Environmental Protection Regulations Amendment (Prohibited Plastics and Balloons) Regulations 2022 (WA)
3 June 2022 GOVERNMENT GAZETTE, WA 3157 EV302
Environmental Protection Act 1986
Environmental Protection Regulations
Amendment (Prohibited Plastics and Balloons)
Regulations 2022
SL 2022/64
Made by the Governor in Executive Council.
Part 1—Preliminary
1. Citation
These regulations are the Environmental Protection Regulations
Amendment (Prohibited Plastics and Balloons)
Regulations 2022.2. Commencement
These regulations come into operation as follows —
(a)
Part 1 — on the day on which these regulations are published in the Gazette (gazettal day);
(b) Part 3 — on 1 July 2022; (c) Part 4 — on 1 October 2022; (d)
the rest of the regulations — on the day after gazettal day.
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Part 2 - Amendments commencing on day after
gazettal
Division 1— Environmental Protection Regulations Amendment
(Prohibited Plastics and Balloons) Regulations 2021 amended
3. Regulations amended
This Division amends the Environmental Protection
Regulations Amendment (Prohibited Plastics and Balloons)
Regulations 2021.4. Regulation 2 amended
In regulation 2:
(a) in paragraph (b) delete '2022;" and insert: 2022.
(b) delete paragraphs (c) and (d). 5. Parts 3 and 4 deleted
Delete Parts 3 and 4.
Division 2— Environmental Protection (Prohibited Plastics)
Regulations 2018 amended
6. Regulations amended
This Division amends the Environmental Protection (Prohibited
Plastics) Regulations 2018.7. Regulation 3 amended
In regulation 3 delete the definition of plastic and insert:
plastic- lastic- (a) (a) means a material consisting of a polymer, to which additives or other substances may have
been added, which can function as a mainstructural component of final products; and
(b) includes expanded polystyrene; but (c) does not include a material consisting of natural
polymers that have not been chemically
modified;
3 June 2022 GOVERNMENT GAZETTE, WA 3159 8. Regulation 6 replaced
Delete regulation 6 and insert:
6. Reference to prescribed plastic bag before
commencement of Environmental Protection
Regulations Amendment (Prohibited Plastics and
Balloons) Regulations 2022 Pt. 3
Before 1 July 2022, a reference in regulation 5 to a
be a prescribed plastic bag for the purposes of these
regulations inunediately after the Environmental
Protection Regulations Amendment (Prohibitedprescribed plastic bag is a reference to a bag that will into operation.
9. Regulation 8 replaced
Delete regulation 8 and insert:
8. Reference to prescribed plastic item before
commencement of Environmental Protection
Regulations Amendment (Prohibited Plastics and
Balloons) Regulations 2022 Pt. 4Before 1 July 2022, a reference in regulation 7 to a prescribed plastic item is a reference to an item that will be a prescribed plastic item for the purposes of these regulations imndiate1y after the Environmental
Protection Regulations Amendment (Prohibited into operation.
10. Part 5 inserted
After Part 3 insert:Part 5 - Exemptions
19. Tenns used
In this Part— or on behalf of the Department;
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offence of supplying prescribed drinking straws means regulation 8(1), as in force on and after the coming into operation on 1 July 2022 of the
Environmental Protection Regulations Amendment
(Prohibited Plastics and Balloons) Regulations 2022
Part 3;
offence of supplying prescribed plastic items means
regulation 7(1), as in force on and after the coning into
operation on 1 July 2022 of the Environmental
Protection Regulations Amendment (Prohibited
Plastics and Balloons) Regulations 2022 Part 3.20. CEO may grant exemption
(1) If the CEO considers that it is reasonably necessary to
do so, the CEO may, by notice published on the
Department's website, exempt a person or class of
persons from the offence of supplying prescribed
plastic items, in relation to -
(a) all supplies of prescribed plastic items; or (b)
supplies of prescribed plastic items of specified kinds, or in specified circumstances, or both
(2) If the CEO considers that it is reasonably necessary to
do so, the CEO may, by notice published on the
Department's website, exempt a person or class of
persons from the offence of supplying prescribed
drinking straws in relation to -
(a) all supplies of prescribed drinking straws; or (b)
supplies of prescribed drinking straws of specified kinds, or in specified circumstances, or both.
