Environmental Protection (Plastic Bags) Regulations 2018 (Western Australia)

Mechanically, the Environmental Protection (Prohibited Plastics and Balloons) Regulations 2018 prohibit the supply of specified single‑use plastic items, certain plastic packaging and gas‑filled balloons inside Western Australia, subject to a set of definitions, exclusions, transitional periods and exemptions. The central prohibitions are framed as criminal offences carrying a maximum fine of $5 000, and apply to suppliers and, where specified, manufacturers. The principal offence provisions are: the ban on supplying a prescribed plastic bag (regulation 4); the ban on supplying prescribed plastic items such as cutlery, cups, bowls, plates and cotton buds in the course of a business or undertaking (regulation 7(1)); the ban on supplying prescribed drinking straws (regulation 8(1)); bans on supplying degradable plastic items (regulation 17), prescribed microbead products (regulation 17C), and prescribed expanded plastic packaging (regulation 17F(1)); prohibition on releasing gas‑filled balloons that rise into the air (regulation 18); and a ban on outdoor promotional or advertising use of prescribed plastic film signage (regulation 18A). Each of these offences includes a $5 000 penalty unless otherwise stated (see regs 4, 7(1), 8(1), 17, 17C, 17F(1), 18(1)).

Operational detail is set by definitions in Part 1: a “prescribed plastic item” is defined in r 3A and includes a list of disposable single‑use items (cutlery, drink stirrers, cups, lids, bowls, food containers, trays, cotton buds etc), with specified inclusions and exclusions (for example, paperboard items certified as biodegradable under AS 4736‑2006 or AS 5810‑2010 are excluded, r 3A(3)-(4)). “Prescribed plastic bag” is defined in r 3B and distinguishes carry bags with handles from barrier bags without handles used for unpackaged food (r 3B(1)). “Prescribed expanded plastic packaging” is defined in r 3BB and covers loose‑fill, packaging for pre‑packaged food/drink products and moulded packaging (r 3BB(1)). The regulations apply to supplies that occur in the State even where the supplier is outside the State or contract formation is outside the State (r 3D).

CrestWestern Australia

Environmental Protection Act 1986

Environmental Protection (Prohibited Plastics and Balloons) Regulations 2018

Western Australia

Environmental Protection (Prohibited Plastics and Balloons) Regulations 2018

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used 1

3A. Prescribed plastic item 7

3B. Prescribed plastic bag 9

3BA. Prescribed drinking straw 11

3BB. Prescribed expanded plastic packaging 11

3BC. Rinse‑off personal care product 12

3C. Conducting business or undertaking 13

3D. Regulations apply to supplies that occur in the State 13

Part 2 — Offences relating to plastic bags

Offence to supply prescribed plastic bag 14

4A. Offence in r. 4 does not apply to certain prescribed plastic bags before 1 March 2024 14

4B. Offence in r. 4 does not apply to meat and dairy barrier bags before 1 October 2026 14

Offence to give false or misleading information about a prescribed plastic bag 14

Part 3 — Offences relating to plastic items

Division 1 — Prescribed plastic items

Offence to supply prescribed plastic item 16

7A. Offence in r. 7(1) does not apply to certain supplies before 1 September 2023 18

7B. Offence in r. 7(1) does not apply to certain supplies before 1 March 2024 19

7C. Offence in r. 7(1) does not apply to certain supplies before 1 September 2024 19

Division 2 — Prescribed drinking straws

Offence to supply prescribed drinking straw 20
Permitted supply: straw supplied as part of pre‑packaged food or drink product 20
Permitted supply: straw supplied by medical care provider 21
Permitted supply: straw supplied on aircraft 21
Permitted supply: straw supplied at care facility 21
Permitted supply: straw supplied on request with food or drink 22
Permitted supply: pack of straws supplied by authorised business or undertaking 22
Permitted supply: straw supplied on wholesale basis 23

Division 3 — False or misleading information

Offence to give false or misleading information about prescribed plastic item or prescribed drinking straw 23

Part 3A — Offences relating to degradable plastic items

Offence to supply degradable plastic item 25

17A. Offence in r. 17 does not apply to supplies before 1 September 2023 25

17B. Offence to give false or misleading information about degradable plastic item 25

Part 3B — Offences relating to prescribed microbead products

17C. Offence to supply prescribed microbead product 26

17D. Offence in r. 17C does not apply to supplies before 1 September 2023 26

17E. Offence to give false or misleading information about prescribed microbead product 26

