures to encourage participation by the public in the collection and disposal of litter and in preventing and overcoming the harmful effects of litter,

( c ) measures to facilitate and encourage the recycling of waste, and

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

3.—(1) A person shall not—

( a ) deposit anywhere, whether in a receptacle or not, any substance, material or thing for collection by or on behalf of a local authority, or

( b ) (i) otherwise place or leave, anywhere, or

(ii) throw down, anywhere,

any substance, material or thing,

so as to create or tend to create litter in a public place or litter that is visible from a public place.

(2) A person shall not load, transport, unload or otherwise handle or process any substance, material or thing, or carry on a trade, in a manner that creates or tends to create litter in a public place or litter that is visible from a public place.

(3) A person who contravenes subsection (1) or (2) of this section shall be guilty of an offence.

(4) Nothing in this section or in section 4 of this Act shall be construed as prohibiting—

( a ) the deposit of any substance, material or thing in a receptacle provided for such deposit in any place,

( b ) the deposit in any place of a receptacle containing any substance, material or thing for collection by or on behalf of a local authority,

( c ) the deposit of any substance, material or thing in a receptacle in any place for recycling,

( d ) the disposal of waste—

(i) in a place provided by a local authority for the purpose, or

(ii) in accordance with a permission under Part IV of the Local Government (Planning and Development) Act, 1963 , or the European Communities (Waste) Regulations, 1979 ( S.I. No. 390 of 1979 ), the European Communities (Waste) (No. 2) Regulations, 1979 ( S.I. No. 388 of 1979 ), or the European Communities (Toxic and Dangerous Waste) Regulations, 1982 ( S.I. No. 33 of 1982 ),

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

(5) Where a mechanically propelled vehicle (other than a public service vehicle) is used in the commission of an offence under subsection (3) of this section—

( a ) the registered owner of the vehicle,

( b ) if the vehicle is the subject of a hire-drive agreement at he time of the commission of the offence, the hirer of the vehicle, and

( c ) if the person using the vehicle at the time of the commission of the offence is not the registered owner or the hirer of the vehicle, the person using the vehicle at that time,

shall be guilty of an offence in addition to any person guilty of the first-mentioned offence.

(6) Where a person charged with an offence under subsection (5) of this section is the registered owner of the vehicle concerned, it shall be a defence for him to show that, at the time of the commission of the offence, the vehicle was being used by another person and that—

( a ) such use was unauthorised, or

( b ) the vehicle was at that time the subject of a hire-drive agreement.

(7) Where a person charged with an offence under subsection (5) of this section is the person to whom the vehicle concerned stood hired at the time of the commission of the offence under a hire-drive agreement, it shall be a defence for him to show that, at that time, the vehicle was being used by another person and that such use was unauthorised.

(8) In this section "mechanically propelled vehicle" and "public service vehicle" have the meanings assigned to them by the Road Traffic Act, 1961 .

4.—(1) The occupier of any land (not being a public road or a building or other structure) that is a public place shall keep the land free of litter.

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

(3) A local authority may, upon such terms and conditions as may be agreed upon by it and the occupier of any land in its area on which there is liner, if it appears to the local authority that, in the interests of amenity or of the environment of an area, it should be removed or other steps should be taken in relation to it—

( a ) by its servants or agents, remove and dispose of, or take other steps in relation to, the litter, and

( b ) for those purposes, by its servants or agents enter on the land.

(4) A local authority may by bye-laws require the occupiers of any land in its area or of land in its area of a specified class or specified classes or of land in a specified area or specified areas of its area to keep free of litter—

( a ) any footpath or pavement adjoining the land, and forming or forming pad of, a public road and any road gutter on or at the side of any such footpath or pavement and forming part of a public road,

( b ) any road gutter adjoining the land and forming part of a public road, and

( c ) any area of land forming part of a public road between any such footpath or pavement and the carriageway (if any) of the public road and any road gutter adjoining such an area of land and forming part of a public road.

(5) A person who contravenes subsection (1) or (2) of this section or a bye-law under subsection (4) of this section shall be guilty of an offence.

(6) In a prosecution for an offence under this section, it shall be a defence to show that reasonable steps were taken to keep free of litter the land to which the prosecution relates.