(3) The CEO may grant an exemption under
subregulation (1) or (2) subject to conditions specified
in the notice. (4) If the CEO grants an exemption under
subregulation (1) or (2) the CEO must specify in the
notice the period for which the exemption applies.(5) The CEO may, by notice published on the
Department's website, revoke or vary an exemption
granted under subregulation (1) or (2).(6) A period specified in a notice under subregulation (4)
must not begin before 1 July 2022.21. Application for exemption
(1) An exemption under regulation 20(1) or (2) may be
granted on application or on the CEO's own initiative.
3 June 2022 GOVERNMENT GAZETTE, WA 3161
(2) Before determining an application for an exemption
under regulation 20(1) or (2), the CEO may require the
applicant to provide any further information the CEO
requires in any particular case.22. Effect of exemption
(1) The offence of supplying prescribed plastic items does
not apply to -
(a)
the supply of a prescribed plastic item by a person if an exemption under regulation 20(1) applies to the person in relation to the supply or
(b)
the wholesale supply of a prescribed plastic item if the wholesale supplier believes on reasonable grounds that an exemption under regulation 20(1) applies to any of the following persons in relation to the supply of prescribed plastic items of that kind -
(1) the person to whom the item is supplied
by the wholesale supplier;
another person to whom the item is
subsequently to be supplied.
(2) The offence of supplying prescribed drinking straws
does not apply to -
(a)
the supply of a prescribed drinking straw by a person if an exemption under regulation 20(2) applies to the person in relation to the supply; or
(b)
the wholesale supply of a prescribed drinking straw if the wholesale supplier believes on reasonable grounds that an exemption under regulation 20(2) applies to any of the following
persons in relation to the supply of prescribed drinking straws of that kind -
(1) the person to whom the straw is
supplied by the wholesale supplier;
another person to whom the straw is
subsequently to be supplied.
Part 3— Amendments commencing on 1 July 2022
Division 1— Environmental Protection (Prohibited Plastics)
Regulations 2018 amended
11. Regulations amended
This Division amends the Environmental Protection (Prohibited
Plastics) Regulations 2018.
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12. Regulation I amended
In regulation I delete "(Prohibited Plastics)" and insert:
(Prohibited Plastics and Balloons)
13. Regulation 3 amended
(1) In i-egulation 3 delete the definitions of iiiedical care pro rider prescribed plastic bag
(2) In regulation 3 insert in alphabetical order: adult means a person who has reached 18 years of age;
authorised business or undertaking means -
(a)
a pharmacy the premises of which are registered under the Pharmacy Act 2010 section 39(1); or
(b)
a business that supplies products used for medical or dental care; or
(c) a local government customer service centre; or (d)
a library or visitor information centre operated by a local government; or
(e)
a charitable organisation licensed under the Charitable Collections Act 1946 section 11(3);
care facility means -
(a)
a private hospital as defined in the Private Hospitals and Health Services Act 1927 section 2(1); or
(b) a public hospital as defined in the Health
Services Act 2016 section 8(6); or
(c) a facility at which residential care (as defined in the Aged Care Act 1997 (Commonwealth) section 41-3) is provided; or (d) enrolled under the National Disability
Insurance Scheme (Specialist Disabilitya specialist disability accommodation dwelling Part 3; or
(e) a medical or dental clinic; or (f)
a school as defined in the School Education Act 1999 section 4; or
(g)
a place at which community health services are provided; or
3 June 2022 GOVERNMENT GAZETTE, WA 3163
(h)
a facility at which disability support, palliative care, respite care or rehabilitation services are provided;
community health service means -
(a) any residential medical, paramedical, nursing or palliative service; or (b) any service relating to, or associated with, the paragraph (a);