Part 3C — Offences relating to prescribed expanded plastic packaging

17EA. Terms used 27

17EB. Authorised manner of disposal 27

17F. Offence to supply prescribed expanded plastic packaging 28

17FA. Offence to dispose of protective packaging 29

17G. Offence in r. 17F(1) does not apply to certain supplies before 1 September 2023 30

17H. Offence in r. 17F(1) does not apply to certain supplies before 1 July 2025 30

17I. Offence to give false or misleading information about prescribed expanded plastic packaging 30

Part 4 — Offences relating to the release of balloons

Offences relating to release of balloons 31

Part 4A — Offence relating to prescribed plastic film signage

18A. Offence to use prescribed plastic film signage outdoors for promotional or advertising purposes 32

Part 5 — Exemptions

Term used: Department’s website 33
CEO may grant exemption 33
Application for exemption 35
Effect of exemption 35

Notes

Compilation table 38

Other notes 38

Defined terms

Environmental Protection Act 1986

Environmental Protection (Prohibited Plastics and Balloons) Regulations 2018

Part 1 — Preliminary

1. Citation

	These regulations are the *Environmental Protection (Prohibited Plastics and Balloons) Regulations 2018*.

[Regulation 1 amended: SL 2021/215 r. 4; SL 2022/64 r. 12.]

2. Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b) regulations 4 and 7(2) — on 1 January 2019;

3. Terms used

In these regulations —

adult means a person who has reached 18 years of age;

AS 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;

AS 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;

authorised business or undertaking means —

(a) a pharmacy the premises of which are registered under the Pharmacy Act 2010 section 39(1); or

(b) a business that supplies products used for medical or dental care; or

(d) a library or visitor information centre operated by a local government; or

(e) a charitable organisation licensed under the Charitable Collections Act 1946 section 11(3);

biodegradable plastic means plastic that —

(a) is able to be broken down by microorganisms into carbon dioxide, water, biomass and a mineral residue; and

(b) does not contain an additive designed to accelerate fragmentation of the plastic;

bowl includes a container that —

(a) is designed to contain food; and

(b) has a round rim and a flat base; and

(d) holds at least 1 serve of food;

care facility means —

(a) a private hospital as defined in the Private Hospitals and Health Services Act 1927 section 2(1); or

(b) a public hospital as defined in the Health Services Act 2016 section 8(6); or

(c) a facility at which residential care (as defined in the Aged Care Act 1997 (Commonwealth) section 41‑3) is provided; or

(d) a specialist disability accommodation dwelling enrolled under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 (Commonwealth) Part 3; or

(e) a medical or dental clinic; or

(f) a school as defined in the School Education Act 1999 section 4; or

(g) a place at which community health services are provided; or

(h) a facility at which disability support, palliative care, respite care or rehabilitation services are provided;

catering platter means a prescribed plastic item that —

(a) is —

(i) a food tray; or

(ii) a food container that has a lid on it (whether the lid is an integrated part of the food container or is detachable);

and

(b) is designed to be used to contain multiple serves of food for the purposes of catering at a function or event;

community health service means —

(a) any residential medical, paramedical, nursing or palliative service; or

(b) any service relating to, or associated with, the provision of a service referred to in paragraph (a);

conduct a business or undertaking has a meaning affected by regulation 3C;

cotton bud does not include an item designed to be used —

(a) by a medical care provider or veterinarian in the course of conducting their practice as a medical care provider or veterinarian; or

(b) as a swab to collect a specimen for scientific or medical testing;

cutlery —

(a) means utensils used for eating food; and

(b) includes knives, forks, spoons, chopsticks, splayds and sporks;

degradable plastic —

(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

(b) does not include biodegradable plastic;

degradable plastic item means an item or product made wholly or partly from degradable plastic;

disposable plastic item means an item made wholly or partly out of plastic if —

(a) the item is designed to be disposed of after a single use or several uses; or

(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;

eat‑in food means food that is intended to be eaten at the premises at which it is supplied;

expanded plastic includes expanded polystyrene, expanded polyethylene and expanded polypropylene;

food container —

(a) means a container (with or without a lid) that is designed to contain food; but

(b) does not include a cup or bowl;

hot drink or soup means a drink or soup at a temperature higher than the ambient temperature;

lid includes a plastic film that is designed to be heat sealed to the rim of a food container, food tray, bowl or cup;

medical care provider means —

(a) an individual who practises any of the following health professions as defined in the Health Practitioner Regulation National Law (Western Australia) section 5 —