(7) The provisions of sections 221 and 223 of the Public Health (Ireland) Act, 1878, shall apply to bye-laws made under this section as they apply to bye-laws made under that Act.

(8) Bye-laws under this section may contain such incidental, supplementary and consequential provisions as appear to the local authority making the bye-laws to be necessary for the purposes of the bye-laws.

(9) In this section "public road" has the meaning assigned to it by the Local Government (Roads and Motorways) Act, 1974 .

5.—(1) Where a litter warden has reasonable grounds for believing that a person is committing or has committed an offence under section 3 of this Act, he may give to the person a notice in the prescribed form or in a form to the like effect stating—

( a ) that the person is alleged to have committed the offence,

( b ) that the person may during the period of 21 days beginning on the date of the notice, make to the local authority specified in the notice a payment of £5 accompanied by the notice,

( c ) that a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(2) Where a notice is given under subsection (1) of this section—

( a ) a person to whom the notice applies may, during the period specified in the notice, make to the local authority specified in the notice the payment specified in the notice, accompanied by the notice,

( b ) that local authority may receive the payment, issue a receipt for it and retain the money so paid for disposal in accordance with this Act, and no payment so received shall in any circumstances be recoverable by the person who made it,

( c ) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) In a prosecution for an offence under section 3 of this Act, the onus of showing that a payment pursuant to a notice under this section has been made shall he on the defendant.

(4) The Minister may by regulations vary the amount standing specified for the time being in subsection (1) (b) of this section and the said subsection (1) (b) shall have effect in accordance with the terms of any such regulations.

6.—(1) A person who obstructs or impedes a litter warden acting in the exercise of the functions conferred on him by this Act shall be guilty of an offence.

(2) Where a litter warden has reasonable grounds for believing that a person is committing or has committed an offence under section 3 or 7 (other than an offence under the said section 7 to which subsection (2) of that section relates) of this Act or under subsection (1) of this section, he may request of the person his name and address, and may request that information given be verified.

(3) Where a person whose name and address is requested of him under this section refuses or fails to give his name or address, or gives a name or address which is false or misleading, he shall be guilty of an offence.

(4) A person shall not be bound to comply with a request of a litter warden under this section unless the warden produces, if requested by the person, a warrant of his appointment as a litter warden.

(5) Where a member of the Garda Síochána is of the opinion that a person is committing or has committed an offence under this section, he may arrest the person without warrant.

7.—(1) Where any structure or other land, door, gate, window, tree, pole or post is in or fronts any public place, a person who is not the owner, occupier or person in charge thereof shall not—

( a ) exhibit or cause to be exhibited thereon any article or advertisement, or

( b ) carry out or cause to be carried out any defacement thereof by writing or other marks,

unless he is authorised so to do by such owner, occupier or person in charge or by or under any enactment.

(2) Without prejudice to the liability of any other person under subsection (1) of this section, where there is a contravention of that subsection—

( a ) in the case of an advertisement relating to a meeting or other event, the person who is promoting or arranging the meeting or event, and

( b ) in the case of any other advertisement, the person on whose behalf the advertisement is exhibited,

shall be deemed also to have contravened that subsection.

(3) A local authority may, upon such terms and conditions as may be agreed upon by it and the occupier concerned, in the case of an article, advertisement or defacement in its area in relation to which there is a contravention of subsection (1) of this section—

( a ) by its servants or a gents, remove the said article or advertisement or, as the case may be, remove or otherwise remedy the said defacement, and

( b ) for those purposes, by its servants or agents enter on the structure or other land concerned or the structure or other land on which is situated the door, gate, window, tree, pole or post concerned.

(4) In a prosecution for an offence under this section in relation to a contravention of subsection (1) of this section, it shall not be necessary for the prosecution to show and it shall be assumed until the contrary is shown by the defendant, that the defendant was not the owner, occupier or person in charge of the structure or other land, door, gate, window, tree, pole or post and was not authorised as referred to in subsection (1) of this section.

(5) A person who contravenes or is deemed to have contravened subsection (1) of this section or who obstructs or impedes a local authority or its servants or agents acting in the exercise of the functions conferred on a local authority by subsection (3) of this section shall be guilty of an offence.

