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This is a Bill, not an Act. For current law, see the Acts databases.


ENVIRONMENTAL PROTECTION AMENDMENT (BANNING PLASTIC BAGS AND OTHER THINGS) BILL 2018

                   Western Australia


 Environmental Protection Amendment
(Banning Plastic Bags and Other Things)
                Bill 2018

                       Contents

1.   Short title                                                2
2.   Commencement                                               2
3.   Act amended                                                2
4.   Part V Division 2A inserted                                2
     Division 2A -- Restricted plastics and other things
     Subdivision 1 -- Preliminary
     51U.      Terms used                                  2
     Subdivision 2 -- Offences
     51V.      Obligations on retailers                    4
     51W.      Sale or supply of prohibited plastic bags   5
     51X.      Sale or supply of goods in restricted
               packaging                                   5
     51Y.      Sale or supply of goods containing
               prohibited plastic microbeads               5
     51ZA.     Sale or supply of prohibited balloons       5
     51ZB.     Sale or supply of prohibited plastic
               drinking straws                             5
     51ZC.     Person must not misrepresent
               composition of bags and packaging           5
     Subdivision 3 -- Reporting and review
     51ZD.     Reporting requirements                      6
     51ZE.     Review of Division                          6
5.   Schedule 1 amended                                         7




                         12--1B                                 page i
                           Western Australia


                      LEGISLATIVE COUNCIL

             (Introduced by Hon Mr Robin Chapple, MLC)


      Environmental Protection Amendment
     (Banning Plastic Bags and Other Things)
                     Bill 2018

                               A Bill for


An Act to amend the Environmental Protection Act 1986 to --
•  restrict the supply of plastic bags, balloons, plastic drinking
    straws and polyethylene and polystyrene packaging; and
•  prohibit the supply of products containing plastic microbeads,
and for incidental and related purposes.



The Parliament of Western Australia enacts as follows:




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     Environmental Protection Amendment (Banning Plastic Bags and Other
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     s. 1



1    1.       Short title
2             This is the Environmental Protection Amendment (Banning
3             Plastic Bags and Other Things) Act 2018.

4    2.       Commencement
5             This Act comes into operation as follows --
6              (a) sections 1 and 2 -- on the day on which this Act
7                    receives the Royal Assent;
8              (b) the rest of the Act -- on the 60th day after that day.

9    3.       Act amended
10            This Act amends the Environmental Protection Act 1986.

11   4.       Part V Division 2A inserted
12            After section 51T insert:
13


14            Division 2A -- Restricted plastics and other things

15                          Subdivision 1 -- Preliminary

16          51U.    Terms used
17                  In this Division --
18                  exempt balloon means a balloon that is in a class of
19                  balloon declared by an order made by the Minister
20                  under section 6(1) to be a class of balloon to which this
21                  Division does not apply;
22                  exempt plastic bag means a plastic bag that is in a class
23                  of plastic bag declared by an order made by the
24                  Minister under section 6(1) to be a class of plastic bag
25                  to which this Division does not apply;
26                  exempt plastic drinking straw means a plastic drinking
27                  straw that is in a class of plastic drinking straw

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                                                        Things) Bill 2018



                                                                          s. 4


1               declared by an order made by the Minister under
2               section 6(1) to be a class of plastic drinking straw to
3               which this Division does not apply;
4               plastic bag means a bag that is made in whole or in
5               part of polyethylene;
6               prohibited balloon means a balloon that is not any of
7               the following --
8                 (a) a balloon that is manufactured, supplied and
9                       used for medical or health related purposes;
10                (b) a balloon that is manufactured, supplied and
11                      used for policing or security purposes;
12                (c) a balloon that is manufactured, supplied and
13                      used for meteorological purposes;
14                (d) a hot air balloon used for the purpose of
15                      carrying passengers;
16                (e) an exempt balloon;
17              prohibited plastic bag means a plastic bag that is not
18              any of the following --
19                (a) a plastic bag that is manufactured, supplied and
20                      used for medical or health related purposes;
21                (b) a plastic bag that is manufactured, supplied and
22                      used for policing or security purposes;
23                (c) a plastic bag that is made wholly from
24                      biodegradable material that is suitable for
25                      composting;
26                (d) an exempt plastic bag;
27              prohibited plastic drinking straw means a plastic
28              drinking straw that is not any of the following --
29                (a) a plastic drinking straw that is manufactured,
30                      supplied and used for medical or health related
31                      purposes;