(i) Aboriginal and Torres Strait Islander health practice;

(ii) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);

(iii) medical;

(iv) medical radiation practice;

(v) midwifery;

(vi) nursing;

(vii) occupational therapy;

(viii) paramedicine;

(ix) physiotherapy;

(b) a speech pathologist;

microbead means a plastic particle of less than 5 mm at its widest point;

moulded packaging has the meaning given in regulation 3BB(1)(c);

plastic —

(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

(b) includes expanded plastic; but

pre‑packaged food or drink product means a pre‑packaged product that is a food or drink product;

pre‑packaged food product means a pre‑packaged product that is a food product;

pre‑packaged product means a product that —

(a) arrives at the premises from which it is to be supplied to a consumer in a container or packaging in or by which the product is wholly enclosed, whether or not it is also in an outer container or packaging that contains multiple units of the product; and

(b) is not designed to be removed from its container or packaging, other than any outer container or packaging, before it is supplied to the consumer;

pre‑packed takeaway food —

(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

(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;

prescribed drinking straw has the meaning given in regulation 3BA;

prescribed expanded plastic packaging has the meaning given in regulation 3BB;

prescribed microbead product means a product —

(a) that is —

(i) a rinse‑off cleaning product; or

(ii) a rinse‑off personal care product;

and

(b) that contains microbeads;

prescribed plastic bag has the meaning given in regulation 3B;

prescribed plastic item has the meaning given in regulation 3A;

retailer means a person who sells goods in trade or commerce;

rinse‑off cleaning product —

(a) means a cleaning product that is designed to be rinsed off or removed with water immediately or shortly after application; and

(b) does not include a product designed to be used for compressed air‑blasting or cleaning closed system industrial equipment;

rinse‑off personal care product has the meaning given in regulation 3BC;

supply includes sell, provide and make available.

[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.]

3A. Prescribed plastic item

(1) A disposable plastic item is a prescribed plastic item if it is any of the following —

(a) an item of cutlery;

(b) a drink stirrer;

(ca) a lid for a plate;

(d) a food container;

[(e) deleted]

(f) a lid for a food container;

(g) a food tray;

(h) a lid for a food tray;

(i) a bowl;

(j) a lid for a bowl;

(k) a cup;

(l) a lid for a cup;

(m) a cotton bud.

(2) A prescribed plastic item includes an item referred to in subregulation (1) that is —

(a) made wholly or partly from biodegradable plastic; or

(b) made wholly or partly from plastic‑laminated paper or plastic‑laminated cardboard.

(2A) On and after 1 September 2023, despite subregulations (1) and (2), a prescribed plastic item does not include a degradable plastic item.

Note for this subregulation:

On and after 1 September 2023, regulation 17 applies to the supply of an item that is a degradable plastic item.

(3) Despite subregulations (1) and (2), a disposable plastic item that is any of the following is not a prescribed plastic item —

(a) a reusable cooler box made from expanded plastic;

(b) a lid made from expanded plastic for a reusable cooler box;

(d) a lid for a food container, food tray or bowl if the lid is made from paperboard and certified as biodegradable.

(4) For the purposes of subregulation (3)(c) and (d), an item is certified as biodegradable if —

(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

(b) the certificate’s period of validity has not expired.

[Regulation 3A inserted: SL 2021/215 r. 6; amended: SL 2022/64 r. 20; SL 2023/13 r. 5; SL 2025/163 r. 5.]

3B. Prescribed plastic bag

(1) A prescribed plastic bag is —

(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

(b) a bag (a barrier bag) without handles that is made wholly or partly from plastic and is used to carry unpackaged —

(i) fresh fruit or vegetables; or

(ii) meat, poultry or seafood; or

(iii) dairy products; or

(iv) nuts; or

(v) confectionery.

(2) A prescribed plastic bag includes a bag referred to in subregulation (1) that is —

(a) made wholly or partly from biodegradable plastic; or

(b) made wholly or partly from plastic‑laminated paper or plastic‑laminated cardboard.

(2A) On and after 1 September 2023, despite subregulations (1) and (2), a prescribed plastic bag does not include a degradable plastic item.

Note for this subregulation:

On and after 1 September 2023, regulation 17 applies to the supply of a bag that is a degradable plastic item.

