Litter Pollution Act, 1997

For the purposes of information it has come to the attention of the Community Association that persons associated with the "Anti-Bin Tax Campaign" have advised residents that the following sections of the Litter Pollution Act, 1997 provide, in their view, the legal basis upon which householders may lawfully place household refuse in the back of the Council’s Bin Lorries.

However, please note that the Community Association is not currently in a position to ascribe such a broad meaning to these sections and therefore, it continues to advise residents to refrain from such direct action.

Litter Pollution Act, 1997

SECTION 3

3.—(1) No person shall deposit any substance or object so as to create litter in a public place or in any place that is visible to any extent from a public place.

(2) No person shall—

( a ) deposit any thing that is commercial, household, industrial or municipal waste in any place for collection by or on behalf of a local authority or by another person, or

( b ) load, transport, unload or otherwise handle or process any thing or carry on a business, trade or activity in such circumstances as to create litter or lead to litter in any public place or any place that is visible to any extent from a public place.

(3) No person shall place municipal waste into or near a litter receptacle.

(4) No person shall move or interfere with a litter receptacle that has been provided by a local authority or other person unless the movement or interference is authorised by the local authority or other person.

(5) For the purposes of subsection (3), "municipal waste" has the meaning assigned by section 5 of the Waste Management Act, 1996 .

(6) A person who contravenes any provision of this section shall be guilty of an offence.

SECTION 5

5.—Nothing in section 3 shall be construed as prohibiting—

( a ) the deposit of waste in a receptacle or place provided for the purpose of such waste,

( b ) the deposit in any place of a receptacle containing any commercial, household, municipal or industrial waste for collection by or on behalf of a local authority or by another authorised waste collector within the meaning of the Waste Management Act, 1996 , or

( c ) the deposit of waste at a civic waste facility, within the meaning of section 38 of the Waste Management Act, 1996 ,

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