3160GOVERNMENT GAZETTE, WA 3 June 2022

3160 GOVERNMENT GAZETTE, WA 3 June 2022 offence of supplying prescribed drinking straws means regulation 8(1), as in force on and after the coming into operation on 1 July 2022 of the Environmental Protection Regulations Amendment (Prohibited Plastics and Balloons) Regulations 2022 Part 3; offence of supplying prescribed plastic items means regulation 7(1), as in force on and after the coming into operation on 1 July 2022 of the Environmental Plastics and Balloons) Regulations 2022 Part 3. 20. CEO may grant exemption (1) If the CEO considers that it is reasonably necessary to do so, the CEO may, by notice published on the Department’s website, exempt a person or class of persons from the offence of supplying prescribed plastic items in relation to — (a) all supplies of prescribed plastic items; or (b) supplies of prescribed plastic items of specified kinds, or in specified circumstances, or both. (2) If the CEO considers that it is reasonably necessary to do so, the CEO may, by notice published on the Department’s website, exempt a person or class of persons from the offence of supplying prescribed drinking straws in relation to — (a) all supplies of prescribed drinking straws; or (b) supplies of prescribed drinking straws of specified kinds, or in specified circumstances, or both. (3) The CEO may grant an exemption under subregulation (1) or (2) subject to conditions specified in the notice. (4) If the CEO grants an exemption under subregulation (1) or (2) the CEO must specify in the notice the period for which the exemption applies. (5) The CEO may, by notice published on the Department’s website, revoke or vary an exemption granted under subregulation (1) or (2). (6) A period specified in a notice under subregulation (4) must not begin before 1 July 2022. 21. Application for exemption (1) An exemption under regulation 20(1) or (2) may be granted on application or on the CEO’s own initiative.

3 June 2022 GOVERNMENT GAZETTE, WA 3161 (2) Before determining an application for an exemption under regulation 20(1) or (2), the CEO may require the applicant to provide any further information the CEO requires in any particular case. 22. Effect of exemption (1) The offence of supplying prescribed plastic items does not apply to — (a) the supply of a prescribed plastic item by a person if an exemption under regulation 20(1) applies to the person in relation to the supply; or (b) the wholesale supply of a prescribed plastic item if the wholesale supplier believes on reasonable grounds that an exemption under regulation 20(1) applies to any of the following persons in relation to the supply of prescribed plastic items of that kind — (i) the person to whom the item is supplied by the wholesale supplier; (ii) another person to whom the item is subsequently to be supplied. (2) The offence of supplying prescribed drinking straws does not apply to — (a) the supply of a prescribed drinking straw by a person if an exemption under regulation 20(2) applies to the person in relation to the supply; or (b) the wholesale supply of a prescribed drinking straw if the wholesale supplier believes on reasonable grounds that an exemption under regulation 20(2) applies to any of the following persons in relation to the supply of prescribed drinking straws of that kind — (i) the person to whom the straw is supplied by the wholesale supplier; (ii) another person to whom the straw is subsequently to be supplied. Part 3 — Amendments commencing on 1 July 2022 Division 1 — Environmental Protection (Prohibited Plastics) Regulations 2018 amended 11. Regulations amended This Division amends the Environmental Protection (Prohibited Plastics) Regulations 2018.