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This is a Bill, not an Act. For current law, see the Acts databases.
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: page 1 Environmental Protection Amendment (Banning Plastic Bags and Other Things) Bill 2018 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 page 2 Environmental Protection Amendment (Banning Plastic Bags and Other 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; page 3 Environmental Protection Amendment (Banning Plastic Bags and Other Things) Bill 2018 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. page 4 Environmental Protection Amendment (Banning Plastic Bags and Other Things) Bill 2018 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. page 5 Environmental Protection Amendment (Banning Plastic Bags and Other Things) Bill 2018 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 page 6 Environmental Protection Amendment (Banning Plastic Bags and Other Things) Bill 2018 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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