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STATUTORY INSTRUMENTS.
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S.I. No.
359 of 1999.
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LITTER POLLUTION REGULATIONS, 1999.
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S.I. No. 359 of 1999.
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LITTER POLLUTION REGULATIONS, 1999.
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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:—
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1. These Regulations may be cited as the Litter
Pollution Regulations, 1999.
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2. These Regulations shall come into operation
on the 3rd January, 2000.
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3. The prescribed amount for the purpose of
Section 28 (1) of the Litter Pollution Act, 1997 shall be £50.
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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.
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5. The Litter Pollution Regulations, 1997 ( No.
214 of 1997 ) are hereby revoked.
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Schedule
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Form A
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Litter
Pollution Act, 1997 — Section 28.
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Notice in
relation to an alleged offence.
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To
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Address
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It is alleged
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(a) that you committed an offence under1
of the Litter Pollution Act, 1997 at2 ________________________________________________________________
on the _______ day of3 ____________________________________
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_______________________________________________________________________________________________
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(b)4 and that a mechanically propelled vehicle with the
identification mark
_____________________________________________________________________ was
used in the commission of the offence.
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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.
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Dated ____________________ day of3
_________________________________
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(Signed)
________________________________________
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7 Litter Warden/Dog Warden
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Member of An Garda Síochána
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Form B
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Offences To
Which A Notice Under Section 28 (1) Of the Litter Pollution Act, 1997 Apply
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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)
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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.
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Loading, transporting, unloading or
otherwise handling or processing anything
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Section 3 (2)
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Carrying on a business, trade or activity
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Placing municipal waste into or near a litter
receptacle. Section 3 (3)
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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)
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Failing to take measures to prevent the
creation of litter in the vicinity of a skip. Section 4 (2)
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Failing to keep a public place free of
litter. Section 6 (1)
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Failing to keep land free of litter that is
visible to any extent from a public place. Section 6 (2)
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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)
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Failing to keep a footpath or margin
adjoining a public road free of litter. Section 6 (4)
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Removing litter from a footpath or margin
onto a road. Section 6 (5)
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Failing to provide and maintain adequate
litter receptacles to prevent the creation of litter in the vicinity of a
mobile outlet. Section 15 (1)
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Failing to remove litter caused by the
operation of a mobile outlet in the vicinity of the outlet. Section 15
(2)
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Exhibiting an advertisement or other article
or causing defacement of a structure, door, gate, window, tree, pole or
other place. Section 19 (1)
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Placing advertising material on a
mechanically propelled vehicle. Section 19 (2)
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Distributing advertising material contrary to
a bye-law. Section 21
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Failing to remove faeces deposited by a dog. Section
22.
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Dated this 17th day of November,
1999.
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DAN WALLACE,
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Minister of State at the Department of the Environment
and Local Government.
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EXPLANATORY NOTE.
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(This note is not part
of the Instrument and does not purport to be a legal interpretation.)
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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 ).
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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.
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