(6) A prosecution shall not be brought in a case in which an offence under this section is alleged to have been committed in relation to an advertisement if—

( a ) the advertisement is exempted development within the meaning of the Local Government (Planning and Development) Act, 1963 , or

( b ) the advertisement—

(i) advertises a public meeting, or

(ii) relates to a presidential election within the meaning of the Presidential Elections Act, 1937 , a general election or a bye-election, within the meaning, in each case, of the Electoral Act, 1923 , a local election, a referendum, within the meaning of the Referendum Act, 1942, or an election of representatives to the Assembly of the European Communities,

unless the advertisement has been in position for seven days or longer after the day specified in the advertisement for the meeting or the latest day upon which the poll was taken for the election, bye-election or referendum concerned.

(7) Notwithstanding section 19 of this Act, section 80 of the Local Government (Planning and Development) Act, 1963 , shall not apply in relation to an offence under this section.

(8) In this section and in section 8 of this Act—

"occupier", in relation to a door, gate, window or tree, means the occupier of the structure or other land on which the door, gate, window or tree, as the case may be, is situated and, in relation to a pole or post, means the owner of the pole or post;

"structure" has the meaning assigned to it by the Local Government (Planning and Development) Act, 1963 .

8.—(1) Where any structure or other land, door, gate, window, tree, pole or post situated in the area of any local authority is in or fronts any public place and it appears to that authority that it is in the interests of amenity or of the environment of an area that any article or advertisement exhibited thereon should be removed or any defacement thereof by writing or other marks should be removed or otherwise remedied or that other specified steps should be taken in relation to the article, advertisement or defacement, as the case may be, it may serve a notice in the prescribed form or in a form to the like effect on the occupier concerned requiring him to remove the article or advertisement, or remove or otherwise remedy the defacement, or to take other specified steps in relation to the article, advertisement or defacement, as the case may be, within a period specified in the notice that is not less than one month after—

( a ) the date of the service of the notice, or

( b ) if there is an appeal against the notice under subsection (2) of this section, the date of the determination of the appeal, or

( c ) if there is such an appeal and it is withdrawn the date of the withdrawal.

(2) A person upon whom a notice under this section is served may, within 21 days of the date of the service of the notice, appeal to the District Court against the notice and tie District Court may confirm the notice with or without modifications or annul the notice.

(3) Where a notice is served upon a person under this section—

( a ) if the person does not appeal against the notice under subsection (2) of this section, he shall comply with its terms within the period specified in the notice, and

( b ) if the person appeals against the notice under the said subsection and the notice is confirmed with or without modifications by the District Court, he shall comply with its terms, or its terms as modified by the District Court, as the case may be, within the period specified in the notice after the date of the determination of the appeal, and

( c ) if the person appeals against the notice and withdraws the appeal, he shall comply with its terms within the period specified in the notice after the date of the withdrawal.

(4) In confirming a notice under subsection (2) of this section the Court may, if it is satisfied that—

( a ) the article or advertisement concerned was not exhibited, or

( b ) the defacement concerned was not carried out,

by or with the consent of the occupier concerned, direct that the whole or part of the expenditure reasonably incurred in implementing the notice shall be met by the local authority concerned.

(5) Where, in relation to a notice under this section, there is a contravention of subsection (3) of this section, the local authority concerned may, subject to the provisions of this section, by its servants or agents—

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

( b ) where necessary for that purpose, by its servants or agents enter on the structure or other land concerned or the structure or other land on which is situated the door, gate, window, tree, pole or post concerned,

and may recover such part (if any) of the expenditure reasonably incurred by it in so doing as has not been directed by an order under subsection (4) of this section to be paid by the authority from the occupier concerned as a simple contract debt in any court of competent jurisdiction.

(6) Before exercising any functions conferred on it by subsection (5) of this section, a local authority shall, not less than 7 days before the date of such exercise, serve a notice in the prescribed form or in a form to the like effect upon the occupier concerned of any structure or other land, or of any door, gate, window, tree, pole or post to which the notice relates stating its intention to do so.

