{"id":"environmental-protection-prohibited-plastics-and-balloons-regulations-2018","name":"Environmental Protection (Prohibited Plastics and Balloons) Regulations 2018","slug":"environmental-protection-prohibited-plastics-and-balloons-regulations-2018","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176607,"registerId":"wa-environmental-protection-prohibited-plastics-and-balloons-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Environmental Protection (Prohibited Plastics and Balloons) Regulations 2018","content":"![Crest]()Western Australia\n\nEnvironmental Protection Act 1986\n\nEnvironmental Protection (Prohibited Plastics and Balloons) Regulations 2018\n\nWestern Australia\n\nEnvironmental Protection (Prohibited Plastics and Balloons) Regulations 2018\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n3A. Prescribed plastic item 7\n\n3B. Prescribed plastic bag 9\n\n3BA. Prescribed drinking straw 11\n\n3BB. Prescribed expanded plastic packaging 11\n\n3BC. Rinse‑off personal care product 12\n\n3C. Conducting business or undertaking 13\n\n3D. Regulations apply to supplies that occur in the State 13\n\nPart 2 — Offences relating to plastic bags\n\n4. Offence to supply prescribed plastic bag 14\n\n4A. Offence in r. 4 does not apply to certain prescribed plastic bags before 1 March 2024 14\n\n4B. Offence in r. 4 does not apply to meat and dairy barrier bags before 1 October 2026 14\n\n5. Offence to give false or misleading information about a prescribed plastic bag 14\n\nPart 3 — Offences relating to plastic items\n\nDivision 1 — Prescribed plastic items\n\n7. Offence to supply prescribed plastic item 16\n\n7A. Offence in r. 7(1) does not apply to certain supplies before 1 September 2023 18\n\n7B. Offence in r. 7(1) does not apply to certain supplies before 1 March 2024 19\n\n7C. Offence in r. 7(1) does not apply to certain supplies before 1 September 2024 19\n\nDivision 2 — Prescribed drinking straws\n\n8. Offence to supply prescribed drinking straw 20\n\n9. Permitted supply: straw supplied as part of pre‑packaged food or drink product 20\n\n10. Permitted supply: straw supplied by medical care provider 21\n\n11. Permitted supply: straw supplied on aircraft 21\n\n12. Permitted supply: straw supplied at care facility 21\n\n13. Permitted supply: straw supplied on request with food or drink 22\n\n14. Permitted supply: pack of straws supplied by authorised business or undertaking 22\n\n15. Permitted supply: straw supplied on wholesale basis 23\n\nDivision 3 — False or misleading information\n\n16. Offence to give false or misleading information about prescribed plastic item or prescribed drinking straw 23\n\nPart 3A — Offences relating to degradable plastic items\n\n17. Offence to supply degradable plastic item 25\n\n17A. Offence in r. 17 does not apply to supplies before 1 September 2023 25\n\n17B. Offence to give false or misleading information about degradable plastic item 25\n\nPart 3B — Offences relating to prescribed microbead products\n\n17C. Offence to supply prescribed microbead product 26\n\n17D. Offence in r. 17C does not apply to supplies before 1 September 2023 26\n\n17E. Offence to give false or misleading information about prescribed microbead product 26\n\nPart 3C — Offences relating to prescribed expanded plastic packaging\n\n17EA. Terms used 27\n\n17EB. Authorised manner of disposal 27\n\n17F. Offence to supply prescribed expanded plastic packaging 28\n\n17FA. Offence to dispose of protective packaging 29\n\n17G. Offence in r. 17F(1) does not apply to certain supplies before 1 September 2023 30\n\n17H. Offence in r. 17F(1) does not apply to certain supplies before 1 July 2025 30\n\n17I. Offence to give false or misleading information about prescribed expanded plastic packaging 30\n\nPart 4 — Offences relating to the release of balloons\n\n18. Offences relating to release of balloons 31\n\nPart 4A — Offence relating to prescribed plastic film signage\n\n18A. Offence to use prescribed plastic film signage outdoors for promotional or advertising purposes 32\n\nPart 5 — Exemptions\n\n19. Term used: Department’s website 33\n\n20. CEO may grant exemption 33\n\n21. Application for exemption 35\n\n22. Effect of exemption 35\n\nNotes\n\nCompilation table 38\n\nOther notes 38\n\nDefined terms\n\n  \n\nEnvironmental Protection Act 1986\n\nEnvironmental Protection (Prohibited Plastics and Balloons)  Regulations 2018\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\n\t\tThese regulations are the *Environmental Protection (Prohibited Plastics and Balloons) Regulations 2018*.\n\n[Regulation 1 amended: SL 2021/215 r. 4; SL 2022/64 r. 12.]\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) regulations 4 and 7(2) — on 1 January 2019;\n\n(c) the rest of the regulations — on 1 July 2018.\n\n##### 3. Terms used\n\nIn these regulations —\n\nadult means a person who has reached 18 years of age;\n\nAS 4736‑2006 means Australian Standard 4736‑2006 *Biodegradable plastics ‑ Biodegradable plastics suitable for composting and other microbial treatment* published by Standards Australia, as in effect from time to time;\n\nAS 5810‑2010 means Australian Standard 5810‑2010 *Biodegradable plastics ‑ Biodegradable plastics suitable for home composting* published by Standards Australia, as in effect from time to time;\n\nauthorised business or undertaking means —\n\n(a) a pharmacy the premises of which are registered under the *Pharmacy Act 2010* section 39(1); or\n\n(b) a business that supplies products used for medical or dental care; or\n\n(c) a local government customer service centre; or\n\n(d) a library or visitor information centre operated by a local government; or\n\n(e) a charitable organisation licensed under the *Charitable Collections Act 1946* section 11(3);\n\nbiodegradable plastic means plastic that —\n\n(a) is able to be broken down by microorganisms into carbon dioxide, water, biomass and a mineral residue; and\n\n(b) does not contain an additive designed to accelerate fragmentation of the plastic;\n\nbowl includes a container that —\n\n(a) is designed to contain food; and\n\n(b) has a round rim and a flat base; and\n\n(c) tapers towards the base; and\n\n(d) holds at least 1 serve of food;\n\ncare facility means —\n\n(a) a private hospital as defined in the *Private Hospitals and Health Services Act 1927* section 2(1); or\n\n(b) a public hospital as defined in the *Health Services Act 2016* section 8(6); or\n\n(c) a facility at which residential care (as defined in the *Aged Care Act 1997* (Commonwealth) section 41‑3) is provided; or\n\n(d) a specialist disability accommodation dwelling enrolled under the *National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020* (Commonwealth) Part 3; or\n\n(e) a medical or dental clinic; or\n\n(f) a school as defined in the *School Education Act 1999* section 4; or\n\n(g) a place at which community health services are provided; or\n\n(h) a facility at which disability support, palliative care, respite care or rehabilitation services are provided;\n\ncatering platter means a prescribed plastic item that —\n\n(a) is —\n\n(i) a food tray; or\n\n(ii) a food container that has a lid on it (whether the lid is an integrated part of the food container or is detachable);\n\nand\n\n(b) is designed to be used to contain multiple serves of food for the purposes of catering at a function or event;\n\ncommunity health service means —\n\n(a) any residential medical, paramedical, nursing or palliative service; or\n\n(b) any service relating to, or associated with, the provision of a service referred to in paragraph (a);\n\nconduct a business or undertaking has a meaning affected by regulation 3C;\n\ncotton bud does not include an item designed to be used —\n\n(a) by a medical care provider or veterinarian in the course of conducting their practice as a medical care provider or veterinarian; or\n\n(b) as a swab to collect a specimen for scientific or medical testing;\n\ncutlery —\n\n(a) means utensils used for eating food; and\n\n(b) includes knives, forks, spoons, chopsticks, splayds and sporks;\n\ndegradable plastic —\n\n(a) means plastic that contains an additive designed to accelerate fragmentation of the plastic into smaller pieces under certain conditions, including exposure to light, bacteria or heat; but\n\n(b) does not include biodegradable plastic;\n\n  degradable plastic item means an item or product made