Formal Notice of Failure to Perform Mandatory Statutory Duty under the Litter Pollution Act 1997

By Email

To: Chief Executive CC: Elected members'

Subject: Formal Notice of Failure to Perform Mandatory Statutory Duty under the Litter Pollution Act 1997 — Intended High Court Proceedings

[Date]

Dear Chief Executive,

I write to put you on formal notice of a failure by [Name of Local Authority] to perform its mandatory statutory duties under the Litter Pollution Act 1997 in respect of [name of specific street, road or area].

I am corresponding with you in good faith and I am affording you fourteen days from the date of this email to remedy this failure. If I do not receive a satisfactory response within that period I will, without further notice, commence proceedings in the High Court seeking a mandatory order compelling [Name of Local Authority] to discharge its statutory functions under the Litter Pollution Act 1997.

Mandatory Statutory Obligations

Section 7 of the Litter Pollution Act 1997 places a mandatory obligation on every local authority to ensure that each public road in its functional area is, so far as practicable, kept free of litter.

Section 8 of the same Act places a further mandatory obligation on every local authority to take all practicable measures for the prevention of the creation and for the prevention and overcoming of the polluting effects of litter in its functional area including measures for the collection and disposal of litter and the provision and maintenance of litter receptacles of such type and quantity as are necessary to prevent the creation of litter.

These obligations are mandatory. They are not discretionary. The word shall in both sections admits of no ambiguity. These are duties imposed on [Name of Local Authority] by the Oireachtas and they must be performed.

The Failure

The following public road or area within your functional area is not being maintained in compliance with your statutory obligations under the Litter Pollution Act 1997:

Location: [Insert specific street, road or area including town and county]

Description of condition: [Insert clear description — accumulated litter, overflowing bins, dumped waste, uncollected rubbish etc.]

Date and time observed: [Insert date and time]

Photographic evidence documenting this failure is attached to this email and will be relied upon in any court proceedings.

What I Require Within Fourteen Days

I require you to confirm in writing within fourteen days of the date of this email:

  1. What specific steps [Name of Local Authority] will take to remedy the failure at the above location.
  2. The timeframe within which those steps will be completed.
  3. What ongoing measures are in place under your Litter Management Plan pursuant to section 10 of the Litter Pollution Act 1997 to prevent recurrence at this and similar locations.
  4. The date of your most recent annual report to the elected council under section 10(3) of the Litter Pollution Act 1997 and how a copy of that report may be obtained by a member of the public.

Intended High Court Proceedings

If I do not receive a satisfactory substantive response within fourteen days of the date of this email I will without further notice initiate proceedings in the High Court seeking a mandatory order compelling [Name of Local Authority] to perform its statutory functions under sections 7 and 8 of the Litter Pollution Act 1997.

I put you on notice that these are environmental proceedings within the meaning of section 3 of the Environment (Miscellaneous Provisions) Act 2011 and Article 9 of the Aarhus Convention to which Ireland is a party. Accordingly no court fees or stamp duty are payable in connection with these proceedings pursuant to Article 8 of the Supreme Court Court of Appeal and High Court (Fees) Order 2014 (S.I. No. 492 of 2014).

I further put you on notice that under section 3(2) of the Environment (Miscellaneous Provisions) Act 2011 I will be seeking all costs of these proceedings against [Name of Local Authority] to the extent that I succeed in obtaining relief and to the extent that your failure to perform your statutory functions has caused me to bring these proceedings. I further reserve the right to apply for costs on the basis that this matter is of exceptional public importance pursuant to section 3(4) of the same Act.

Reserved Functions of the Elected Council

I put you on further notice that I will be bringing this failure to the attention of the elected members. The making implementation and review of the Litter Management Plan is a reserved function of the elected council under section 13 of the Litter Pollution Act 1997. The elected members bear direct responsibility for the discharge of that function and will be put on notice of this failure accordingly.

Good Faith Engagement

I am engaging with you in good faith. I am affording you fourteen days to remedy this failure before I exercise my constitutional right to access the courts as a public forum to vindicate my rights and the rights of my community. I expect a substantive response addressing each of the matters raised in this email within the time specified.

Yours faithfully,

[Full Name] [Address] [Contact Details]

Attachments: Photographic evidence attached

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