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     s. 4


1                    (b)    a plastic drinking straw that is manufactured,
2                           supplied and used for policing or security
3                           purposes;
4                     (c) an exempt plastic drinking straw;
5                   prohibited plastic microbead means a manufactured
6                   plastic particle of less than 5 mm in its largest
7                   dimension that is contained in, or added to, cosmetics,
8                   personal hygiene products (including toothpaste) or
9                   household detergents;
10                  prohibition day means the day that is 6 months after
11                  the day on which the Environmental Protection
12                  Amendment (Banning Plastic Bags and Other Things)
13                  Act 2018 section 4 comes into operation;
14                  restricted packaging means packaging that is made in
15                  whole or in part of polyethylene or polystyrene, but
16                  does not include packaging that is made in whole from
17                  biodegradable material that is suitable for composting.

18                           Subdivision 2 -- Offences

19          51V.    Obligations on retailers
20            (1)   A retailer must display a notice on the premises of the
21                  retailer specifying that --
22                    (a) the sale or supply of plastic bags by the retailer
23                           will be regulated under this Act from
24                           prohibition day; and
25                    (b) the sale, supply or provision of goods in
26                           restricted packaging by the retailer will be
27                           prohibited under this Act from prohibition day.
28            (2)   A notice referred to in subsection (1) must contain any
29                  information prescribed by the regulations.
30            (3)   A retailer who fails to display a notice as required by
31                  subsection (1) commits an offence.


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                                                                           s. 4


1      51W.     Sale or supply of prohibited plastic bags
2               A person who, on or after prohibition day, sells or
3               supplies a prohibited plastic bag commits an offence.

4      51X.     Sale or supply of goods in restricted packaging
5               A person who, on or after prohibition day, sells or
6               supplies goods that are sealed, wrapped or otherwise
7               contained in restricted packaging commits an offence.

8      51Y.     Sale or supply of goods containing prohibited
9               plastic microbeads
10              A retailer who, on or after prohibition day, sells or
11              supplies cosmetics, personal hygiene products
12              (including toothpaste) or household detergents that
13              contain a prohibited plastic microbead commits an
14              offence.

15     51ZA.    Sale or supply of prohibited balloons
16              A person who, on or after prohibition day, sells or
17              supplies a prohibited balloon commits an offence.

18     51ZB.    Sale or supply of prohibited plastic drinking straws
19              A person who, on or after prohibition day, sells or
20              supplies a prohibited plastic drinking straw commits an
21              offence.

22     51ZC.    Person must not misrepresent composition of bags
23              and packaging
24              A person who manufactures, imports or supplies
25              shopping bags or packaging for goods commits an
26              offence if, in connection with the manufacture, import
27              or supply, the person provides information relating to
28              the composition of the bags or packaging that the
29              person knows, or ought reasonably to know, is false or
30              misleading in a material particular.

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     Environmental Protection Amendment (Banning Plastic Bags and Other
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     s. 4


1                     Subdivision 3 -- Reporting and review

2           51ZD.   Reporting requirements
3                   The Authority must include in the annual report
4                   prepared under section 21 details of the following
5                   matters --
6                     (a) the exemptions granted under section 6(1) in
7                           relation to plastic bags, balloons and plastic
8                           drinking straws;
9                     (b) the amount of plastic reported in public places
10                          and waters and the impact of the plastic on
11                          fauna;
12                    (c) any information relating to the use of plastic
13                          bags, plastic packaging, balloons, plastic
14                          drinking straws and plastic microbeads that the
15                          Authority considers necessary.

16          51ZE.   Review of Division
17            (1)   The Minister must carry out a review of the operation
18                  and effectiveness of this Division as soon as is
19                  practicable after the expiry of 3 years from the day on
20                  which the Environmental Protection Amendment
21                  (Banning Plastic Bags and Other Things) Act 2018
22                  section 4 comes into operation.
23            (2)   The Minister must cause a report based on the review
24                  to be prepared and laid before each House of
25                  Parliament as soon as practicable after the review is
26                  completed.
27




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         Environmental Protection Amendment (Banning Plastic Bags and Other
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                                                                           s. 5



1   5.        Schedule 1 amended
2             In Schedule 1 Part 3 in the Table before item 1 insert:
3

         1A            51V(3)       $5 000                       Nil
         1B            51W          $5 000                       Nil
         1C            51X          $5 000                       Nil
         1D            51Y          $5 000                       Nil
         1E            51ZA         $5 000                       Nil
         1F            51ZB         $5 000                       Nil
         1G            51ZC         $5 000                       Nil
4


5




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