(LRC Revised)

Number 12 of 1997

LITTER POLLUTION ACT 1997

REVISED

Updated to 8 May 2026

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an

administrative consolidation of the

Litter Pollution Act 1997

. It is prepared by

the Law Reform Commission in accordance with its function under the

Law Reform

Commission Act 1975

(3/1975) to keep the law under review and to undertake

revision and consolidation of statute law.

All Acts up to and including the

Mental Health Act 2026

(11/2026), enacted 7 May 2026, and all statutory instruments up to and including

the

Environment (Miscellaneous Provisions) Act 2026 (Commencement) Order 2026

(S.I. No. 202 of 2026), made 8 May 2026, were considered in the

preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

12

of

1997

LITTER POLLUTION ACT

1997

REVISED

Updated to 8 May 2026

ARRANGEMENT OF SECTIONS

PART I

Short Title and Interpretation

Section

1.

Short title.

2.

Interpretation.

PART II

Litter Pollution Generally

3.

Prohibitions related to

littering.

4.

Obligations to prevent

litter.

5.

Certain activities not

prohibited.

6.

Duty of occupiers, etc.,

regarding littering.

PART III

Local Authority Functions and Duties

Generally

7.

Duty respecting public roads.

8.

Prevention of creation of litter.

9.

Notices requiring the removal of litter.

10.

Litter management plan required.

11.

Requirements of litter management plan.

12.

Procedure for making, amending or replacing litter management plan.

13.

Duties are a reserved function of local authority.

14.

Immunity of local authorities, etc., from liability.

PART IV

Littering-Related Matters

15.

Mobile outlets.

16.

Powers of local authorities to require the taking of special measures regarding litter

by certain operations.

17.

Powers of local authorities to require the taking of measures regarding litter creation

by major events.

18.

Powers of local authorities to take measures to prevent or limit litter creation by

major events.

19.

Prohibition of articles and advertisements on and defacement of certain structures,

etc.

20.

Powers of local authorities regarding articles and advertisements on, and defacement

of, certain structures, etc.

21.

Power of

local authorities to make bye-laws in relation to litter.

22.

Dog related offence.

PART V

Enforcement

23.

Offences involving, and powers of, litter wardens, etc.

23A.

Operation of CCTV for certain purposes.

23B.

Code of practice for purposes of section 23A.

23C.

Admissibility of evidence obtained under section 23A.

24.

Punishment for offences.

25.

Offence related provisions.

26.

Evidence in relation to certain offences.

27.

Vehicle related offences.

28.

Notice of certain offences may be given by litter wardens, etc.

PART VI

General

29.

Minister may issue directions and guidelines, etc.

30.

Extension of purposes for which regulations under Waste Management Act, 1996, may

be made.

31.

Regulations.

32.

Service of notices.

33.

Expenses.

34.

Disposition of moneys received by local authorities.

PART VII

Related and Consequential Amendments and

Commencement

35.

Amendment and repeal of certain enactments.

36.

Commencement.

Acts Referred

to

Companies Acts, 1963 to 1990

Control of Dogs Act, 1986

1986, No. 32

County Management Acts, 1940 to 1994

Electoral Act, 1992

1992, No. 23

Litter Act, 1982

1982, No. 11

Local Government Act, 1994

1994, No. 8

Local Government (Planning and Development) Act, 1963

1963, No. 28

Presidential Elections Act, 1993

1993, No. 28

Referendum Act, 1994

1994, No. 12

Roads Act, 1993

1993, No. 14

Road Traffic Act, 1961

1961, No. 24

Waste Management Act, 1996

1996, No. 10

Number

12

of

1997

LITTER POLLUTION ACT

1997

REVISED

Updated to 8 May 2026

AN ACT TO PROVIDE FOR THE PREVENTION AND CONTROL OF LITTER POLLUTION, THE PREVENTION,

OF THE DEFACEMENT OF CERTAIN PLACES AND MATTERS RELATING THERETO. [18

th April

, 1997]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering

text)

C1

References construed

(16.05.2024) by

Local Government (Mayor of Limerick) and Miscellaneous

Provisions Act 2024

(7/2024), s. 26 and sch. 1 part 2, S.I. No. 207 of

2024.

