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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Single Use and Other Plastics (Waste Avoidance)
Bill 2018
A BILL FOR
An Act to regulate the sale and supply of single use and other plastics and
for other purposes.
Contents
4Interaction with Environment Protection
Act
5Meaning of prohibited
plastics
6Retailers must provide alternatives to
prohibited plastics before 1 July 2023
7Retailers must not sell
or supply prohibited plastics after 1 July 2023
8Offence to falsely state that prohibited
plastic is not prohibited plastic
Part 3—Helium-filled balloons,
fishing tackle and personal hygiene products
9Offence to release helium-filled
balloons
10Retailers must provide disposal instructions
with fishing tackle and personal hygiene products
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Single Use and Other Plastics (Waste
Avoidance) Act 2018.
This Act will come into operation 3 months after the day on which it is
assented to by the Governor.
(1) In this Act, unless the contrary intention appears—
biodegradable—see
subsection (2)
;
sell includes offer for sale or possess for the purpose of
sale.
(2) For the purposes of
this Act, an article or product will be taken to be biodegradable if it is
comprised of a material of a type that has been assessed and tested in
accordance with AS 4736/2006 (as in force from time to time) and can, in
accordance with that standard, be designated as compostable.
4—Interaction
with Environment Protection Act
(1) This Act and
the
Environment
Protection Act 1993
will be read together and construed as if the 2 Acts constituted a single
Act.
(2) Without derogating from
subsection (1)
, authorised officers may exercise their powers under the
Environment
Protection Act 1993
for the purposes of the administration and enforcement of this
Act.
(3) In the event of an inconsistency between this Act and the
Environment
Protection Act 1993
, the provisions of this Act prevail.
(4) In this section—
authorised officer means a person who is an authorised
officer for the purposes of the
Environment
Protection Act 1993
.
5—Meaning
of prohibited plastics
In this Part—
prohibited plastic means an article comprised of or
containing plastic that is intended for disposal after a single use, and
includes—
(a) a plastic drinking straw; and
(b) plastic cutlery; and
(c) a plastic plate, bowl or cup; and
(d) a plastic food or beverage container (other than a container that is
the subject of a beverage container approval); and
(e) the plastic lid of a disposable coffee cup; and
(f) a plastic-stemmed cotton bud; and
(g) a plastic beverage stirrer; and
(h) a plastic balloon stick; and
(i) a plastic balloon tie; and
(j) an article or class of articles brought within the ambit of this
definition by the regulations,
but does not include—
(k) a biodegradable article; or
(l) an article or class of articles excluded from the ambit of this
definition by the regulations.
6—Retailers
must provide alternatives to prohibited plastics before 1 July
2023
(1) If, before 1 July 2023, a retailer makes a prohibited plastic
available to customers at retail premises (whether alone or together with other
goods purchased, or to be purchased, from the retailer), the retailer
must—
(a) be able to provide, on request by a customer, a permitted product that
is a reasonable alternative to the prohibited plastic; and
(b) display at the premises a notice (that complies with the requirements
prescribed by the regulations) indicating that such alternative products are
available at the premises.
Maximum penalty: $5 000.
Expiation fee: $315.
(2) Nothing in this section prevents a retailer from requiring a customer
to pay a fee for the provision of a permitted product that is a reasonable
alternative to a prohibited plastic.
(3) In this section—
permitted product means a product that is—
(a) biodegradable; or
(b) designed to be used on a regular basis over a period of approximately
2 years; or
(c) of a kind brought within the ambit of this definition by the
regulations.
(4) This section expires on 1 July 2023.
7—Retailers
must not sell or supply prohibited plastics after 1 July
2023
(1) A retailer must
not sell or supply a prohibited plastic to a customer on or after
1 July 2023.
Maximum penalty: $5 000.
Expiation fee: $315.
(2) It is a defence to a charge of an offence under
subsection (1)
if the retailer proves that they believed on reasonable grounds that the
article was not a prohibited plastic.
8—Offence
to falsely state that prohibited plastic is not prohibited
plastic
If—
(a) a person sells or supplies a prohibited plastic to another knowing
that it is a prohibited plastic; and
(b) before, or in the course of, selling or supplying the article, the
person represents to the other that the article is not a prohibited
plastic,
the person is guilty of an offence.
Maximum penalty: $20 000.
Part 3—Helium-filled
balloons, fishing tackle and personal hygiene products
9—Offence
to release helium-filled balloons
A person must not cause or permit the release into the open of a
helium-filled balloon.
Maximum penalty: $5 000.
Expiation fee: $315.
10—Retailers
must provide disposal instructions with fishing tackle and personal hygiene
products
(1) A retailer must not sell fishing tackle comprised of or containing
plastic unless instructions as to its use and recommended environmental disposal
are clearly displayed on a label or document provided with the tackle.
Maximum penalty: $5 000.
Expiation fee: $315.
(2) A retailer must not
sell personal hygiene products comprised of or containing plastic unless
instructions relating to their recommended environmental disposal are clearly
displayed on a label or document provided with the products.
Maximum penalty: $5 000.
Expiation fee: $315.
(3)
Subsection (2)
does not apply in relation to biodegradable personal hygiene
products.
(4) In this section—
fishing tackle includes fishing lines, nets, traps, jags and
floats;
personal hygiene products means—
(a) disposable nappies or sanitary or incontinence pads; or
(b) face wipes or baby wipes; or
(c) an article or class of articles brought within the ambit of this
definition by the regulations.
(1) The Governor
may make such regulations as are contemplated by, or as are necessary or
expedient for the purposes of, this Act.
(2) The regulations may, either unconditionally or subject to conditions,
exempt a person or class of persons from the operation of this Act or a
specified provision of this Act.
(3) Regulations under this Act may—
(a) be of general application or limited application; or
(b) make different provision according to the matters or circumstances to
which they are expressed to apply; or
(c) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of the Minister or any
other person or body prescribed by the regulations; or
(d) apply or incorporate, wholly or partially and with or without
modification, a code, standard, policy or other document prepared or published
by the Minister or another prescribed body.