(3) Despite subregulations (1) and (2), prescribed plastic bag does not include —

(a) a barrier bag that is certified as biodegradable; or

(b) an unsealed bag that is the packaging in which perishable food is offered for sale; or

(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) —

(i) woven polypropylene (whether or not it is insulated for the purpose of keeping items cold);

(ii) nylon;

(iii) polyester;

(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 —

(i) the bag has sewn, rather than heat‑welded, seams; and

(ii) the fabric has a minimum weight of 90 grams per square metre measured as a single layer of fabric.

(4) For the purposes of subregulation (3)(a), a barrier bag is certified as biodegradable if —

(a) a person or body accredited in a manner approved by the CEO has issued a certificate verifying that the barrier bag complies with —

(i) AS 4736‑2006 or AS 5810‑2010; and

(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;

and

(b) the certificate’s period of validity has not expired.

[Regulation 3B inserted: SL 2022/64 r. 14; amended: SL 2023/13 r. 6; SL 2025/163 r. 6.]

3BA. Prescribed drinking straw

(1) A prescribed drinking straw is a drinking straw that is a disposable plastic item.

(2) A prescribed drinking straw includes a straw referred to in subregulation (1) that is —

(a) made wholly or partly from biodegradable plastic; or

(b) made wholly or partly from plastic‑laminated paper or plastic‑laminated cardboard.

(3) On and after 1 September 2023, a prescribed drinking straw does not include a drinking straw that is a degradable plastic item.

Note for this subregulation:

On and after 1 September 2023, regulation 17 applies to the supply of a drinking straw that is a degradable plastic item.

[Regulation 3BA inserted: SL 2023/13 r. 7.]

3BB. Prescribed expanded plastic packaging

(1) Prescribed expanded plastic packaging means any of the following made wholly or partly from expanded plastic —

(a) loose‑fill or void‑fill packaging;

(b) packaging for a pre‑packaged food or drink product other than a non‑perishable pre‑packaged food product;

(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.

(3) Despite subregulations (1) and (2), prescribed expanded plastic packaging does not include the following —

(a) packaging that is a degradable plastic item;

(b) a reusable cooler box;

(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.

Note for subregulation (3)(a):

On and after 1 September 2023, regulation 17 applies to the supply of expanded plastic packaging that is a degradable plastic item.

[Regulation 3BB inserted: SL 2023/13 r. 7; amended: SL 2025/163 r. 7.]

3BC. Rinse‑off personal care product

A rinse‑off personal care product means —

(a) a personal care product that is designed to be rinsed off or removed with water immediately or shortly after application; or

(b) a hair colour or dye; or

Note for this regulation:

The following are examples of products that are designed to be rinsed off or removed with water immediately or shortly after application —

(a) shampoo;

(b) conditioner;

(d) mouthwash;

(e) toothpaste;

(f) a face, body, hand or foot wash product, including an exfoliant;

(g) a face, hand or foot mask product.

The following are examples of products that are not designed to be rinsed off or removed with water immediately or shortly after application —

(a) deodorant;

(b) make‑up;

[Regulation 3BC inserted: SL 2023/13 r. 7; amended: SL 2025/163 r. 8.]

3C. Conducting business or undertaking

Without limitation, a person conducts a business or undertaking —

(a) whether the person conducts the business or undertaking alone or with others; and

(b) whether or not the business or undertaking is conducted for profit or gain.

[Regulation 3C inserted: SL 2022/64 r. 14.]

3D. Regulations apply to supplies that occur in the State

These 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 —

(a) if the person supplied is in the State; and

(b) whether or not the supplier is in the State; and

[Regulation 3D inserted: SL 2022/64 r. 14; amended: SL 2023/13 r. 8; SL 2025/163 r. 9.]

Part 2 — Offences relating to plastic bags

4. Offence to supply prescribed plastic bag

A retailer must not supply a prescribed plastic bag to a person for the person to carry goods sold by the retailer.

Penalty: a fine of $5 000.

4A. Offence in r. 4 does not apply to certain prescribed plastic bags before 1 March 2024

Regulation 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.

[Regulation 4A inserted: SL 2023/13 r. 9.]

4B. Offence in r. 4 does not apply to meat and dairy barrier bags before 1 October 2026

(1) In this regulation —

meat and dairy barrier bag means a bag without handles that is made wholly or partly from plastic and is used to carry —

(a) meat, poultry or seafood; or

(b) dairy products.

(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.

[Regulation 4B inserted: SL 2025/163 r. 10.]

5. Offence to give false or misleading information about a prescribed plastic bag

A 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 —

(a) the composition of a prescribed plastic bag; or

(b) whether or not a plastic bag is a prescribed plastic bag.

