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Waste Avoidance

The Single-use and Other Plastic Products (Waste Avoidance) Act 2020 (SA) restricts and prohibits the manufacture, production, distribution, sale and supply of certain single-use and other plastic products.

The object of the Act is to:

  • promote and support better waste management practices including the reduction of marine litter;
  • promote and support the principles of the waste management hierarchy; and
  • promote and support the principles of the circular economy.

The Single-use and Other Plastic Products (Waste Avoidance) Regulations 2021 (SA) provide further clarification of the Act.

The Act does not apply to a container that is the subject of a beverage container approval under the Environment Protection Act 1993 (SA).

As at 1 March 2022, a 'prohibited plastic product' means the following plastic products:

  • a single-use plastic drinking straw (exemption applies for disability and medical needs)
  • single-use plastic cutlery
  • a single-use plastic beverage stirrer
  • an expanded polystyrene cup
  • an expanded polystyrene bowl
  • an expanded polystyrene plate
  • an expanded polystyrene clamshell container;

[see Single-use and Other Plastic Products (Waste Avoidance) Act 2020 (SA) s 6(1)(a-g)]

Plastic is defined as a material made from, or comprising, organic polymers, whether plant extracts or of fossil fuel origin [s 3].

The South Australian Environmental Protection Agency (EPA) has produced a Guideline for assessing prohibited plastic products under the Act [link opens in a new window].

A product or products of a class can be excluded from the definition of a prohibited plastic product by the regulations. However, before this occurs, the Minister must undertake public consultation requirements [see s 6(2)].

Exemptions

Disability and medical needs

An exemption exists for single-use plastic drinking straws to be accessible to members of the community who rely on them due to disability and medical needs [s 16(2)].

Single-use plastic straws are to not to be on public display or freely accessible without the assistance of an employee of the business, but can be provided ‘on request’ where a business chooses to maintain a supply for this purpose. No proof of the disability or medical need is required [Single-use and Other Plastic Products (Waste Avoidance) Regulations 2021 (SA) reg 5(3)].

The exemption allows:

1. the sale, supply or distribution of an individual single-use plastic drinking straw at any business on request, for disability or medical needs; and

2. the sale, supply or distribution of single-use plastic drinking straws (i.e. in packs) at prescribed businesses for disability or medical needs, and

3. the wholesale sale, supply or distribution of single-use plastic straws to businesses for the above purposes or direct to people for disability or medical needs.

The sale, supply and distribution of packs of single-use plastic drinking straws at prescribed businesses is not subject to ‘on request’ considerations, as there is no requirement for single-use plastic drinking straws to be stored behind counters and/or removed from public display/access in these circumstances [reg 6(2)].

A prescribed business include a pharmacy, local government office, charity, medical facility, dental facility, and care facility.

The South Australian Government Replace the Waste website explains the exemptions for single-use plastic straws [link opens in a new window].

Pre-packed or attached products

A 'prohibited plastic product'does not include:

  • single-use plastic drinking straws or single-use plastic cutlery that form an integral part of a relevant food or beverage product (whether attached to or contained in the product) to enable or assist with consumption of the food or beverage; or
  • expanded polystyrene cups or expanded polystyrene bowls that form part of the packaging of a relevant food or beverage product.

[s 16(1), reg 4]

Further practical information on these exemptions can also be found in the Explanatory Information on the South Australian Government Green Industries SA website [link opens in a new window].

Offences

Sale, supply or distribution of prohibited plastic products in course of carrying on a business

A person who, in the course of carrying on a business, sells, supplies or distributes a prohibited plastic product to another person is guilty of an offence.

Maximum penalty: prescribed person $20,000.

in any other case $5,000.

Expiation fee: prescribed person $1,000.

in any other case $315.

[s 7(1)]

The offence applies whether or not a fee is charged for the supply or distribution of the prohibited plastic product, or the sale, supply or distribution of the prohibited plastic product is incidental to, or forms part of, the sale, supply or distribution of other products.

However it is not an offence for a person who sells, supplies or distributes a prohibited plastic product if the person is the manufacturer, producer or distributor of the product and the product is supplied or distributed to a person outside of South Australia.