(7) A local authority may, upon such terms and conditions as may be agreed upon by it and the occupier concerned, in the case of an article, advertisement or defacement to which subsection (1) of this section applies—

( a ) by its servants or agents remove the article or advertisement or remedy the defacement or, as may be appropriate, take other steps in relation to it, and

( b ) for those purposes, by its servants or agents, enter on the structure or other land concerned or the structure or other land on which is situated the door, gate, window, tree, pole or post concerned.

(8) A person who contravenes subsection (3) of this section or who obstructs or impedes—

( a ) a local authority or its servants or agents acting in the exercise of the functions conferred on a local authority by subsection (5) or (7) of this section, or

( b ) a person or his servants or agents while engaged in complying with the terms of a notice under this section,

shall be guilty of an offence.

(9) In a prosecution for an offence in respect of a contravention of subsection (3) of this section, it shall be a defence to show—

( a ) that the exhibition of the advertisement concerned was in accordance with a permission under Part IV of the Local Government (Planning and Development) Act, 1963 , or

( b ) that reasonable steps were taken to comply with the provisions of that subsection, or

( c ) that, in all the circumstances of the case—

(i) compliance with those provisions would have been unduly costly or difficult, or

(ii) it would have been unreasonable to require compliance with those provisions.

(10) Any development, within the meaning of the Local Government (Planning and Development) Act, 1963 , carried out pursuant to a notice under subsection (1) of this section or under such a notice as modified under subsection (2) of this section shall be exempted development, within the meaning of that Act.

9.—(1) A local authority, having made an examination of the matter, shall provide or procure the provision (whether by another local authority or otherwise) of such place or places where vehicles or metal scrap may be abandoned as appears to it to be necessary and reasonable.

(2) A local authority may impose a charge of such amount as it may consider reasonable and fix from time to time in respect of the acceptance at accommodation provided by it under this section of vehicles or metal scrap brought to the accommodation for abandonment there.

(3) A vehicle or metal scrap shall, upon being left in a place provided by or on behalf of a local authority under this section, be deemed to be abandoned and the local authority may dispose or procure the disposal of such vehicle or metal scrap.

10.—(1) A vehicle shall not be abandoned on any land.

(2) Where there is a contravention of subsection (1) of this section—

( a ) the person who placed the vehicle at the place where it was abandoned, and

( b ) if there is a registered owner of the vehicle and the person aforesaid is not its registered owner, the registered owner,

shall each be guilty of an offence.

(3) In a prosecution for an offence under this section in relation to land it shall be a defence to show that the vehicle was abandoned with the consent of the occupier of the land.

(4) Where a person charged with an offence under this section is the registered owner of the vehicle concerned, it shall be a defence for him to show that the abandonment of the vehicle was unauthorised by him.

11.—(1) Where it appears to a local authority that a vehicle has been abandoned on any land in its area, in contravention of section 10 of this Act, the authority may, subject to the provisions of this section, by its servants or agents, enter on the land and remove the vehicle therefrom.

(2) Before removing a vehicle from occupied land under this section, a local authority shall serve a notice in the prescribed form or in a form to the like effect on the occupier of the land stating its intention to remove the vehicle.

(3) A local authority shall not remove from any land a vehicle in respect of which a notice has been served under subsection (2) of this section unless—

( a ) the occupier of the land consents to the removal, or

( b ) the occupier of the land has not objected to the removal and not less than 14 days have elapsed since the date of the service on him by the authority of a notice under subsection (2) of this section in relation to the vehicle.

(4) A local authority may store, or procure the storage (whether by another local authority or otherwise) of a vehicle removed by it under this section.

(5) A person who obstructs or impedes a local authority or its servants or agents acting in the exercise of the functions conferred on a local authority by this section shall be guilty of an offence.

(6) This section does not apply in relation to a vehicle (other than a skip) abandoned on a public road within the meaning of the Road Traffic Act, 1961 , or at a car park provided under section 101 of that Act.