Penalty: a fine of $5 000.

[6. Deleted: SL 2023/13 r. 10.]

Part 3 — Offences relating to plastic items

[Heading inserted: SL 2022/64 r. 15.]

Division 1 — Prescribed plastic items

[Heading inserted: SL 2022/64 r. 15.]

7. Offence to supply prescribed plastic item

(1) A person must not, in the course of conducting a business or undertaking, supply a prescribed plastic item.

Penalty for this subregulation: a fine of $5 000.

(2) Subregulation (1) does not apply to the supply of a prescribed plastic item if the item forms part of, is attached to, or is inside the sealed packaging of, a pre‑packaged food or drink product.

Examples for this subregulation:

A spoon attached to, or sealed inside, a pre‑packaged yoghurt container.
A fork attached to, or sealed inside, a pre‑packaged instant noodles packet.
A bowl or cup that forms part of a pre‑packaged instant noodles packet.
A plate sealed inside a pre‑packaged frozen meal.

(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 —

(a) contains food that is not eat‑in food or takeaway food; and

(b) has a lid on it (whether the lid is an integrated part of the food container, food tray or bowl or is detachable).

(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 —

(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

(b) the lid is attached to a food container, food tray or bowl that —

(i) is not a prescribed plastic item; and

(ii) contains pre‑packed takeaway food.

(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 —

(a) contains food when it is supplied; and

(b) is supplied in the course of conducting a business that provides catering services for functions or events.

(2D) The exceptions in subregulations (2A) to (2C) do not apply in relation to a prescribed plastic item that is made from expanded plastic.

(3) Subregulation (1) does not apply to the supply of a prescribed plastic item in connection with the service or consumption of food or drink on an aircraft.

(4) Subregulation (1) does not apply to the wholesale supply of a prescribed plastic item if the wholesale supplier believes on reasonable grounds that the person to whom the item is supplied by the wholesale supplier, or another person to whom the item is subsequently to be supplied, will —

(a) use the item to prepare a pre‑packaged food or drink product; or

(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

(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

(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

(e) use the item in connection with the service or consumption of food or drink on an aircraft.

[(5) deleted]

[Regulation 7 inserted: SL 2022/64 r. 15; amended: SL 2022/64 r. 21; SL 2023/13 r. 11.]

7A. Offence in r. 7(1) does not apply to certain supplies before 1 September 2023

(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 —

(a) a cotton bud;

(b) a cup made from expanded plastic;

(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.

[Regulation 7A inserted: SL 2023/13 r. 12.]

7B. Offence in r. 7(1) does not apply to certain supplies before 1 March 2024

(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 —

(a) a food tray (made from plastic that is not expanded plastic) without a lid on it;

(b) a cup that contains a hot drink or soup when it is supplied;

(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.

[Regulation 7B inserted: SL 2023/13 r. 12.]

7C. Offence in r. 7(1) does not apply to certain supplies before 1 September 2024

(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 —

(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;

(b) a lid (made from plastic that is not expanded plastic) for a food container;

(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;

(d) a lid for a food tray;

(e) a bowl with a lid on it, whether the lid is an integrated part of the bowl or is detachable;

(f) a lid for a bowl.

(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.

[Regulation 7C inserted: SL 2023/13 r. 12.]

Division 2 — Prescribed drinking straws

[Heading inserted: SL 2022/64 r. 15.]

8. Offence to supply prescribed drinking straw

(1) A person must not, in the course of conducting a business or undertaking, supply a prescribed drinking straw.

Penalty for this subregulation: a fine of $5 000.

(2) Subregulation (1) does not apply if the supply is permitted under regulation 9, 10, 11, 12, 13, 14 or 15.

[Regulation 8 inserted: SL 2022/64 r. 15.]

9. Permitted supply: straw supplied as part of pre‑packaged food or drink product

A person may supply a prescribed drinking straw if the straw forms part of, is attached to, or is inside the sealed packaging of, a pre‑packaged food or drink product.

Example for this regulation:

A drinking straw attached to a juice box.

[Regulation 9 inserted: SL 2022/64 r. 15.]

10. Permitted supply: straw supplied by medical care provider

A 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.

[Regulation 10 inserted: SL 2022/64 r. 15.]

11. Permitted supply: straw supplied on aircraft

A person may supply a single prescribed drinking straw to a person if the supply occurs in connection with the service or consumption of food or drink on an aircraft.