It is a defence to a charge of an offence if the person is not a prescribed person and proves that they believed on reasonable grounds that the product was not a prohibited plastic product.

A business includes an enterprise, association, organisation or other body regardless of whether the activities it carries on are of a commercial, charitable, sporting, educational or community nature. The regulations may exclude certain businesses, classes of business, or in circumstances.

A prescribed person, in relation to a prohibited plastic product, means a person who is a manufacturer or producer of the product, or who sells, supplies or distributes the product in the course of carrying on a business as a wholesaler or distributor.

Representation that a product is not prohibited

It is an offence for a person who sells, supplies or distributes a prohibited plastic product to another person; and prior to, or in the course of, selling, supplying or distributing the product, represents to the other person that the product is not a prohibited plastic product.

Maximum penalty: $20,000.

Expiation fee: $1,000.

[s 8(1)]

Manufacture or production of oxo-degradable plastic products

It is an offence to, in the course of carrying on a business, manufacture or produce a product comprised, in whole or in part, of oxo-degradable plastic.

Maximum Penalty: $20,000

Expiation fee: $1,000

[s 9]

Sell, supply or distribute oxo-degradable plastic products in course of carrying on a business

It is an offence for a person who, in the course of carrying on a business, sells, supplies or distributes a product comprised, in whole or in part, of oxo-degradable plastic to another person.

Maximum penalty: prescribed person $20,000, in any other case $5,000.

Expiation fee: prescribed person $1,000, in any other case $315.

[s 10(1)]

It is a defence to a charge of an offence under ss 10(1) if the person is not a prescribed person and proves that they believed on reasonable grounds that the product was not comprised, in whole or in part, of oxo-degradable plastic.

Section 10 applies whether or not a fee is charged for the supply or distribution of the product, or the sale, supply or distribution of the product is incidental to, or forms part of, the sale, supply or distribution of other products.

A business includes an enterprise, association, organisation or other body regardless of whether the activities it carries on are of a commercial, charitable, sporting, educational or community nature. The associated regulations may exempt certain businesses or classes of businesses, in certain circumstances.

A prescribed person, in relation to a product comprised, in whole or in part, of oxo-degradable plastic, means a person who is a manufacturer or producer of the product, or who sells, supplies or distributes the product in the course of carrying on a business as a wholesaler or distributor.

Manufacturer's or producer's certification as to oxo-degradable plastic content of plastic products

A person who, in the course of carrying on a business, manufactures or produces a plastic product, must, at the written request of an authorised officer, provide to the Authority in accordance with this section, certification as to whether or not the product contains oxo-degradable plastic, unless the person has a reasonable excuse for not doing so.

Maximum penalty: $20,000.

[s 11(1)]

A person who, in the course of carrying on a business, distributes a plastic product or sells or supplies a plastic product by wholesale, must, at the written request of an authorised officer, provide to the Authority in accordance with this section, certification of the manufacturer or producer of the product as to whether or not the product contains oxo-degradable plastic, unless the person has a reasonable excuse for not doing so.

Maximum penalty: $20,000

[s 11(2)]

Certification must be in the manner and form, and contain the information, determined by the Environmental Protection Authority ('EPA'), be provided to the EPA within 30 days of the making of the request.

Representation that product is not comprised of oxo-degradable plastic

It is an offence for person who:

  • knows, or who ought reasonably to have known or suspected, that a product sold, supplied or distributed by the person to another person is comprised, in whole or in part, of oxo-degradable plastic; and
  • prior to, or in the course of, selling, supplying or distributing the product, represents to the other person that the product is not comprised, in whole or in part, of oxo-degradable plastic

Maximum penalty: $30,000

[s 12]

Further information can be found at the dedicated South Australian Government Replace the Waste website [link opens in a new window].

A dedicated Green Industries SA Business Helpline has been established to encourage voluntary compliance with the Act.

Green Industries South Australia

Address

81-95 Waymouth Street,

Adelaide, South Australia, 5001

Telephone

General Enquiries: 08 8204 205

Business Helpline: 1800 844 946

Waste Avoidance  :  Last Revised: Tue Mar 1st 2022
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.