Written answers

Thursday, 5 March 2015

Department of Environment, Community and Local Government

Litter Pollution Legislation

Photo of Paul MurphyPaul Murphy (Dublin South West, Socialist Party)
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246. To ask the Minister for Environment, Community and Local Government if the exemption from litter fines for election advertising, under sections 19 and 21 of the Litter Pollution Act 1997, as amended, covers advertising promoting a registered party but not containing the name of a candidate. [9654/15]

Photo of Alan KellyAlan Kelly (Tipperary North, Labour)
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The primary purpose of the Litter Pollution Acts 1997 to 2009 is not to prescribe the content and format of election related public advertising material, but to limit the creation of litter. It is a requirement under section 19(1) of the Litter Pollution Acts, as amended by the Protection of the Environment Act 2003, that all forms of posters carry the name and address of the promoter or person on whose behalf the election posters have been issued. The Litter Pollution Acts are silent, however, on the specific issue raised by the Deputy.

In general, however, planning permission is required for the erection of election posters, unless specifically exempted. Part 2 of Schedule 2 (Class 14) of the Planning and Development Regulations 2001-2013 provides that the erection of election posters is exempted development, subject to certain conditions and limitations and the general restrictions on exemptions provided for in article 9 of the Regulations. Any queries in this regard should be directed to the relevant local planning authority who can advise on the matter of whether such posters would qualify under exempted development. It is a matter for each registered individual or party to satisfy themselves that they are fully compliant with the relevant legislation.

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