12.—(1) Where it appears to a local authority that it is in the interests of amenity or of the environment of an area that any vehicles or other articles (being disused articles) kept on any land in its area for the purpose of being dismantled, reconditioned, repaired, stored or sold, should be removed or that other steps should be taken in relation to them, it may serve a notice in the prescribed form or in a form to the like effect on the occupier (if any) of the land or the person so keeping the vehicles or articles requiring him to remove the vehicles or articles from the land or to take other specified steps in relation to them within a period specified in the notice that is not less than one month after—

( a ) the date of the service of the notice, or

( b ) if there is an appeal against the notice under subsection (2) of this section, the date of the determination of the appeal, or

( c ) if there is such an appeal and it is withdrawn, the date of the withdrawal.

(2) A person upon whom a notice under this section is served may, within 21 days of the date of the service of the notice, appeal to the District Court against the notice and the District Court may confirm the notice with or without modification or annul the notice.

(3) Where a notice is served upon a person under this section—

( a ) if the person does not appeal against the notice under subsection (2) of this section, he shall comply with its terms within the period specified in the notice after the date of the service of the notice, and

( b ) if the person appeals against the notice under the said subsection and the notice is confirmed with or without modifications by the District Court, he shall comply with its terms, or its terms as modified by the District Court, as the case may be, within the period specified in the notice after the date of the determination of the appeal, and

( c ) if the person appeals against the notice and withdraws the appeal, he shall comply with its terms within the period specified in the notice after the date of the withdrawal.

(4) Where, in relation to a notice under this section, there is a contravention of subsection (3) of this section, the local authority concerned may, subject to the provisions of this section, by its servants or agents—

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

( b ) where necessary for those purposes, by its servants or agents enter on the land to which the notice relates, remove and store, or procure the storage (whether by another local authority or otherwise) of, the vehicles or other articles concerned,

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

(5) Before exercising any functions conferred on it by subsection (4) of this section, a local authority shall, not less than 7 days before the date of such exercise, serve a notice in the prescribed form or in a form to the like effect upon the occupier (if any) of the land concerned or the person keeping the vehicles or other articles concerned on the land concerned stating its intention to do so.

(6) A local authority may, upon such terms and conditions as may be agreed upon by it and the occupier (if any) of any land where vehicles or other articles to which subsection (1) of this section applies are kept or the person so keeping the vehicles or articles, if it appears to the local authority that, in the interests of amenity or of the environment of an area, they should be removed or other steps should be taken in relation to them—

( a ) by its servants or agents, remove and dispose of or store or, as may be appropriate, take other steps in relation to, the vehicles or articles, and

( b ) for those purposes, by its servants or agents, enter on the land.

(7) A person who contravenes subsection (3) of this section or who obstructs or impedes a local authority or its servants or agents acting in the exercise of the functions conferred on a local authority by subsection (4) or (6) of this section shall be guilty of an offence.

(8) In a prosecution for an offence in respect of a contravention of subsection (3) of this section, it shall be a defence to show that the use of the land concerned for the purposes of keeping the vehicles or other articles concerned was in accordance with a permission under Part IV of the Local Government (Planning and Development) Act, 1963 .

(9) Any development, within the meaning of the Local Government (Planning and Development) Act, 1963 , carried out pursuant to a notice under subsection (1) of this section or under such a notice a modified under subsection (2) of this section shall be exempted development, within the meaning of that Act.

(10) In this section "disused", in relation to an article, means being in such condition because of neglect, damage, deterioration, lack of repair or other cause, as to be unsuitable for use for the purpose for which the article was designed.

13.—(1) ( a ) Where the name and address of the owner of a vehicle removed and stored under section 11 of this Act can be ascertained by the local authority concerned by reasonable inquiry, the authority shall serve a notice in the prescribed form or in a form to the like effect upon the owner informing him of the removal and storage and of the address of the place where the vehicle may be claimed and recovered, requiring him to claim and recover it within two weeks of the date of the service of the notice and informing him of the statutory consequences of his failure to do so.

( b ) Where a vehicle or other article is removed from any land and stored under section 12 (4) of this Act, the local authority concerned shall serve a notice in the prescribed form or in a form to the like effect upon the occupier (if any) of the land from which the vehicle or other article was removed and any other person who kept the vehicle or article on the land and whose identity is known to the local authority informing them of the storage and of the address of the place where the vehicle or article may be claimed and recovered, requiring them to claim and recover it within two weeks of the date of the service of the notice and informing them of the statutory consequences of their failure to do so.