[Regulation 11 inserted: SL 2022/64 r. 15.]

12. Permitted supply: straw supplied at care facility

(1) A person (the supplier) may supply a prescribed drinking straw (either as a single straw or as part of a pack) to a person being cared for at a care facility if —

(a) before the supply, the straw or pack of straws is not kept where it is generally available to be taken by persons at the care facility; and

(b) either —

(i) the person being cared for has requested the straw or pack of straws; or

(ii) the supplier reasonably believes that the straw or pack of straws is required for medical, disability or therapeutic purposes.

(2) For the purposes of subregulation (1), there is no requirement for the supplier to request or obtain any information or evidence in relation to any medical, disability or therapeutic purposes for which the straw or pack of straws is required.

[Regulation 12 inserted: SL 2022/64 r. 15.]

13. Permitted supply: straw supplied on request with food or drink

A person may supply a single prescribed drinking straw to a person in the course of conducting a business or undertaking (other than a retail business) as part of which food or drink is supplied if —

(a) before the supply, the straw is not kept on display or where it is generally available to be taken by persons at the place where the supply occurs; and

(b) the straw is supplied —

(i) at the request of a person; and

(ii) for use with food or drink.

[Regulation 13 inserted: SL 2022/64 r. 15.]

14. Permitted supply: pack of straws supplied by authorised business or undertaking

(1) A person (the supplier) may supply a pack of prescribed drinking straws to a person in the course of conducting an authorised business or undertaking if —

(a) before the supply, the pack of straws is not kept on display or where it is generally available to be taken by persons at the place where the supply occurs; and

(b) the person requests the pack of straws; and

(i) the supplier communicates to the person that prescribed drinking straws can only be supplied for medical, disability or therapeutic purposes; or

(ii) the person states that the pack of straws is required for medical, disability or therapeutic purposes.

[Regulation 14 inserted: SL 2022/64 r. 15.]

15. Permitted supply: straw supplied on wholesale basis

A person (the wholesale supplier) may supply a prescribed drinking straw on a wholesale basis if the wholesale supplier believes on reasonable grounds that the person to whom the straw is supplied by the wholesale supplier, or another person to whom the straw is subsequently to be supplied —

(a) will use the straw to prepare a pre‑packaged food or drink product; or

(b) is a medical care provider; or

(d) conducts, or is involved in conducting, a business or undertaking that is —

(i) a care facility; or

(ii) a business or undertaking (other than a retail business) as part of which food or drink is supplied to persons; or

(iii) an authorised business or undertaking.

[Regulation 15 inserted: SL 2022/64 r. 15.]

Division 3 — False or misleading information

[Heading inserted: SL 2022/64 r. 15.]

16. Offence to give false or misleading information about prescribed plastic item or prescribed drinking straw

A person who supplies or manufactures prescribed plastic items or prescribed drinking straws must not give any information that the person knows is false or misleading to another person about —

(a) the composition of a prescribed plastic item or prescribed drinking straw; or

(b) whether or not a plastic item is a prescribed plastic item.

Penalty: a fine of $5 000.

[Regulation 16 inserted: SL 2022/64 r. 15.]

Part 3A — Offences relating to degradable plastic items

[Heading inserted: SL 2023/13 r. 14.]

17. Offence to supply degradable plastic item

A person must not, in the course of conducting a business or undertaking, supply a degradable plastic item.

Penalty: a fine of $5 000.

[Regulation 17 inserted: SL 2023/13 r. 14.]

17A. Offence in r. 17 does not apply to supplies before 1 September 2023

Regulation 17 does not apply to the supply of a degradable plastic item before 1 September 2023.

[Regulation 17A inserted: SL 2023/13 r. 14.]

17B. Offence to give false or misleading information about degradable plastic item

A 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.

Penalty: a fine of $5 000.

[Regulation 17B inserted: SL 2023/13 r. 14.]

Part 3B — Offences relating to prescribed microbead products

[Heading inserted: SL 2023/13 r. 14.]

17C. Offence to supply prescribed microbead product

A person must not, in the course of conducting a business or undertaking, supply a prescribed microbead product.

Penalty: a fine of $5 000.

[Regulation 17C inserted: SL 2023/13 r. 14.]

17D. Offence in r. 17C does not apply to supplies before 1 September 2023

Regulation 17C does not apply to the supply of a prescribed microbead product before 1 September 2023.

[Regulation 17D inserted: SL 2023/13 r. 14.]