conduct a business or undertaking has a meaning
affected by regulation 3C;medical care provider means -
(a) an individual who practises any of the
following health professions as defined in the
Health Practitioner Regulation National Law
(Western Australia) section 5 -
(1) Aboriginal and Torres Strait Islander
health practice;(ii) dentist, dental therapist, dental
dental (including the profession of a health therapist);
(iii) medical,
(iv) medical radiation practice;
(v) midwifery,
(vi) nursing;(vii) occupational therapy,
(viii) paramedicine;
(ix) physiotherapy,
or
(b) a speech pathologist; pre-packaged food or drink product means a food or
drink product that -
(a)
arrives at the premises from which it is to be supplied to a consumer in a container or packaging in, or by which, the food or drink is wholly enclosed, whether or not it is also in an outer container or packaging that contains multiple units of the food or drink; and
(b)
is not designed to be removed from its container or packaging, other than any outer container or packaging, before it is supplied to the consumer;
prescribed plastic bag has the meaning given in
regulation 313;
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14. Regulations 3B to 3D inserted
At the end of Part 1 insert:
3B. Prescribed plastic bag (1) A prescribed plastic bag is a carry bag with handles
that is made wholly or partly from plastic and is
designed to convey goods purchased from a retailer.(2)
Without limiting subregulation (1), prescribed plastic bag includes a bag referred to in that subregulation that is—
(a) made wholly or partly of degradable, plastic; or
(b)
made from plastic-laminated paper or plastic-laminated cardboard.
(3) Despite subregulations (1) and (2), prescribed plastic
bag does not include -
(a) a barrier bag; or (b) an unsealed bag that is the packaging in which
perishable food is offered for sale; or(c) a bag that is, or is an integral part of the
packaging in which goods are sealed for sale;
or(d) a shopping bag that is nude from 1 or more of
the following fabrics (whether or not mixed
with a fabric that is not made from plastic) -
(1) woven polypropylene (whether or not it
is insulated for the purpose of keeping
items cold);(ii) nylon, (iii) polyester; or
(e)
a shopping bag that is made from non-woven polypropylene (whether or not mixed with a fabric that is not nude from plastic) if -
(1) the bag has sewn, rather than
heat-welded, seams; and
the fabric has a minimum weight of
90 grams per square metre measured as
a single layer of fabric.
3 June 2022 GOVERNMENT GAZETTE, WA 3165
3C. Conducting business or undertaking Without limitation, a person conducts a business or undertaking -
(a)
whether the person conducts the business or undertaking alone or with others; and
(b)
whether or not the business or undertaking is conducted for profit or gain.
3D. Regulations apply to supplies that occur wholly in
the StateThese regulations apply to the supply of a prescribed plastic bag, prescribed plastic item or prescribed drinking straw only if both the supplier and the person supplied are in the State. 15. Part 3 replaced
Delete Part 3 and insert:
Part 3 - Offences relating to plastic items
Division 1 Prescribed plastic items 7. Offence to supply prescribed plastic item
(1) A person must not, in the course of conducting a
business or undertaking, supply a prescribed plastic
item.
Penalty for this subregulation: a fine of $5 000.(2) Subregulation (1) does not apply to the supply of a
prescribed plastic item if the item -
(a) forms part of, is attached to, or is inside the sealed packaging of, a pre-packaged food or drink product; or (b) is a tray made from expanded polystyrene that is used solely as packaging for raw meat or seafood. Note for this subregulation:
The following are examples for pa rag rap h (a):
(a)
a spoon attached to, or sealed inside, a pre-packaged yoghurt container;
(b)
a fork attached to, or sealed inside, a pre-packaged instant noodle packet;
(c)
a bowl that forms part of a pre-packaged instant noodle packet;
(d) a plate sealed inside a pre-packaged frozen meal.