wholly or partly from degradable plastic;\n\ndisposable plastic item means an item made wholly or partly out of plastic if —\n\n(a) the item is designed to be disposed of after a single use or several uses; or\n\n(b) the design and construction of the item is not sufficiently durable to enable the item to be kept and reused on an ongoing basis;\n\neat‑in food means food that is intended to be eaten at the premises at which it is supplied;\n\nexpanded plastic includes expanded polystyrene, expanded polyethylene and expanded polypropylene;\n\nfood container —\n\n(a) means a container (with or without a lid) that is designed to contain food; but\n\n(b) does not include a cup or bowl;\n\nhot drink or soup means a drink or soup at a temperature higher than the ambient temperature;\n\nlid includes a plastic film that is designed to be heat sealed to the rim of a food container, food tray, bowl or cup;\n\nmedical care provider means —\n\n(a) an individual who practises any of the following health professions as defined in the *Health Practitioner Regulation National Law (Western Australia)* section 5 —\n\n(i) Aboriginal and Torres Strait Islander health practice;\n\n(ii) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n(iii) medical;\n\n(iv) medical radiation practice;\n\n(v) midwifery;\n\n(vi) nursing;\n\n(vii) occupational therapy;\n\n(viii) paramedicine;\n\n(ix) physiotherapy;\n\nor\n\n(b) a speech pathologist;\n\nmicrobead means a plastic particle of less than 5 mm at its widest point;\n\nmoulded packaging has the meaning given in regulation 3BB(1)(c);\n\nplastic —\n\n(a) means a material consisting of a polymer, to which additives or other substances may have been added, which can function as a main structural component of final products; and\n\n(b) includes expanded plastic; but\n\n(c) does not include a material consisting of natural polymers that have not been chemically modified;\n\npre‑packaged food or drink product means a pre‑packaged product that is a food or drink product;\n\npre‑packaged food product means a pre‑packaged product that is a food product;\n\npre‑packaged product means a product that —\n\n(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 product is wholly enclosed, whether or not it is also in an outer container or packaging that contains multiple units of the product; and\n\n(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;\n\npre‑packed takeaway food —\n\n(a) means takeaway food that is prepared in advance, and placed in a food container, food tray or bowl, before being put on display for the purposes of being selected by a consumer; but\n\n(b) does not include takeaway food that is prepared, or placed into a food container, food tray or bowl, following an order or request by a consumer;\n\nprescribed drinking straw has the meaning given in regulation 3BA;\n\nprescribed expanded plastic packaging has the meaning given in regulation 3BB;\n\nprescribed microbead product means a product —\n\n(a) that is —\n\n(i) a rinse‑off cleaning product; or\n\n(ii) a rinse‑off personal care product;\n\nand\n\n(b) that contains microbeads;\n\nprescribed plastic bag has the meaning given in regulation 3B;\n\nprescribed plastic item has the meaning given in regulation 3A;\n\n  retailer means a person who sells goods in trade or commerce;\n\nrinse‑off cleaning product —\n\n(a) means a cleaning product that is designed to be rinsed off or removed with water immediately or shortly after application; and\n\n(b) does not include a product designed to be used for compressed air‑blasting or cleaning closed system industrial equipment;\n\nrinse‑off personal care product has the meaning given in regulation 3BC;\n\nsupply includes sell, provide and make available.\n\n[Regulation 3 amended: SL 2021/215 r. 5; SL 2022/64 r. 7, 13 and 19; SL 2023/13 r. 4; SL 2025/163 r. 4.]\n\n##### 3A. Prescribed plastic item\n\n(1) A disposable plastic item is a prescribed plastic item if it is any of the following —\n\n(a) an item of cutlery;\n\n(b) a drink stirrer;\n\n(c) a plate;\n\n(ca) a lid for a plate;\n\n(d) a food container;\n\n[(e) deleted]\n\n(f) a lid for a food container;\n\n(g) a food tray;\n\n(h) a lid for a food tray;\n\n(i) a bowl;\n\n(j) a lid for a bowl;\n\n(k) a cup;\n\n(l) a lid for a cup;\n\n(m) a cotton bud.\n\n(2) A prescribed plastic item includes an item referred to in subregulation (1) that is —\n\n(a) made wholly or partly from biodegradable plastic; or\n\n(b) made wholly or partly from plastic‑laminated paper or plastic‑laminated cardboard.\n\n(2A) On and after 1 September 2023, despite subregulations (1) and (2), a prescribed plastic item does not include a degradable plastic item.\n\nNote for this subregulation:\n\nOn and after 1 September 2023, regulation 17 applies to the supply of an item that is a degradable plastic item.\n\n(3) Despite subregulations (1) and (2), a disposable plastic item that is any of the following is not a prescribed plastic item —\n\n(a) a reusable cooler box made from expanded plastic;\n\n(b) a lid made from expanded plastic for a reusable cooler box;\n\n(c) a food container, food tray, bowl or cup that is made from paperboard and certified as biodegradable;\n\n(d) a lid for a food container, food tray or bowl if the lid is made from paperboard and certified as biodegradable.\n\n(4) For the purposes of subregulation (3)(c) and (d), an item is certified as biodegradable if —\n\n(a) a person or body accredited in a manner approved by the CEO has issued a certificate verifying that the item complies with AS 4736‑2006 or AS 5810‑2010; and\n\n(b) the certificate’s period of validity has not expired.\n\n[Regulation 3A inserted: SL 2021/215 r. 6; amended: SL 2022/64 r. 20; SL 2023/13 r. 5; SL 2025/163 r. 5.]\n\n##### 3B. Prescribed plastic bag\n\n(1) A prescribed plastic bag is —\n\n(a) a bag (a carry bag) with handles that is made wholly or partly from plastic and is designed to convey goods purchased from a retailer; or\n\n(b) a bag (a barrier bag) without handles that is made wholly or partly from plastic and is used to carry unpackaged —\n\n(i) fresh fruit or vegetables; or\n\n(ii) meat, poultry or seafood; or\n\n(iii) dairy products; or\n\n(iv) nuts; or\n\n(v) confectionery.\n\n(2) A prescribed plastic bag includes a bag referred to in subregulation (1) that is —\n\n(a) made wholly or partly from biodegradable plastic; or\n\n(b) made wholly or partly from plastic‑laminated paper or plastic‑laminated cardboard.\n\n(2A) On and after 1 September 2023, despite subregulations (1) and (2), a prescribed plastic bag does not include a degradable plastic item.\n\nNote for this subregulation:\n\nOn and after 1 September 2023, regulation 17 applies to the supply of a bag that is a degradable plastic item.\n\n(3) Despite subregulations (1) and (2), prescribed plastic bag does not include —\n\n(a) a barrier bag that is certified as biodegradable; or\n\n(b) an unsealed bag that is the packaging in which perishable food is offered for sale; or\n\n(c) a bag that is, or is an integral part of, the packaging in which goods are sealed for sale; or\n\n(d) a carry bag or barrier bag that is made from 1 or more of the following fabrics (whether or not mixed with a fabric that is not made from plastic) —\n\n(i) woven polypropylene (whether or not it is insulated for the purpose of keeping items cold);\n\n(ii) nylon;\n\n(iii) polyester;\n\nor\n\n(e) a carry bag that is made from non‑woven polypropylene (whether or not mixed with a fabric that is not made from plastic) if —\n\n(i) the bag has sewn, rather than heat‑welded, seams; and\n\n(ii) the fabric has a minimum weight of 90 grams per square metre measured as a single layer of fabric.\n\n(4) For the purposes of subregulation (3)(a), a barrier bag is certified as biodegradable if —\n\n(a) a person or body accredited in a manner approved by the CEO has issued a certificate verifying that the barrier bag complies with —\n\n(i) AS 4736‑2006 or AS 5810‑2010; and\n\n(ii) the requirements relating to labelling, handles, pigmentation, opacity and bag opening circumference specified in the *Biodegradable barrier bag standard* published by the CEO on the Department’s website in September 2025, as in effect from time to time;\n\nand\n\n(b) the certificate’s period of validity has not expired.\n\n[Regulation 3B inserted: SL 2022/64 r. 14; amended: SL 2023/13 r. 6; SL 2025/163 r. 6.]