Liability of owners and drivers of vehicles in relation to littering of waste
116 Liability of owners and drivers of vehicles in relation to littering of waste
S. 116 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
Subject to sections 117 and 118, if waste is deposited from a vehicle contrary to section 115(1), (2), (3) or (4) the persons specified in subsection (2) are taken to have committed an offence against whichever of those subsections is applicable.
For the purposes of subsection (1), the following persons are specified—
the driver of the vehicle;
the registered owner of the vehicle;
a person authorised by the registered owner to use the vehicle (the authorised user) at the time the offence was committed.
S. 116(3) amended by No. 15/2026 s. 22(1).
Subject to sections 117 and 118, the registered owner of a vehicle is taken to have committed an offence against section 115(1), (2), (3) or (4) if—
a person deposits waste at premises or a place contrary to whichever of those subsections is applicable; and
that person was seen arriving at or leaving the premises or place in the registered owner's vehicle.
S. 116(4) substituted by No. 14/2025 s. 32(1), amended by No. 15/2026 s. 22(2).
A Court must not find a person guilty of an offence against section 115(1) or (2) because of the operation of subsection (1) or (3) unless the Court is satisfied that—
it is not practicable to discover who deposited the waste that is the subject of the offence; or
it is not possible to file a charge-sheet against the person who deposited the waste; or
it is unlikely that the filing of a charge‑sheet against the person who deposited the waste would result in a finding of guilt.
S. 116(4A) inserted by No. 14/2025 s. 32(1), amended by No. 15/2026 s. 22(2).
A Court must not find a person guilty of an offence against section 115(1), (2), (3) or (4) because of the operation of subsection (1) or (3) unless the Court is satisfied that no other person has been found guilty of an offence constituted by the depositing of the waste that is the subject of the offence.
S. 116(5) amended by Nos 14/2025 s. 32(2), 15/2026 s. 22(2).
If, as a result of the operation of subsection (1) or (3), the registered owner or the authorised user of a vehicle is taken to have committed an offence against section 115(1) or (2), a Court must not find the registered owner or the authorised user guilty of the offence unless the Court is satisfied that it is not possible to file a charge-sheet against the driver of the vehicle at the time of the offence.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.