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(3) Subregulation (1) does not apply to the supply of a
prescribed plastic item in connection with the service
or consumption of food or drink on an aircraft.(4) Subregulation (1) does not apply to the wholesale
supply of a prescribed plastic item if the wholesale
supplier believes on reasonable grounds that the person
to whom the item is supplied by the wholesale supplier,
or another person to whom the item is subsequently to
be supplied, will use the item -
(a)
to prepare a pre-packaged food or drink product; or
(b)
in the case of a prescribed plastic item that is a tray nude from expanded polystyrene - as packaging for raw meat or seafood; or
(c)
in the case of a prescribed plastic item that is a bowl without a lid or a food container (nude from plastic other than expanded polystyrene) without a lid - in conjunction with a lid; or
(d)
in connection with the service or consumption of food or drink on an aircraft.
Division 2— Prescribed drinking straws
8. Offence to supply prescribed drinking straw
(1) A person must not, in the course of conducting a
business or undertaking, supply a prescribed drinking
straw.
Penalty for this subregulation: a fine of $5 000.(2) Subregulation (1) does not apply if the supply is
permitted under regulation 9, 10, 11, 12, 13, 14 or 15.9. Permitted supply: straw supplied as part of
pre-packaged food or drink product A person may supply a prescribed drinking straw if the straw forms part o1 is attached to, or is inside the sealed packaging o1 a pre-packaged food or drink product.
Example for this regulation: A drinking straw attached to a juice box
10. Permitted supply: straw supplied by medical care
providerA medical care provider may supply a prescribed drinking straw (either as a single straw or as part of a pack) in the course of conducting their practice as a medical care provider.
3 June 2022 GOVERNMENT GAZETTE, WA 3167 11. Permitted supply: straw supplied on aircraft
A person may supply a single prescribed drinking
straw to a person if the supply occurs in connection
with the service or consumption of food or drink on an
aircraft.12. Permitted supply: straw supplied at care facility
(1) A person (the supplier) may supply a prescribed
drinking straw (either as a single straw or as part of a
pack) to a person being cared for at a care facility if -
(a)
before the supply, the straw or pack of straws is not kept where it is generally available to be taken by persons at the care facility, and
(b) either -
(1) the person being cared for has requested
the straw or pack of straws; or
the supplier reasonably believes that the
straw or pack of straws is required for
medical, disability or therapeutic
purposes.
(2) For the purposes of subregulation (1), there is no
requirement for the supplier to request or obtain any
information or evidence in relation to any medical,
disability or therapeutic purposes for which the straw
or pack of straws is required.13. Permitted supply: straw supplied on request with
loud or drinkA person may supply a single prescribed drinking
straw to a person in the course of conducting a business
or undertaking (other than a retail business) as part of
which food or drink is supplied if— (a)
before the supply, the straw is not kept on display or where it is generally available to be taken by persons at the place where the supply occurs; and
(b) the straw is supplied -
(1) at the request of a person and (u) for use with food or drink.
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14. Pennitted supply: pack of straws supplied by
authorised business or undertaking(1) A person (the supplier) may supply a pack of
prescribed drinking straws to a person in the course of
conducting an authorised business or undertaking if -
(a)
before the supply, the pack of straws is not kept on display or where it is generally available to be taken by persons at the place where the supply occurs; and
(b) the person requests the pack of straws; and (c) either -
(1)
the supplier communicates to the person that prescribed drinking straws can only be supplied for medical, disability or
therapeutic purposes; or
the person states that the pack of straws
is required for medical, disability or
therapeutic purposes.
(2) For the purposes of subregulation (1), there is no
requirement for the supplier to request or obtain any
information or evidence in relation to any medical,
disability or therapeutic purposes for which the pack of
straws is required.15. Pennitted supply: straw supplied on wholesale basis
A person (the wholesale supplier) may supply a prescribed drinking straw on a wholesale basis if the wholesale supplier believes on reasonable grounds that the person to whom the straw is supplied by the wholesale supplier, or another person to whom the straw is subsequently to be supplied -
(a) will use the straw to prepare a pre-packaged food or drink product; or (b) is a medical care provider; or (c)
will use the straw in connection with the service or consumption of food or drink on an aircraft; or
(d)
conducts, or is involved in conducting, a business or undertaking that is -
(I) a care facility; or (n)
a business or undertaking (other than a retail business) as part of which food or drink is supplied to persons; or
an authorised business or undertaking.