\n\n##### 3BA. Prescribed drinking straw\n\n(1) A prescribed drinking straw is a drinking straw that is a disposable plastic item.\n\n(2) A prescribed drinking straw includes a straw referred to in subregulation (1) that is —\n\n(a) made wholly or partly from biodegradable plastic; or\n\n(b) made wholly or partly from plastic‑laminated paper or plastic‑laminated cardboard.\n\n(3) On and after 1 September 2023, a prescribed drinking straw does not include a drinking straw that is a degradable plastic item.\n\nNote for this subregulation:\n\nOn and after 1 September 2023, regulation 17 applies to the supply of a drinking straw that is a degradable plastic item.\n\n[Regulation 3BA inserted: SL 2023/13 r. 7.]\n\n##### 3BB. Prescribed expanded plastic packaging\n\n(1) Prescribed expanded plastic packaging means any of the following made wholly or partly from expanded plastic —\n\n(a) loose‑fill or void‑fill packaging;\n\n(b) packaging for a pre‑packaged food or drink product other than a non‑perishable pre‑packaged food product;\n\n(c) packaging (moulded packaging) that is moulded to protect a specific item.\n\n(2) Prescribed expanded plastic packaging includes packaging referred to in subregulation (1) that is made wholly or partly from expanded plastic that is biodegradable plastic.\n\n(3) Despite subregulations (1) and (2), prescribed expanded plastic packaging does not include the following —\n\n(a) packaging that is a degradable plastic item;\n\n(b) a reusable cooler box;\n\n(c) a lid for a reusable cooler box;\n\n(d) packaging that is used to protect an item that is designed to be used for the purposes of construction work, as defined in the *Building and Construction Industry (Security of Payment) Act 2021* section 6.\n\nNote for subregulation (3)(a):\n\nOn and after 1 September 2023, regulation 17 applies to the supply of expanded plastic packaging that is a degradable plastic item.\n\n[Regulation 3BB inserted: SL 2023/13 r. 7; amended: SL 2025/163 r. 7.]\n\n##### 3BC. Rinse‑off personal care product\n\nA rinse‑off personal care product means —\n\n(a) a personal care product that is designed to be rinsed off or removed with water immediately or shortly after application; or\n\n(b) a hair colour or dye; or\n\n(c) a hairspray.\n\nNote for this regulation:\n\n1. The following are examples of products that are designed to be rinsed off or removed with water immediately or shortly after application —\n\n(a) shampoo;\n\n(b) conditioner;\n\n(c) shaving cream;\n\n(d) mouthwash;\n\n(e) toothpaste;\n\n(f) a face, body, hand or foot wash product, including an exfoliant;\n\n(g) a face, hand or foot mask product.\n\n2. The following are examples of products that are not designed to be rinsed off or removed with water immediately or shortly after application —\n\n(a) deodorant;\n\n(b) make‑up;\n\n(c) moisturiser.\n\n[Regulation 3BC inserted: SL 2023/13 r. 7; amended: SL 2025/163 r. 8.]\n\n##### 3C. Conducting business or undertaking\n\nWithout limitation, a person conducts a business or undertaking —\n\n(a) whether the person conducts the business or undertaking alone or with others; and\n\n(b) whether or not the business or undertaking is conducted for profit or gain.\n\n[Regulation 3C inserted: SL 2022/64 r. 14.]\n\n##### 3D. Regulations apply to supplies that occur in the State\n\nThese regulations apply to the supply of a prescribed plastic bag, prescribed plastic item, prescribed drinking straw, degradable plastic item, prescribed microbead product or prescribed expanded plastic packaging —\n\n(a) if the person supplied is in the State; and\n\n(b) whether or not the supplier is in the State; and\n\n(c) whether or not a contract relating to the supply is entered into in the State.\n\n[Regulation 3D inserted: SL 2022/64 r. 14; amended: SL 2023/13 r. 8; SL 2025/163 r. 9.]\n\n## Part 2 — Offences relating to plastic bags\n\n##### 4. Offence to supply prescribed plastic bag\n\nA retailer must not supply a prescribed plastic bag to a person for the person to carry goods sold by the retailer.\n\nPenalty: a fine of $5 000.\n\n##### 4A. Offence in r. 4 does not apply to certain prescribed plastic bags before 1 March 2024\n\nRegulation 4 does not apply to the supply of a prescribed plastic bag that is a barrier bag as defined in regulation 3B(1)(b) unless the supply occurs on or after 1 March 2024.\n\n[Regulation 4A inserted: SL 2023/13 r. 9.]\n\n##### 4B. Offence in r. 4 does not apply to meat and dairy barrier bags before 1 October 2026\n\n(1) In this regulation —\n\nmeat and dairy barrier bag means a bag without handles that is made wholly or partly from plastic and is used to carry —\n\n(a) meat, poultry or seafood; or\n\n(b) dairy products.\n\n(2) Regulation 4 does not apply to the supply of a meat and dairy barrier bag unless the supply occurs on or after 1 October 2026.\n\n[Regulation 4B inserted: SL 2025/163 r. 10.]\n\n##### 5. Offence to give false or misleading information about a prescribed plastic bag\n\nA person who supplies or manufactures prescribed plastic bags must not give any information that the person knows is false or misleading to another person about —\n\n(a) the composition of a prescribed plastic bag; or\n\n(b) whether or not a plastic bag is a prescribed plastic bag.\n\nPenalty: a fine of $5 000.\n\n[**6.** Deleted: SL 2023/13 r. 10.]\n\n## Part 3 — Offences relating to plastic items\n\n[Heading inserted: SL 2022/64 r. 15.]\n\n### Division 1 — Prescribed plastic items\n\n[Heading inserted: SL 2022/64 r. 15.]\n\n##### 7. Offence to supply prescribed plastic item\n\n(1) A person must not, in the course of conducting a business or undertaking, supply a prescribed plastic item.\n\nPenalty for this subregulation: a fine of $5 000.\n\n(2) Subregulation (1) does not apply to the supply of a prescribed plastic item if the item forms part of, is attached to, or is inside the sealed packaging of, a pre‑packaged food or drink product.\n\nExamples for this subregulation:\n\n1. A spoon attached to, or sealed inside, a pre‑packaged yoghurt container.\n\n2. A fork attached to, or sealed inside, a pre‑packaged instant noodles packet.\n\n3. A bowl or cup that forms part of a pre‑packaged instant noodles packet.\n\n4. A plate sealed inside a pre‑packaged frozen meal.\n\n(2A) Subregulation (1) does not apply to the supply of a prescribed plastic item that is a food container, food tray or bowl if, when the food container, food tray or bowl is supplied, it —\n\n(a) contains food that is not eat‑in food or takeaway food; and\n\n(b) has a lid on it (whether the lid is an integrated part of the food container, food tray or bowl or is detachable).\n\n(2B) Subregulation (1) does not apply to the supply of a prescribed plastic item that is a lid for a food container, lid for a food tray or lid for a bowl if, when it is supplied —\n\n(a) the lid is attached to a food container, food tray or bowl that contains food that is not eat‑in food or takeaway food; or\n\n(b) the lid is attached to a food container, food tray or bowl that —\n\n(i) is not a prescribed plastic item; and\n\n(ii) contains pre‑packed takeaway food.\n\n(2C) Subregulation (1) does not apply to the supply of a prescribed plastic item that is a catering platter, or a lid attached to a catering platter, if the catering platter —\n\n(a) contains food when it is supplied; and\n\n(b) is supplied in the course of conducting a business that provides catering services for functions or events.\n\n(2D) The exceptions in subregulations (2A) to (2C) do not apply in relation to a prescribed plastic item that is made from expanded plastic.\n\n(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.\n\n(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 —\n\n(a) use the item to prepare a pre‑packaged food or drink product; or\n\n(b) in the case of a prescribed plastic item that is a food container, a food tray or a bowl — supply the item as permitted under subregulation (2A); or\n\n(c) in the case of a prescribed plastic item that is a lid for a food container, a lid for a food tray or a lid for a bowl — supply the item as permitted under subregulation (2B); or\n\n(d) in the case of a prescribed plastic item that is a catering platter or a lid for a catering platter — supply the item as permitted under subregulation (2C); or\n\n(e) use the item in connection with the service or consumption of food or drink on an aircraft.