Director general

26.

(1) The chief executive

of Limerick City and County Council shall, on and after the vesting day, be known

as the director general of Limerick City and County Council and is in this Act

referred to as the “director general”.

(2) The person who, immediately

before the vesting day, was the chief executive of Limerick City and County

Council shall, on and after that day, continue in office and be referred to in

accordance with

subsection (1)

.

(3) On and after the vesting day,

a reference in an enactment specified in Part 2 of Schedule 1 to chief executive

shall, in so far as that reference applies to the chief executive of Limerick City

and County Council, be construed as a reference to the director general, or as

including a reference to the director general, as the context may require.

(4) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

...

PART 2

Enactments for Purposes of

Sections 10 and 26

...

No. 12 of 1997

Litter Pollution Act 1997

The whole Act.

...

Annotations

Modifications (not altering

text)

C1

References construed

(16.05.2024) by

Local Government (Mayor of Limerick) and Miscellaneous

Provisions Act 2024

(7/2024), s. 26 and sch. 1 part 2, S.I. No. 207 of

2024.

Director general

26.

(1) The chief executive

of Limerick City and County Council shall, on and after the vesting day, be known

as the director general of Limerick City and County Council and is in this Act

referred to as the “director general”.

(2) The person who, immediately

before the vesting day, was the chief executive of Limerick City and County

Council shall, on and after that day, continue in office and be referred to in

accordance with

subsection (1)

.

(3) On and after the vesting day,

a reference in an enactment specified in Part 2 of Schedule 1 to chief executive

shall, in so far as that reference applies to the chief executive of Limerick City

and County Council, be construed as a reference to the director general, or as

including a reference to the director general, as the context may require.

(4) This section shall apply

subject to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

...

PART 2

Enactments for Purposes of

Sections 10 and 26

...

No. 12 of 1997

Litter Pollution Act 1997

The whole Act.

...

PART I

Short Title and Interpretation

Section

1.

Short title.

2.

Interpretation.

PART II

Litter Pollution Generally

3.

Prohibitions related to

littering.

4.

Obligations to prevent

litter.

5.

Certain activities not

prohibited.

6.

Duty of occupiers, etc.,

regarding littering.

PART III

Local Authority Functions and Duties

Generally

7.

Duty respecting public roads.

8.

Prevention of creation of litter.

9.

Notices requiring the removal of litter.

10.

Litter management plan required.

11.

Requirements of litter management plan.

12.

Procedure for making, amending or replacing litter management plan.

13.

Duties are a reserved function of local authority.

14.

Immunity of local authorities, etc., from liability.

PART IV

Littering-Related Matters

15.

Mobile outlets.

16.

Powers of local authorities to require the taking of special measures regarding litter

by certain operations.

17.

Powers of local authorities to require the taking of measures regarding litter creation

by major events.

18.

Powers of local authorities to take measures to prevent or limit litter creation by

major events.

19.

Prohibition of articles and advertisements on and defacement of certain structures,

etc.

20.

Powers of local authorities regarding articles and advertisements on, and defacement

of, certain structures, etc.

21.

Power of

local authorities to make bye-laws in relation to litter.

22.

Dog related offence.

PART V

Enforcement

23.

Offences involving, and powers of, litter wardens, etc.

23A.

Operation of CCTV for certain purposes.

23B.

Code of practice for purposes of section 23A.

23C.

Admissibility of evidence obtained under section 23A.

24.

Punishment for offences.

25.

Offence related provisions.

26.

Evidence in relation to certain offences.

27.

Vehicle related offences.

28.

Notice of certain offences may be given by litter wardens, etc.

PART VI

General

29.

Minister may issue directions and guidelines, etc.

30.

Extension of purposes for which regulations under Waste Management Act, 1996, may

be made.

31.

Regulations.

32.

Service of notices.

33.

Expenses.

34.

Disposition of moneys received by local authorities.

PART VII

Related and Consequential Amendments and

Commencement

35.

Amendment and repeal of certain enactments.

36.

Commencement.

Number

12

of

1997