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As of 1 July 2017 all aspects of the Local Nuisance and Litter Control Act 2016 commenced.

This now gives a council wide ranging powers to take action in respect of matters:

  • where a local nuisance is being caused, such as unsightly conditions, noise, odours, dust, smoke; and
  • where litter is being disposed of.

Under the Local Nuisance and Litter Control Act 2016, a council has a number of options regarding how it deals with these matters, including issuing abatement notices, pursuing civil penalties (with any civil penalty recoverable by the council) and taking prosecution proceedings.

An important aspect of the Local Nuisance and Litter Control Act being in force is that it changes a number of provisions of the Local Government Act 1999, with these provisions largely being incorporated into the new legislation. These changes include:

  • the removal of section 235, which deals with people depositing rubbish, goods, materials, earth, stone, gravel or any other substance on a public road or public place; and
  • the deletion of items 1 and 3 from column 1 of the table in section 254. This section provides a council with the power to order a person to do or refrain from doing a thing specified in column 1 of the table.

Item 1 relates to taking action considered necessary to ameliorate an unsightly condition. Item 3 is in respect of remedying a hazard to health or safety associated with a live or dead animal or animals, or to otherwise deal with an animal or animals.

The changes to section 254 are important as they impact the remedies available to a council pursuant to the Local Government Act. It is therefore important that anyone at a council who deals with issues arising under these provisions ensures he or she is familiar with the changes and proceeds pursuant to the correct legislation.

As a further comment, it is important to note that any orders made pursuant to items 1 or 3 of section 254 of the Local Government Act 1999 still continue in force notwithstanding the commencement of the Local Nuisance and Litter Control Act 2016.

If you have any further queries, please contact Anthony Kelly.