\n\n[(5) deleted]\n\n[Regulation 7 inserted: SL 2022/64 r. 15; amended: SL 2022/64 r. 21; SL 2023/13 r. 11.]\n\n##### 7A. Offence in r. 7(1) does not apply to certain supplies before 1 September 2023\n\n(1) Regulation 7(1) does not apply to the supply before 1 September 2023 of a prescribed plastic item of any of the following kinds —\n\n(a) a cotton bud;\n\n(b) a cup made from expanded plastic;\n\n(c) a food tray made from expanded plastic that is used solely as packaging for raw meat or seafood.\n\n(2) Regulation 7(1) does not apply to the wholesale supply before 1 September 2023 of a prescribed plastic item that is a food tray made from expanded plastic 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 as packaging for raw meat or seafood.\n\n[Regulation 7A inserted: SL 2023/13 r. 12.]\n\n##### 7B. Offence in r. 7(1) does not apply to certain supplies before 1 March 2024\n\n(1) Regulation 7(1) does not apply to the supply before 1 March 2024 of a prescribed plastic item of any of the following kinds —\n\n(a) a food tray (made from plastic that is not expanded plastic) without a lid on it;\n\n(b) a cup that contains a hot drink or soup when it is supplied;\n\n(c) a lid for a cup.\n\n(2) Regulation 7(1) does not apply to the wholesale supply before 1 March 2024 of a prescribed plastic item that is a cup of a kind that is suitable to be used to contain a hot drink or soup.\n\n[Regulation 7B inserted: SL 2023/13 r. 12.]\n\n##### 7C. Offence in r. 7(1) does not apply to certain supplies before 1 September 2024\n\n(1) Regulation 7(1) does not apply to the supply before 1 September 2024 of a prescribed plastic item of any of the following kinds —\n\n(a) a food container (made from plastic that is not expanded plastic) with a lid on it, whether the lid is an integrated part of the food container or is detachable;\n\n(b) a lid (made from plastic that is not expanded plastic) for a food container;\n\n(c) a food tray (made from plastic that is not expanded plastic) with a lid on it, whether the lid is an integrated part of the food tray or is detachable;\n\n(d) a lid for a food tray;\n\n(e) a bowl with a lid on it, whether the lid is an integrated part of the bowl or is detachable;\n\n(f) a lid for a bowl.\n\n(2) Regulation 7(1) does not apply to the wholesale supply before 1 September 2024 of a prescribed plastic item that is a food container (made from plastic that is not expanded plastic) without a lid on it, a food tray (made from plastic that is not expanded plastic) without a lid on it or a bowl without a lid on it 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 with a lid on it.\n\n[Regulation 7C inserted: SL 2023/13 r. 12.]\n\n### Division 2 — Prescribed drinking straws\n\n[Heading inserted: SL 2022/64 r. 15.]\n\n##### 8. Offence to supply prescribed drinking straw\n\n(1) A person must not, in the course of conducting a business or undertaking, supply a prescribed drinking straw.\n\nPenalty for this subregulation: a fine of $5 000.\n\n(2) Subregulation (1) does not apply if the supply is permitted under regulation 9, 10, 11, 12, 13, 14 or 15.\n\n[Regulation 8 inserted: SL 2022/64 r. 15.]\n\n##### 9. Permitted supply: straw supplied as part of pre‑packaged food or drink product\n\nA person may supply a prescribed drinking straw if the straw forms part of, is attached to, or is inside the sealed packaging of, a pre‑packaged food or drink product.\n\nExample for this regulation:\n\nA drinking straw attached to a juice box.\n\n[Regulation 9 inserted: SL 2022/64 r. 15.]\n\n##### 10. Permitted supply: straw supplied by medical care provider\n\nA 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.\n\n[Regulation 10 inserted: SL 2022/64 r. 15.]\n\n##### 11. Permitted supply: straw supplied on aircraft\n\nA 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.\n\n[Regulation 11 inserted: SL 2022/64 r. 15.]\n\n##### 12. Permitted supply: straw supplied at care facility\n\n(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 —\n\n(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\n\n(b) either —\n\n(i) the person being cared for has requested the straw or pack of straws; or\n\n(ii) the supplier reasonably believes that the straw or pack of straws is required for medical, disability or therapeutic purposes.\n\n(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.\n\n[Regulation 12 inserted: SL 2022/64 r. 15.]\n\n##### 13. Permitted supply: straw supplied on request with food or drink\n\nA 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 —\n\n(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\n\n(b) the straw is supplied —\n\n(i) at the request of a person; and\n\n(ii) for use with food or drink.\n\n[Regulation 13 inserted: SL 2022/64 r. 15.]\n\n##### 14. Permitted supply: pack of straws supplied by authorised business or undertaking\n\n(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 —\n\n(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\n\n(b) the person requests the pack of straws; and\n\n(c) either —\n\n(i) the supplier communicates to the person that prescribed drinking straws can only be supplied for medical, disability or therapeutic purposes; or\n\n(ii) the person states that the pack of straws is required for medical, disability or therapeutic purposes.\n\n(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.\n\n[Regulation 14 inserted: SL 2022/64 r. 15.]\n\n##### 15. Permitted supply: straw supplied on wholesale basis\n\nA 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 —\n\n(a) will use the straw to prepare a pre‑packaged food or drink product; or\n\n(b) is a medical care provider; or\n\n(c) will use the straw in connection with the service or consumption of food or drink on an aircraft; or\n\n(d) conducts, or is involved in conducting, a business or undertaking that is —\n\n(i) a care facility; or\n\n(ii) a business or undertaking (other than a retail business) as part of which food or drink is supplied to persons; or\n\n(iii) an authorised business or undertaking.\n\n[Regulation 15 inserted: SL 2022/64 r. 15.]\n\n### Division 3 — False or misleading information\n\n[Heading inserted: SL 2022/64 r. 15.]\n\n##### 16. Offence to give false or misleading information about prescribed plastic item or prescribed drinking straw\n\nA 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 —\n\n(a) the composition of a prescribed plastic item or prescribed drinking straw; or\n\n(b) whether or not a plastic item is a prescribed plastic item.\n\nPenalty: a fine of $5 000.\n\n[Regulation 16 inserted: SL 2022/64 r. 15.]\n\n## Part 3A — Offences relating to degradable plastic items\n\n[Heading inserted: SL 2023/13 r. 14.]\n\n##### 17. Offence to supply degradable plastic item\n\nA person must not, in the course of conducting a business or undertaking, supply a degradable plastic item.\n\nPenalty: a fine of $5 000.\n\n[Regulation 17 inserted: SL 2023/13 r. 14.]\n\n##### 17A. Offence in r. 17 does not apply to supplies before 1 September 2023\n\nRegulation 17 does not apply to the supply of a degradable plastic item before 1 September 2023.\n\n[Regulation 17A inserted: SL 2023/13 r. 14.]\n\n##### 17B. Offence to give false or misleading information about degradable plastic item\n\nA person who supplies or manufactures degradable plastic items must not give any information that the person knows is false or misleading to another person about the composition of a degradable plastic item.\n\nPenalty: a fine of $5 000.\n\n[Regulation 17B inserted: SL 2023/13 r. 14.]\n\n## Part 3B — Offences relating to prescribed microbead products\n\n[Heading inserted: SL 2023/13 r. 14.]\n\n##### 17C. Offence to supply prescribed microbead product\n\nA person must not, in the course of conducting a business or undertaking, supply a prescribed microbead product.\n\nPenalty: a fine of $5 000.\n\n[Regulation 17C inserted: SL 2023/13 r. 14.]\n\n##### 17D. Offence in r. 17C does not apply to supplies before 1 September 2023\n\nRegulation 17C does not apply to the supply of a prescribed microbead product before 1 September 2023.\n\n[Regulation 17D inserted: SL 2023/13 r. 14.]\n\n##### 17E. Offence to give false or misleading information about prescribed microbead product\n\nA person who supplies or manufactures prescribed microbead products must not give any information that the person knows is false or misleading to another person about —\n\n(a) the composition of a prescribed microbead product; or\n\n(b) whether or not a product is a prescribed microbead product.