Written answers

Tuesday, 26 May 2015

Department of Environment, Community and Local Government

Litter Pollution Legislation

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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927. To ask the Minister for Environment, Community and Local Government if he will review the Litter Pollution Acts 1997 to 2009, which disallow rural businesses from erecting temporary signage on their premises; and if he will make a statement on the matter. [19910/15]

Photo of Alan KellyAlan Kelly (Tipperary North, Labour)
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The Litter Pollution Acts 1997 to 2009 provide the statutory framework to combat litter problems. Under the Acts, the primary management and enforcement response to littering is a matter for the relevant local authority.

Section 19 of the Litter Pollution Act 1997 makes it an offence to exhibit articles or advertisements on property in or visible from a public place without the prior written authority of the relevant owner, occupier or person in charge. In the case of an advertisement, the person on whose behalf the advertisement is exhibited will also be guilty of an offence.

Section 20 of the Litter Pollution Act (powers of local authorities regarding articles and advertisements on, and defacement of, certain structures, etc.) applies in regard to the display of advertisements on perimeter railings or street lamps. Under this Section, a local authority may serve a notice on the occupier of land requiring the removal of an advertisement exhibited on any structure or land that is in or visible from a public place if it appears to the local authority that it is in the interests of amenity or of the environment that the advertisement be removed. However, the Section also provides that it is a defence in any action for failure to comply with such a notice to show that the exhibition of the advertisement concerned was in accordance with a planning permission. I currently have no proposals to review these provisions.

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