Litter Enforcement
The Litter (NI) Order 2004 regulates and controls litter and similar environmental pollution. It creates a number of offences. It creates statutory obligations. It provides a number of other powers and measures to reduce and manage litter.
It is an offence for a person to throw down, drop, or deposit into or from any place open to the air or leave anything in circumstances as to cause or contribute to or tend to lead to the defacement by the litter of any place. It is a defence to prove the leaving of the thing was authorised by law or done with the consent of the owner or controller of the place. A person guilty of the offence is liable on conviction, summarily, to a fine not exceeding level 4 on the standard scale.
It is an offence for a person in charge of a dog to permit the dog to deposit excrement in the place prescribed by regulation. It is a defence that he took reasonable precautions and exercised due diligence to avoid the offence or made a reasonable attempt to remove the excrement.
A person who commits an offence is liable to a fine on summary conviction up to level 4. The provision does not apply to a blind person in charge of a dog or to a stock person in charge of a working dog being used for driving livestock.
A person may be authorised by the District Councillor, the owner-occupier of lands, to enforce the legislation. Constables equally have powers to do so.
Any person authorised to enforce legislation may demand the name of the person and address of a person whom he believes to have committed an offence. If a person fails to comply with the demand, he is guilty of an offence and subject, on summary conviction, to a level 1 fine on the standard scale. The District Council may prosecute the offence.
An authorised officer of the District Council may issue a fixed penalty notice in respect of an offence. If the penalty is paid within 14 days, no proceedings are instituted, and the person is not convicted of an offence. The fixed penalty notice shall give details of the circumstances alleged to constitute the offence, set out the amount of the fixed penalty, and the period during which it must be paid to avoid proceedings.
A complaint may be made to the court of summary jurisdiction by a person aggrieved by the defacement by litter of any road or land. Any person may complain that he is aggrieved by the want of cleanliness of any road. Proceedings may be brought against the entity which has the duty to keep the road clean or clear.
Prior to instituting proceedings, the complainant must give at least five days’ written notice of intention to make the complaint and specify the matter complained of. If the court is satisfied the land is defaced by litter or is in the case of uncleanliness, it may make a litter abatement order requiring clearing of litter within the specified time. An order shall not be made if the person or entity proves that he has complied with his duty with respect to the road or land in question.
A person who, without reasonable excuse, fails to comply with a litter abatement order is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale. In the case of a continuing offence, the offender, if he continues to fail to comply, may be subject to a fine not exceeding one-twentieth of level 4 on the standard scale for each day the offence continues. The code of practice may be admissible in proceedings if any question appears relevant to the matter.
If the court is satisfied that the road or land is wanting in cleanliness, and there are reasonable grounds for bringing the complaint, it shall order the defendant to pay the reasonable sums to the complainant, as the court may determine.
A District Council may, if it is satisfied that any State land, land occupied by a statutory undertaker, educational institution, or a land within a litter control area, is defaced by litter, have a litter abatement notice imposing either a requirement or prohibition or both that the litter be cleared within the time specified or prohibiting or permitting the land to become defaced by litter.
A person or entity served with the notice may appeal to a court of summary jurisdiction within 21 days. If, in the meantime, the applicant proves he has complied with his duty, the appeal is to be allowed. If the person on whom the notice is served fails to comply with or contravenes the requirement or prohibition, he is guilty of an offence subject, on summary conviction, to a fine not exceeding level 4 on the standard scale. It is a defence in any such proceedings to prove that the person has complied with his duty in respect of the land above. A code of practice is admissible in evidence as appears relevant.
If a person on whom a litter abatement notice is served fails to comply with the requirement, the District Council may enter the land and clear the litter and recover the cost from the person concerned.
The District Council may, with a view to preventing accumulations of litter in or around any street or open land adjacent to a street, issue a street litter control notice imposing requirements on occupiers of premises in relation to litter. If a council is satisfied, in relation to land with a frontage on a street in its district, that there is a recurrent defacement by litter of any land, being part of the street or adjacent to the street or in its vicinity, or the condition of the land or premises is of no detriment to the amenities of the locality or there is produced, as a result of the activities carried on, quantities of litter of such nature and such amounts as are likely to cause defacement of any part of the street, or open land in its vicinity, the council may serve a litter control notice on the occupier or, if unoccupied, the owner of the premises.
The notice is to specify the land concerned and specify the reasonable requirements the council considers appropriate in the circumstances. The Department may make an order specifying the description of commercial premises in respect of which a street litter control notice may be issued; the description of lands to be included, and maximum area requirements may be imposed by a notice relating to clearing of litter from the specified area.
In particular, it may require the provision of or emptying of receptacles for litter, doing of things specified, or the doing at such times and intervals, and within such periods, of any such thing as may be specified. The clearing of litter from a carriageway may only be required during hours when the carriageway is closed.
If the District Council proposes to serve a notice, it shall inform in writing the person to whom the notice is to be served, give him the opportunity to make notices, and representations within 21 days and take the same into account in making the decision.
A person on whom a notice is served may appeal to a court of summary jurisdiction within 21 days. If it appears to the council that a person has failed to comply with its requirements, by a notice, the council may apply to a court of summary jurisdiction for an order requiring the persons to comply with the requirement within such time as may be specified.
A person who, without reasonable cause, fails to comply with an order above, is guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4.