\n\nPenalty: a fine of $5 000.\n\n[Regulation 17E inserted: SL 2023/13 r. 14.]\n\n## Part 3C — Offences relating to prescribed expanded plastic packaging\n\n[Heading inserted: SL 2023/13 r. 14.]\n\n##### 17EA. Terms used\n\nIn this Part —\n\ninstall, in relation to an item, means —\n\n(a) assemble the item or fix the item in place; or\n\n(b) connect the item to fixed electrical wiring, plumbing or gas pipes or associated equipment;\n\nprotective packaging means prescribed expanded plastic packaging used to protect an item, or part of an item, that is designed to be installed by a qualified installer before use;\n\nqualified installer, in relation to an item, means a person who is the holder of a licence, permit or other authority issued under a written law authorising the holder to carry out work involving the installation of the item.\n\n[Regulation 17EA inserted: SL 2025/163 r. 11.]\n\n##### 17EB. Authorised manner of disposal\n\nFor the purposes of this Part, the authorised manner of disposal of prescribed expanded plastic packaging is —\n\n(a) disposal that complies with the requirements of an extended producer responsibility scheme that is implemented and operating under —\n\n(i) the *Waste Avoidance and Resource Recovery Act 2007*; or\n\n(ii) a law of the Commonwealth;\n\nor\n\n(b) disposal at premises that are —\n\n(i) of a kind specified in the *Environmental Protection Regulations 1987* Schedule 1 Part 2 as category 89 premises; and\n\n(ii) registered under regulation 5B of those regulations;\n\nor\n\n(c) disposal at prescribed premises in respect of which a licence is in force authorising the packaging to be accepted at the premises for recycling or disposal.\n\n[Regulation 17EB inserted: SL 2025/163 r. 11.]\n\n##### 17F. Offence to supply prescribed expanded plastic packaging\n\n(1) A person must not, in the course of conducting a business or undertaking, supply prescribed expanded plastic packaging.\n\nPenalty for this subregulation: a fine of $5 000.\n\n(2) Subregulation (1) does not apply to the supply of prescribed expanded plastic packaging if —\n\n(a) the packaging is used to protect an item that is designed to be used for medical or scientific purposes; or\n\n(b) in the case of moulded packaging — the packaging is used to protect an item that —\n\n(i) weighs 45 kg or more; or\n\n(ii) has been identified by the manufacturer as being fragile and requiring protective packaging that complies with a standard specified by the manufacturer.\n\n(3) Subregulation (1) does not apply to the wholesale supply of prescribed expanded plastic packaging if the wholesale supplier believes on reasonable grounds that the person to whom the packaging is supplied by the wholesale supplier, or another person to whom the packaging is subsequently to be supplied, will —\n\n(a) use the packaging to protect an item that is designed to be used for medical or scientific purposes; or\n\n(b) in the case of moulded packaging — use the packaging to protect an item that —\n\n(i) weighs 45 kg or more; or\n\n(ii) has been identified by the manufacturer as being fragile and requiring protective packaging that complies with a standard specified by the manufacturer.\n\n(4) Subregulation (1) does not apply to the supply of protective packaging if the supplier believes on reasonable grounds that the person to whom the packaging is supplied —\n\n(a) is a qualified installer; and\n\n(b) will, after completing the installation of the item, or part of the item, that the packaging is used to protect —\n\n(i) remove the packaging from the premises in or on which the item was installed; and\n\n(ii) dispose of the packaging in the authorised manner.\n\n[Regulation 17F inserted: SL 2023/13 r. 14; amended: SL 2025/163 r. 12.]\n\n##### 17FA. Offence to dispose of protective packaging\n\nA qualified installer to whom protective packaging is supplied must not dispose of the packaging other than in the authorised manner.\n\nPenalty: a fine of $5 000.\n\n[Regulation 17FA inserted: SL 2025/163 r. 13.]\n\n##### 17G. Offence in r. 17F(1) does not apply to certain supplies before 1 September 2023\n\nRegulation 17F(1) does not apply to the supply before 1 September 2023 of prescribed expanded plastic packaging that is —\n\n(a) loose‑fill or void‑fill packaging; or\n\n(b) packaging for a pre‑packaged food or drink product.\n\n[Regulation 17G inserted: SL 2023/13 r. 14.]\n\n##### 17H. Offence in r. 17F(1) does not apply to certain supplies before 1 July 2025\n\nRegulation 17F(1) does not apply to the supply before 1 July 2025 of prescribed expanded plastic packaging that is moulded packaging.\n\n[Regulation 17H inserted: SL 2023/13 r. 14.]\n\n##### 17I. Offence to give false or misleading information about prescribed expanded plastic packaging\n\nA person who supplies or manufactures prescribed expanded plastic packaging must not give any information that the person knows is false or misleading to another person about —\n\n(a) the composition of the prescribed expanded plastic packaging; or\n\n(b) whether or not packaging is prescribed expanded plastic packaging.\n\nPenalty: a fine of $5 000.\n\n[Regulation 17I inserted: SL 2023/13 r. 14.]\n\n## Part 4 — Offences relating to the release of balloons\n\n[Heading inserted: SL 2022/64 r. 15.]\n\n##### 18. Offences relating to release of balloons\n\n(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.\n\nPenalty for this subregulation: a fine of $5 000.\n\n(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 in the air.\n\nPenalty for this subregulation: a fine of $5 000.\n\n(3) It is a defence to a charge under subregulation (2) to prove that the adult took steps that were reasonable in the circumstances to ensure that the child did not release the balloon.\n\n(4) Subregulations (1) and (2) do not apply if the balloon is —\n\n(a) released for scientific (including meteorological) purposes; or\n\n(b) released inside a building or structure and does not make its way into the open air; or\n\n(c) a hot air balloon that is designed to —\n\n(i) carry persons; or\n\n(ii) be recovered after landing.\n\n[Regulation 18 inserted: SL 2022/64 r. 15.]\n\n## Part 4A — Offence relating to prescribed plastic film signage\n\n[Heading inserted: SL 2024/86 r. 4.]\n\n##### 18A. Offence to use prescribed plastic film signage outdoors for promotional or advertising purposes\n\n(1) In this regulation —\n\nprescribed plastic film signage means a disposable plastic item that is —\n\n(a) a banner, placard, sign, bunting or similar thing; and\n\n(b) made wholly or partly from soft plastic;\n\nsoft plastic —\n\n(a) means plastic that is not rigid; but\n\n(b) does not include the following —\n\n(i) nylon;\n\n(ii) polyester fabric;\n\n(iii) woven mesh;\n\n(iv) plasticised canvas.\n\n(2) A person must not use, or authorise another person to use, prescribed plastic film signage outdoors for promotional or advertising purposes.\n\nPenalty for this subregulation: a fine of $5 000.\n\n[Regulation 18A inserted: SL 2024/86 r. 4.]\n\n## Part 5 — Exemptions\n\n[Heading inserted: SL 2022/64 r. 10.]\n\n##### 19. Term used: Department’s website\n\nIn this Part —\n\nDepartment’s website means a website maintained by or on behalf of the Department.\n\n[Regulation 19 inserted: SL 2022/64 r. 10; amended: SL 2023/13 r. 15.]\n\n##### 20. CEO may grant exemption\n\n(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 regulation 7(1) in relation to —\n\n(a) all supplies of prescribed plastic items; or\n\n(b) supplies of prescribed plastic items of specified kinds, or in specified circumstances, or both.\n\n(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 regulation 8(1) in relation to —\n\n(a) all supplies of prescribed drinking straws; or\n\n(b) supplies of prescribed drinking straws of specified kinds, or in specified circumstances, or both.\n\n(2A) 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 regulation 17 in relation to —\n\n(a) all supplies of degradable plastic items; or\n\n(b) supplies of degradable plastic items of specified kinds, or in specified circumstances, or both.\n\n(2B) 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 regulation 17C in relation to —\n\n(a) all supplies of prescribed microbead products; or\n\n(b) supplies of prescribed microbead products of specified kinds, or in specified circumstances, or both.