3 June 2022 GOVERNMENT GAZETTE, WA 3169 Division 3— False or misleading information
16. Offence to give false or misleading information
about prescribed plastic item or prescribed
drinking strawA person who supplies or manufactures prescribed plastic items or prescribed drinking straws must not give any information that the person knows is false or misleading to another person about -
(a)
the composition of a prescribed plastic item or prescribed drinking straw; or
(b)
whether or not a plastic item is a prescribed plastic item.
Penalty: a fine of $5 000.
17. Reference to prescribed plastic item before
commencement of Environmental Protection
Regulations Amendment (Prohibited Plastics and
Balloons) Regulations 2022 Pt. 4In the period beginning on 1 July 2022 and ending on 30 September 2022, a reference in regulation 16 to a prescribed plastic item is a reference to an item that
these regulations iiiurtdiately after the Environmental
Protection Regulations Amendment (Prohibitedwill be a prescribed plastic item for the purposes of into operation.
Part 4— Offences relating to the release of
balloons
18. Offences relating to release of balloons
(1) A person must not release, or cause or permit the
release of a balloon inflated with gas that causes it to
rise in the air.
Penalty for this subregulation: a fine of $5 000.(2) An adult commits an offence if a child in the adult's
care releases a balloon inflated with gas that causes it
to rise lathe air.
Penalty for this subregulation: a fine of $5 000.(3) It is a defence to a charge under subregulation (2) to
prove that the adult took steps that were reasonable in
the circuimtances to ensure that the child did not
release the balloon.
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(4) Subregulations (1) and (2) do not apply if the balloon
is—
(a) released for scientific (including
meteorological) purposes; or(b) released inside a building or structure and does not make its way into the open air; or (c) a hot air balloon that is designed to - (i) carry persons; or
(ii) be recovered after landing.
Division 2 - Environmental Protection Regulations 1987
amended
16. Regulations amended
This Division amends the Environmental Protection
Regulations 1987.17. Schedule 6 amended
In Schedule 6 delete:
Environmental Protection
(Prohibited Plastics)Regulations 2018
1. regulation 4 250 500 2. regulation 5 250 500 3. regulation 7 250 500 and insert:
Environmental Protection (Prohibited Plastics and
Balloons) Regulations 2018
1. regulation 4 250 500 2. regulation 5 250 500 3. regulation 7(1) 250 500 4. regulation 8(1) 250 500 5. regulation 16 250 500 6. regulation 18(1) 250 500 7. regulation 18(2) 250 500
3 June 2022 GOVERNMENT GAZETTE, WA 3171 Part 4 - Amendments commencing on 1 October 2022
18. Regulations amended
This Part amends the Environmental Protection (Prohibited
Plastics and Balloons) Regulations 2018.19. Regulation 3 amended
In regulation 3 insert in alphabetical order:hot drink or soup means a drink or soup at a
temperature higher than the ambient temperature;
20. Regulation 3A amended
(1) In regulation 3A(l):
(a) in paragraph (h) delete "lid." and insert: lid;
(b) after paragraph (h) insert:
(i) a cup.
(2) Delete regulation 3A(3)(c) and insert:
(c)
a food container, bowl or cup that is made from paperboard and certified as biodegradable;
(d) a cup made from expanded polystyrene.
21. Regulation 7 amended
(1) In regulation 7(2):
(a) in paragraph (b) delete "seafood." and insert: seafood; or
(b) alter paragraph (b) insert:
(c)
is a cup that contains a hot drink or soup when it is supplied.
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(2) After regulation 7(4) insert:
(5) Subregulation (1) does not apply to the wholesale
supply of a prescribed plastic item if the item is a cup
of a kind that is suitable to be used to contain a hotdrink or soup.
N. HAGLEY, Clerk of the Executive Council.
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