17E. Offence to give false or misleading information about prescribed microbead product

A 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 —

(a) the composition of a prescribed microbead product; or

(b) whether or not a product is a prescribed microbead product.

Penalty: a fine of $5 000.

[Regulation 17E inserted: SL 2023/13 r. 14.]

Part 3C — Offences relating to prescribed expanded plastic packaging

[Heading inserted: SL 2023/13 r. 14.]

17EA. Terms used

In this Part —

install, in relation to an item, means —

(a) assemble the item or fix the item in place; or

(b) connect the item to fixed electrical wiring, plumbing or gas pipes or associated equipment;

protective 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;

qualified 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.

[Regulation 17EA inserted: SL 2025/163 r. 11.]

17EB. Authorised manner of disposal

For the purposes of this Part, the authorised manner of disposal of prescribed expanded plastic packaging is —

(a) disposal that complies with the requirements of an extended producer responsibility scheme that is implemented and operating under —

(i) the Waste Avoidance and Resource Recovery Act 2007; or

(ii) a law of the Commonwealth;

(b) disposal at premises that are —

(i) of a kind specified in the Environmental Protection Regulations 1987 Schedule 1 Part 2 as category 89 premises; and

(ii) registered under regulation 5B of those regulations;

(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.

[Regulation 17EB inserted: SL 2025/163 r. 11.]

17F. Offence to supply prescribed expanded plastic packaging

(1) A person must not, in the course of conducting a business or undertaking, supply prescribed expanded plastic packaging.

Penalty for this subregulation: a fine of $5 000.

(2) Subregulation (1) does not apply to the supply of prescribed expanded plastic packaging if —

(a) the packaging is used to protect an item that is designed to be used for medical or scientific purposes; or

(b) in the case of moulded packaging — the packaging is used to protect an item that —

(i) weighs 45 kg or more; or

(ii) has been identified by the manufacturer as being fragile and requiring protective packaging that complies with a standard specified by the manufacturer.

(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 —

(a) use the packaging to protect an item that is designed to be used for medical or scientific purposes; or

(b) in the case of moulded packaging — use the packaging to protect an item that —

(i) weighs 45 kg or more; or

(ii) has been identified by the manufacturer as being fragile and requiring protective packaging that complies with a standard specified by the manufacturer.

(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 —

(a) is a qualified installer; and

(b) will, after completing the installation of the item, or part of the item, that the packaging is used to protect —

(i) remove the packaging from the premises in or on which the item was installed; and

(ii) dispose of the packaging in the authorised manner.

[Regulation 17F inserted: SL 2023/13 r. 14; amended: SL 2025/163 r. 12.]

17FA. Offence to dispose of protective packaging

A qualified installer to whom protective packaging is supplied must not dispose of the packaging other than in the authorised manner.

Penalty: a fine of $5 000.

[Regulation 17FA inserted: SL 2025/163 r. 13.]

17G. Offence in r. 17F(1) does not apply to certain supplies before 1 September 2023

Regulation 17F(1) does not apply to the supply before 1 September 2023 of prescribed expanded plastic packaging that is —

(a) loose‑fill or void‑fill packaging; or

(b) packaging for a pre‑packaged food or drink product.

[Regulation 17G inserted: SL 2023/13 r. 14.]

17H. Offence in r. 17F(1) does not apply to certain supplies before 1 July 2025

Regulation 17F(1) does not apply to the supply before 1 July 2025 of prescribed expanded plastic packaging that is moulded packaging.

[Regulation 17H inserted: SL 2023/13 r. 14.]

17I. Offence to give false or misleading information about prescribed expanded plastic packaging

A 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 —

(a) the composition of the prescribed expanded plastic packaging; or

(b) whether or not packaging is prescribed expanded plastic packaging.

Penalty: a fine of $5 000.

[Regulation 17I inserted: SL 2023/13 r. 14.]

Part 4 — Offences relating to the release of balloons

[Heading inserted: SL 2022/64 r. 15.]

18. Offences relating to release of balloons

(1) A person must not release, or cause or permit the release of, a balloon inflated with gas that causes it to rise in the air.

Penalty for this subregulation: a fine of $5 000.

(2) An adult commits an offence if a child in the adult’s care releases a balloon inflated with gas that causes it to rise in the air.

Penalty for this subregulation: a fine of $5 000.

(3) It is a defence to a charge under subregulation (2) to prove that the adult took steps that were reasonable in the circumstances to ensure that the child did not release the balloon.