\n\n(2C) 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 regulation 17F(1) in relation to —\n\n(a) all supplies of prescribed expanded plastic packaging; or\n\n(b) supplies of prescribed expanded plastic packaging of specified kinds, or in specified circumstances, or both.\n\n(3) The CEO may grant an exemption under subregulation (1), (2), (2A), (2B) or (2C) subject to conditions specified in the notice.\n\n(4) If the CEO grants an exemption under subregulation (1), (2), (2A), (2B) or (2C) the CEO must specify in the notice the period for which the exemption applies.\n\n(5) The CEO may, by notice published on the Department’s website, revoke or vary an exemption granted under subregulation (1), (2), (2A), (2B) or (2C).\n\n(6) A period specified in a notice under subregulation (4) must not begin before —\n\n(a) if the notice relates to an exemption under subregulation (1) or (2) — 1 July 2022; or\n\n(b) if the notice relates to an exemption under subregulation (2A), (2B) or (2C) — 1 September 2023.\n\n[Regulation 20 inserted: SL 2022/64 r. 10; amended: SL 2023/13 r. 16.]\n\n##### 21. Application for exemption\n\n(1) An exemption under regulation 20(1), (2), (2A), (2B) or (2C) may be granted on application or on the CEO’s own initiative.\n\n(2) Before determining an application for an exemption under regulation 20(1), (2), (2A), (2B) or (2C), the CEO may require the applicant to provide any further information the CEO requires in any particular case.\n\n[Regulation 21 inserted: SL 2022/64 r. 10; amended: SL 2023/13 r. 17.]\n\n##### 22. Effect of exemption\n\n(1) Regulation 7(1) does not apply to —\n\n(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\n\n(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 —\n\n(i) the person to whom the item is supplied by the wholesale supplier;\n\n(ii) another person to whom the item is subsequently to be supplied.\n\n(2) Regulation 8(1) does not apply to —\n\n(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\n\n(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 —\n\n(i) the person to whom the straw is supplied by the wholesale supplier;\n\n(ii) another person to whom the straw is subsequently to be supplied.\n\n(3) Regulation 17 does not apply to —\n\n(a) the supply of a degradable plastic item by a person if an exemption under regulation 20(2A) applies to the person in relation to the supply; or\n\n(b) the wholesale supply of a degradable plastic item if the wholesale supplier believes on reasonable grounds that an exemption under regulation 20(2A) applies to any of the following persons in relation to the supply of degradable plastic items of that kind —\n\n(i) the person to whom the item is supplied by the wholesale supplier;\n\n(ii) another person to whom the item is subsequently to be supplied.\n\n(4) Regulation 17C does not apply to —\n\n(a) the supply of a prescribed microbead product by a person if an exemption under regulation 20(2B) applies to the person in relation to the supply; or\n\n(b) the wholesale supply of a prescribed microbead product if the wholesale supplier believes on reasonable grounds that an exemption under regulation 20(2B) applies to any of the following persons in relation to the supply of prescribed microbead products of that kind —\n\n(i) the person to whom the item is supplied by the wholesale supplier;\n\n(ii) another person to whom the item is subsequently to be supplied.\n\n(5) Regulation 17F(1) does not apply to —\n\n(a) the supply of prescribed expanded plastic packaging by a person if an exemption under regulation 20(2C) applies to the person in relation to the supply; or\n\n(b) the wholesale supply of prescribed expanded plastic packaging if the wholesale supplier believes on reasonable grounds that an exemption under regulation 20(2C) applies to any of the following persons in relation to the supply of prescribed expanded plastic packaging of that kind —\n\n(i) the person to whom the item is supplied by the wholesale supplier;\n\n(ii) another person to whom the item is subsequently to be supplied.\n\n[Regulation 22 inserted: SL 2022/64 r. 10; amended: SL 2023/13 r. 18.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Environmental Protection (Prohibited Plastics and Balloons) Regulations 2018* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Environmental Protection (Plastic Bags) Regulations 2018* 1 | 12 Jun 2018 p. 1890‑1 | r. 1 and 2: 12 Jun 2018 (see r. 2(a));   Regulations (other than r. 1, 2, 4 and 7(2)): 1 Jul 2018 (see r. 2(c));   r. 4 and 7(2): 1 Jan 2019 (see r. 2(b)) |\n| *Environmental Protection Regulations Amendment (Prohibited Plastics and Balloons) Regulations 2021* Pt. 2 Div. 1 2 | SL 2021/215 17 Dec 2021 | 1 Jan 2022 (see r. 2(b)); |\n| *Environmental Protection Regulations Amendment (Prohibited Plastics and Balloons) Regulations 2022* Pt. 2, Pt. 3 Div. 1 and Pt. 4 | SL 2022/64 3 Jun 2022 | Pt. 2: 4 Jun 2022 (see r. 2(d));   Pt. 3 Div. 1: 1 Jul 2022 (see r. 2(b));   Pt. 4: 1 Oct 2022 (see r. 2(c)) |\n| *Environmental Protection Regulations Amendment (Prohibited Plastics and Balloons) Regulations 2023* Pt. 2 | SL 2023/13 24 Feb 2023 | 1 Mar 2023 (see r. 2(b)) |\n| *Environmental Protection Regulations Amendment (Prohibited Plastics and Balloons) Regulations 2024* Pt. 2 | SL 2024/86 29 May 2024 | 1 Jun 2024 (see r. 2(b)) |\n| *Environmental Protection (Prohibited Plastics and Balloons) Amendment Regulations 2025* | SL 2025/163 17 Sep 2025 | r. 1 and 2: 17 Sep 2025 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Oct 2025 (see r. 2(b)) |\n\n\nOther notes\n\n1 Now known as the *Environmental Protection (Prohibited Plastics and Balloons) Regulations 2018*; citation changed (see note under r. 1).\n\n2 The *Environmental Protection Regulations Amendment (Prohibited Plastics and Balloons) Regulations 2021* Pt. 3 Div. 1 and Pt. 4 (SL 2021/215) were deleted before those provisions could come into operation (see the *Environmental Protection Regulations Amendment (Prohibited Plastics and Balloons) Regulations 2022* r. 5 (SL 2022/64)).\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nadult 3\n\nAS 4736-2006 3\n\nAS 5810-2010 3\n\nauthorised business or undertaking 3\n\nbarrier bag 3B(1)\n\nbiodegradable plastic 3\n\nbowl 3\n\ncare facility 3\n\ncarry bag 3B(1)\n\ncatering platter 3\n\ncertified as biodegradable 3A(4), 3B(4)\n\ncommunity health service 3\n\nconduct a business or undertaking 3\n\nconducts a business or undertaking 3C\n\ncotton bud 3\n\ncutlery 3\n\ndegradable plastic 3\n\ndegradable plastic item 3\n\nDepartment’s website 19\n\ndisposable plastic item 3\n\neat-in food 3\n\nexpanded plastic 3\n\nfood container 3\n\nhot drink or soup 3\n\ninstall 17EA\n\nlid 3\n\nmeat and dairy barrier bag 4B(1)\n\nmedical care provider 3\n\nmicrobead 3\n\nmoulded packaging 3, 3BB(1)\n\nplastic 3\n\npre-packaged food or drink product 3\n\npre-packaged food product 3\n\npre-packaged product 3\n\npre-packed takeaway food 3\n\nprescribed drinking straw 3, 3BA(1), (2) and (3)\n\nprescribed expanded plastic packaging 3, 3BB(3)\n\nPrescribed expanded plastic packaging 3BB(1) and (2)\n\nprescribed microbead product 3\n\nprescribed plastic bag 3, 3B(1), (2A) and (3)\n\nprescribed plastic film signage 18A(1)\n\nprescribed plastic item 3, 3A(1), (2), (2A) and (3)\n\nprotective packaging 17EA\n\nqualified installer 17EA\n\nretailer 3\n\nrinse-off cleaning product 3\n\nrinse-off personal care product 3, 3BC\n\nsoft plastic 18A(1)\n\nsupplier 12(1), 14(1)\n\nsupply 3\n\nwholesale supplier 15\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The instrument has expanded materially beyond an original single focus on retail plastic bags. The current regulations cover a broad set of single‑use plastics (cutlery, plates, cups, lids, containers), drinking straws (with detailed exceptions), degradable plastics, microbead products, various forms of expanded (foamed) packaging, outdoor soft‑plastic promotional signage, and the release of gas‑inflated balloons. They also introduce an administrative exemption regime (CEO power to grant time‑limited, conditional exemptions), extend application to supplies that occur in the State regardless of supplier location (reg 3D), and add staged commencements and technical disposal requirements (regs 17EB, 17FA). These additions represent a significant widening of scope from a narrow \"plastic bags\" regulation to a comprehensive single‑use plastics and related products regime."