Patrick Nulty (Dublin West, Independent)
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815. To ask the Minister for Environment, Community and Local Government if county councils have the power to compel the owners of shopping centres to ensure the shopping centre environs are kept free of litter and rubbish bins therein are regularly emptied; if he will outline the relevant sections of legislation regarding same; and if he will make a statement on the matter. [35196/13]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Section 16 of the Litter Pollution Act 1997 empowers local authorities to require the taking of special measures to prevent or limit the creation of litter by certain operations, including shopping centres. In addition, section 57 of the Protection of the Environment Act 2003, which amended section 21 of the Litter Pollution Act 1997, conferred powers on local authorities to make bye-laws for the purposes of preventing the creation of, and controlling, litter within their functional areas. These bye-laws can require the occupiers of specified premises or classes of premises to take such measures as are deemed necessary by the local authority to prevent or limit the creation of litter at or in the vicinity of such premises and provide for its removal. The role of my Department is to provide the legislative framework within which to combat litter pollution and in that regard, following a review of legislation, my Department is currently preparing legislative proposals that would provide for the introduction of an on-the-spot fine for incidences of fly-tipping or small-scale illegal dumping.