(2) A vehicle or other article removed and stored under the said section 11 or 12 shall be given to a person claiming the vehicle or article if, but only if, he makes a declaration in the prescribed form or in a form to the like effect stating that he is the owner of the vehicle or article or is authorised by its owner to claim it and pays the amount of the expenditure reasonably incurred by the local authority concerned under this Act in respect of the vehicle or article.

(3) The local authority concerned may dispose or procure the disposal of a vehicle removed and stored under section 11 of this Act if—

( a ) the owner of the vehicle fails to claim the vehicle and remove it from the place where it is stored within two weeks of the date on which a notice under subsection (1) (a) of this section was served on him, or

( b ) the name and address of the owner of the vehicle cannot be ascertained by the local authority by reasonable inquiry.

(4) The local authority concerned may dispose or procure the disposal of a vehicle or other article removed and stored under section 12 (4) of this Act if the occupier (if any) of the land from which the vehicle or article was removed or the person who kept the vehicle or article on the land fails to claim the vehicle or article and remove it from the place where it is stored within two weeks of the date on which a notice under subsection (1) (b) of this section was served on him.

(5) A vehicle or other article shall not be disposed of under this section within one month of the date of its removal under section 11 or 12 of this Act.

( 6 ) ( a ) Where, in relation to—

(i) a vehicle removed by a local authority under section 11 or 12 of this Act, or

(ii) a vehicle (being an abandoned vehicle or a vehicle which appears to have been abandoned) removed by or on the authority of a road authority under section 97 (inserted by the Road Traffic Act, 1968 ) of the Road Traffic Act, 1961 ,

the local authority or the road authority, as the case may be, is satisfied that the condition of the vehicle is such that it is incapable of being used as a vehicle and cannot by the expenditure of a reasonable amount of money be rendered capable of being so used, the local authority or the road authority, as the case may be, may, notwithstanding anything in this or any other Act, dispose of the vehicle at any time after the removal aforesaid without having stored it and without having served upon any person, or published, a notice in relation to the vehicle.

( b ) In paragraph (a) of this subsection "abandoned" and "road authority" have the same meanings as in the Road Traffic Ac, 1961.

(7) A person who makes a declaration under subsection (2) of this section that is false or misleading shall be guilty of an offence.

14.—Moneys accruing to a local authority under this Act shall be disposed of in accordance with regulations made by the Minister.

15.—A person guilty of an offence under this Act shall be liable on summary conviction to a fine not exceeding £800.

16.—(1) An offence under this Act (other than section 10 of this Act) may be prosecuted by the local authority in whose area the offence was committed.

(2) Where an offence under this Act is committed by a body corporate and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body or any person who was purporting to act in any such capacity, he, as well as the body, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(3) An offence under section 10 of this Act may be prosecuted by the local authority in whose area the offence was committed or by the occupier of the land on which the vehicle the subject of the offence was abandoned.

17.—(1) Where a notice is required or authorised by this Act to be served on a person, it shall be addressed to him and shall be served on him in some one of the following ways:

( a ) by delivering it to him,

( b ) by leaving it at the address at which he ordinarily resides,

( c ) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides,

( d ) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and the notice is so required or authorised to be given or served in respect of any land, or a vehicle or article on or removed from any land by delivering it to some person over sixteen years of age resident or employed on such land or by affixing it in a conspicuous position on or near such land.

(2) For the purposes of this section, a company registered under the Companies Acts, 1963 and 1977, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(3) A person who, at any time, without lawful authority, removes, damages or defaces a notice affixed under subsection (1) (d) of this section—

( a ) before the period specified in the notice expires, or

( b ) before the notice is complied with,

whichever should first happen, shall, unless he is the person to whom the notice is addressed, be guilty of an offence.

18.—(1) The Minister may make regulations prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.

(2) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is paced by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

19.— Sections 52 and 53 of the Local Government (Planning and Development) Act, 1963 , are hereby repealed.

20.—(1) This Act may be cited as the Litter Act, 1982 .

(2) This Act shall come into operation on such day as the Minister may appoint by order.