},"complexity_factors":["About 45 defined terms in the interpretation and definition sections (regs 3, 3A, 3B, 3BA, 3BB, 17EA).","Multiple Parts and Divisions covering different item classes (Parts 2–5, Parts 3A–3C, Part 4A) with overlapping coverage.","Many staged commencement and transitional exemption provisions (regs 4A, 4B, 7A, 7B, 7C, 17A, 17D, 17G, 17H) creating time‑dependent rules.","Numerous conditional exceptions to offences (medical uses, aircraft, pre‑packaged items, care facilities, wholesale supply with 'reasonable grounds') that are fact‑sensitive (regs 7(2)–(4), 9–15, 17F(2)–(4)).","CEO discretion to grant, vary or revoke exemptions across multiple prohibition types, with publication and condition requirements (reg 20 and regs 21–22).","Cross‑references to external instruments and other Acts (AS 4736‑2006, AS 5810‑2010, Waste Avoidance and Resource Recovery Act 2007, various Commonwealth rules and WA Acts) requiring technical compliance and coordination (regs 3, 3A(4), 3B(4), 17EB).","Multiple offences carry the same monetary penalty but apply to different actors (retailers, wholesalers, manufacturers, installers), producing layered liability (regs 4, 5, 7, 8, 16, 17, 17B, 17E, 17I, 17FA, 18, 18A).","Several definitions hinge on technical distinctions (e.g. 'biodegradable' vs 'degradable' vs 'disposable' vs 'expanded plastic'), increasing interpretive complexity (regs 3, 3A(2A), 3B(2A), 3BB(3))."],"plain_english_summary":"**What these regulations do, in plain English**\n\n- These regulations ban the supply of a range of single‑use plastic items and control several related activities in Western Australia. The bans operate by making it an offence to supply particular items (with a standard fine of $5,000 for contravention). Key prohibitions include:\n  - Carry and barrier plastic bags (regulation 4 and definition at reg 3B);\n  - A list of disposable plastic items such as single‑use cutlery, plates, cups, bowls, lids, food containers and cotton buds (regulation 7 and reg 3A);\n  - Single‑use plastic drinking straws, subject to many specified exceptions (regs 8–15 and reg 3BA);\n  - Degradable plastic items (regulation 17 and definition at reg 3);\n  - Products containing microbeads used in rinse‑off personal care or cleaning products (regs 17C–17E and reg 3);\n  - Expanded (foamed) plastic packaging in many forms, with some exemptions and staged timing (regs 17F–17I and reg 3BB);\n  - Release of helium (or similar gas)‑filled balloons that rise into the air (reg 18);\n  - Outdoor promotional signage made from soft plastic film (reg 18A).\n\n- The regulations contain numerous permitted supplies and carve‑outs: medical uses, aircraft service, pre‑packaged products, care facilities, wholesale supplies where the wholesale supplier reasonably believes the buyer will use the item for an allowable purpose, catering supplies, and staged transitional periods for certain item classes (see regs 9–15, regs 7(2)–(5), regs 7A–7C, 4A, 4B, 17G, 17H).\n\n- The CEO of the Department may grant exemptions (reg 20). Exemptions are published on the Department’s website, may be conditional, and can apply to persons or classes of persons and to particular supplies (reg 20(1)–(6); regs 21–22 describe application and effect).\n\n- The rules apply to supplies that occur in the State even if the supplier is outside the State or the contract is formed elsewhere (reg 3D).\n\n\nWhy this matters (stated purpose, and how it operates mechanically)\n\n- The stated purpose in associated materials is to reduce plastic pollution by removing commonly littered single‑use plastics from circulation. Mechanically, the regulations achieve that by:\n  - Defining a set of banned items (Part 1 definitions: regs 3, 3A, 3B, 3BA, 3BB);\n  - Making supply of those items in the course of a business an offence with a monetary penalty (Parts 2–4 and Parts 3A–3C);\n  - Prescribing narrow permitted supplies and time‑limited transitional exemptions for some item types so businesses have time to adapt (see regs 7A–7C, 4A, 4B, 17G, 17H);\n  - Allowing the CEO to grant targeted exemptions (reg 20) and requiring that exemptions be published and time‑limited (reg 20(3)–(5)).\n\n\nWho this affects, who pays, and who decides\n\n- Who is affected:\n  - Retailers and other businesses that supply food, drink, packaging or consumer goods (regs 4, 7, 8, 17, 17C, 17F);\n  - Wholesale suppliers who must form and act on \"reasonable grounds\" about a downstream purchaser's intended use if they rely on wholesale exceptions (regs 7(4), 7B(2), 7C(2), 15, 22);\n  - Manufacturers and suppliers who must not knowingly give false or misleading information about item composition or whether an item is a prescribed item (regs 5, 16, 17B, 17E, 17I);\n  - Qualified installers (special duties about disposing of protective expanded packaging — regs 17EA, 17F(4), 17FA).\n\n- Who pays: businesses that continue to supply banned items risk fines (commonly $5,000). Businesses face compliance costs to switch to allowed alternatives, modify packaging and sales practices (for example, stop displaying straws or stop providing single‑use cups). Wholesale suppliers bear a compliance risk when relying on \"reasonable grounds\" exceptions.\n\n- Who decides: the CEO (of the Department) has significant administrative discretion to grant, vary or revoke exemptions and to set conditions and time periods (reg 20). The CEO also approves accreditation bodies for biodegradability certification referenced in regs 3A(4) and 3B(4).\n\n\nImplementation mechanics, incentives and trade‑offs (lightly tested against costs and incentives)\n\n- Compliance incentives: the combination of criminal offences and fines creates a direct financial incentive for retailers, wholesalers and manufacturers to stop supplying banned items or to rely on permitted exceptions. The wholesale‑supply exceptions put the onus on wholesalers to form reasonable beliefs about downstream use (regs 7(4), 15).\n\n- Discretion and administrative burden: the CEO’s exemption power (reg 20) centralises decision‑making for exceptions; this allows tailored relief but concentrates discretion and creates an administrative process (application, additional information may be required — reg 21). Businesses seeking certainty may need to apply for published exemptions.\n\n- Substitution and classification issues: the rules distinguish between biodegradable and degradable plastics and refer to external standards (AS 4736‑2006 and AS 5810‑2010 in reg 3). That distinction matters because \"degradable\" items are captured by a later ban (reg 17) while some biodegradable items are excluded if certified (regs 3A(3)(c), 3B(3)(a), 3A(4)–3B(4)). This creates a compliance question for manufacturers and labellers about which standard and certification they must meet.\n\n- Staged timing and transition costs: the regulations implement staged commencement dates and transitional carve‑outs (regs 7A–7C, 4A, 4B, 17A, 17D, 17G, 17H). That eases immediate disruption but prolongs demand for some banned materials and shifts costs into the transition period.\n\n- Enforcement and clarity risks: many permitted supplies rely on fact‑sensitive conditions (e.g. \"not kept where generally available\", a request or reasonable belief tests). Enforcement will require operational guidance and may produce disputes over the meaning of terms like \"pre‑packaged\", \"protected packaging\", \"qualified installer\" and \"reasonable grounds\" (see regs 3, 17EA, 7(2), 12(1)).\n\n- Targeted exemptions and market effects: the CEO can issue exemptions for classes of suppliers or specific circumstances (reg 20). Where exemptions are granted, benefits are concentrated on the exempted businesses; costs (supply of alternatives, administrative compliance) are distributed across other suppliers and consumers.\n\n\nPractical implications and likely business responses\n\n- Retailers and food service businesses should stop supplying the banned items listed, unless they fit a specified exception (see regs 7 and 8 and the permutations of permitted supplies).\n- Manufacturers should review product composition and labels against the definitions and external standards, and avoid giving any false or misleading information about composition (regs 5, 16, 17B, 17E, 17I).\n- Wholesalers should document reasonable grounds when relying on wholesale exceptions and might adjust supply contracts to shift compliance risk to downstream purchasers (regs 7(4), 15, 22).\n- Businesses that require temporary relief should consider applying for an exemption from the CEO and should expect conditions and published notice requirements (regs 20–22).\n\n\nKey sections to consult for operational detail\n\n- Definitions and scope: regs 3, 3A, 3B, 3BA, 3BB, 3D.\n- Main prohibitions and penalties: reg 4 (bags), reg 7 (items), reg 8 (straws), reg 17 (degradable items), reg 17C (microbeads), reg 17F (expanded packaging), reg 18 (balloons), reg 18A (plastic film signage).\n- Permitted supplies and exceptions (stricter or conditional): regs 7(2)–(4), 9–15, 17F(2)–(4).\n- Exemptions and administrative process: regs 20–22.\n\nThis summary describes how the regulations operate mechanically (definitions, bans, exceptions, CEO exemption power, penalties). It describes likely costs and behavioural incentives (compliance, substitution, administrative burden) and highlights points where the regulations rely on external standards or discretionary decisions that will affect implementation (see regs 3A(4), 3B(4), 20). It does not speculate beyond those mechanisms about broader social aims.\n"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — the legislative text was not available for review. The title suggests a focused, targeted regulation dealing specifically with prohibited plastics and balloon releases, which is consistent with a narrow and defined regulatory scope typical of environmental protection subordinate legislation."},"complexity_factors":["Insufficient source material — the actual legislative text was not retrievable, preventing proper complexity assessment","Regulations of this type typically involve defined lists of prohibited items, which can require cross-referencing schedules","Enforcement and penalty provisions may involve interaction with the broader Environmental Protection Act 1986 (WA)","Possible exemptions or phase-in periods can add moderate complexity for businesses"],"plain_english_summary":"This Western Australian regulation appears to prohibit or restrict certain single‑use plastic items and the intentional release of balloons, affecting retailers, event organisers, hospitality businesses and consumers by limiting sale, supply or use and likely creating enforcement penalties. \n\nNote: this summary is based only on the regulation’s title; the full text, definitions, exemptions and penalties could not be reviewed. Do not rely on it for legal or compliance decisions."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original scope. It began as the 'Environmental Protection (Plastic Bags) Regulations 2018' focused solely on plastic bag bans, but through successive amendments in 2021, 2022, 2023, 2024, and 2025, it has grown to cover: single-use plastic cutlery and containers, drinking straws with complex medical exemptions, degradable plastics, microbeads in cosmetics, expanded polystyrene packaging, balloon releases, and outdoor plastic signage. The original statute was a simple bag ban; it is now a comprehensive single-use plastics and pollution control regime with seven distinct Parts covering different material categories, each with unique exemption frameworks and implementation timelines."},"complexity_factors":["Multiple phased implementation dates across different years (2018, 2019, 2022, 2023, 2024, 2025, 2026) creating a complex temporal matrix","Extensive defined terms section with 47+ defined terms including technical standards (AS 4736-2006, AS 5810-2010)","Nested exceptions and exemptions: primary offences have multiple sub-exceptions, which themselves have exceptions (e.g., regulation 7 has subregulations 2-4 with exceptions, plus separate regulations 7A-7C with time-based exceptions)","Complex product categorisation requiring material composition analysis (biodegradable vs degradable vs expanded plastic vs plastic-laminated paper)","Wholesale supplier 'reasonable belief' provisions creating subjective safe harbours that require understanding downstream supply chains","Cross-references between Parts and regulations (e.g., regulation 3A defining items for regulation 7 offences)","Multiple overlapping regimes for similar items (plastic bags, plastic items, degradable items, expanded packaging each have separate offence structures)","Specific technical requirements for exemptions (certification standards, fabric weights, seam types for non-woven polypropylene)","Geographic scope provisions (regulation 3D) creating extraterritorial application based on location of recipient","Recent amendments (2025) adding new categories (meat and dairy barrier bags, protective packaging disposal rules) indicating legislative creep"],"plain_english_summary":"This is Western Australian legislation that bans or restricts single-use plastics and the release of balloons to reduce environmental pollution.\n\n**What it does:**\nThe regulations create offences for businesses and individuals who supply specific plastic items or release balloons. The rules apply to anyone conducting business in WA, regardless of where the supplier is located.\n\n**Key bans include:**\n\n**Plastic bags (Part 2):**\n- Retailers cannot supply plastic carry bags or barrier bags (thin bags for fresh produce/meat) to customers\n- Special exemptions exist for biodegradable bags certified to Australian Standards\n- Phased implementation: barrier bags for meat/dairy allowed until October 2026\n\n**Single-use plastic items (Part 3):**\n- Bans cutlery, plates, bowls, cups, food containers, cotton buds, and drink stirrers made from disposable plastic\n- Exemptions exist for pre-packaged foods (e.g., yogurt with attached spoon), catering platters, and aircraft service\n- Phased rollout with different items banned at different times between 2023-2024\n\n**Drinking straws (Part 3, Division 2):**\n- Generally banned, but permitted for medical purposes, care facilities, aircraft, or when requested by customers at non-retail food businesses\n- Pharmacies and medical suppliers can sell packs for medical/disability use\n\n**Degradable plastics (Part 3A):**\n- Bans plastics with additives designed to break into fragments (these often become microplastics)\n- Banned from September 2023\n\n**Microbeads (Part 3B):**\n- Bans tiny plastic particles (under 5mm) in rinse-off personal care products like face scrubs and toothpaste\n- Banned from September 2023\n\n**Expanded plastic packaging (Part 3C):**\n- Bans polystyrene/Styrofoam loose-fill packaging, food packaging, and moulded protective packaging\n- Exemptions for medical/scientific equipment and heavy/fragile items\n- Special rules require qualified installers to dispose of protective packaging properly\n\n**Balloons (Part 4):**\n- Bans releasing balloons inflated with gas that makes them rise\n- Adults are liable if children in their care release balloons (unless they took reasonable steps to prevent it)\n- Exceptions for scientific/meteorological purposes, indoor releases, and hot air balloons\n\n**Plastic film signage (Part 4A):**\n- Bans using soft plastic banners, bunting, or signs outdoors for advertising\n\n**Penalties:**\nMost offences carry a $5,000 fine.\n\n**Who it affects:**\n- Retailers, restaurants, cafes, and food businesses\n- Manufacturers and wholesalers of plastic products\n- Medical and disability care providers\n- Event organisers and advertisers\n- The general public (regarding balloons)\n\n**Exemptions:**\nThe CEO of the Department of Water and Environmental Regulation can grant exemptions for specific persons or circumstances, published on the Department's website."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/environmental-protection-prohibited-plastics-and-balloons-regulations-2018","history":"/api/acts/environmental-protection-prohibited-plastics-and-balloons-regulations-2018/history","analysis":"/api/acts/environmental-protection-prohibited-plastics-and-balloons-regulations-2018/analysis","conflicts":"/api/acts/environmental-protection-prohibited-plastics-and-balloons-regulations-2018/conflicts","importantCases":"/api/acts/environmental-protection-prohibited-plastics-and-balloons-regulations-2018/important-cases","documents":"/api/acts/environmental-protection-prohibited-plastics-and-balloons-regulations-2018/documents"}}