(4) Subregulations (1) and (2) do not apply if the balloon is —

(a) released for scientific (including meteorological) purposes; or

(b) released inside a building or structure and does not make its way into the open air; or

(i) carry persons; or

(ii) be recovered after landing.

[Regulation 18 inserted: SL 2022/64 r. 15.]

Part 4A — Offence relating to prescribed plastic film signage

[Heading inserted: SL 2024/86 r. 4.]

18A. Offence to use prescribed plastic film signage outdoors for promotional or advertising purposes

(1) In this regulation —

prescribed plastic film signage means a disposable plastic item that is —

(a) a banner, placard, sign, bunting or similar thing; and

(b) made wholly or partly from soft plastic;

soft plastic —

(a) means plastic that is not rigid; but

(b) does not include the following —

(i) nylon;

(ii) polyester fabric;

(iii) woven mesh;

(iv) plasticised canvas.

(2) A person must not use, or authorise another person to use, prescribed plastic film signage outdoors for promotional or advertising purposes.

Penalty for this subregulation: a fine of $5 000.

[Regulation 18A inserted: SL 2024/86 r. 4.]

Part 5 — Exemptions

[Heading inserted: SL 2022/64 r. 10.]

19. Term used: Department’s website

In this Part —

Department’s website means a website maintained by or on behalf of the Department.

[Regulation 19 inserted: SL 2022/64 r. 10; amended: SL 2023/13 r. 15.]

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 regulation 7(1) 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 regulation 8(1) 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.

(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 —

(a) all supplies of degradable plastic items; or

(b) supplies of degradable plastic items of specified kinds, or in specified circumstances, or both.

(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 —

(a) all supplies of prescribed microbead products; or

(b) supplies of prescribed microbead products of specified kinds, or in specified circumstances, or both.

(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 —

(a) all supplies of prescribed expanded plastic packaging; or

(b) supplies of prescribed expanded plastic packaging of specified kinds, or in specified circumstances, or both.

(3) The CEO may grant an exemption under subregulation (1), (2), (2A), (2B) or (2C) subject to conditions specified in the notice.

(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.

(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).

(6) A period specified in a notice under subregulation (4) must not begin before —

(a) if the notice relates to an exemption under subregulation (1) or (2) — 1 July 2022; or

(b) if the notice relates to an exemption under subregulation (2A), (2B) or (2C) — 1 September 2023.

[Regulation 20 inserted: SL 2022/64 r. 10; amended: SL 2023/13 r. 16.]

21. Application for exemption

(1) An exemption under regulation 20(1), (2), (2A), (2B) or (2C) may be granted on application or on the CEO’s own initiative.

(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.

[Regulation 21 inserted: SL 2022/64 r. 10; amended: SL 2023/13 r. 17.]

22. Effect of exemption

(1) Regulation 7(1) 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) Regulation 8(1) 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.

(3) Regulation 17 does not apply to —

(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

(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 —

(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.

(4) Regulation 17C does not apply to —

(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

(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 —

(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.

(5) Regulation 17F(1) does not apply to —

(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

(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 —

(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.

[Regulation 22 inserted: SL 2022/64 r. 10; amended: SL 2023/13 r. 18.]

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Notes

This 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.

Compilation table

Citation	Published	Commencement
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))
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));
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))
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))
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))
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))

Other notes

1 Now known as the Environmental Protection (Prohibited Plastics and Balloons) Regulations 2018; citation changed (see note under r. 1).

2 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)).

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

adult 3

AS 4736-2006 3

AS 5810-2010 3

authorised business or undertaking 3

barrier bag 3B(1)

biodegradable plastic 3

bowl 3

care facility 3

carry bag 3B(1)

catering platter 3

certified as biodegradable 3A(4), 3B(4)

community health service 3

conduct a business or undertaking 3

conducts a business or undertaking 3C

cotton bud 3

cutlery 3

degradable plastic 3

degradable plastic item 3

Department’s website 19

disposable plastic item 3

eat-in food 3

expanded plastic 3

food container 3

hot drink or soup 3

install 17EA

lid 3

meat and dairy barrier bag 4B(1)

medical care provider 3

microbead 3

moulded packaging 3, 3BB(1)

plastic 3

pre-packaged food or drink product 3

pre-packaged food product 3

pre-packaged product 3

pre-packed takeaway food 3

prescribed drinking straw 3, 3BA(1), (2) and (3)

prescribed expanded plastic packaging 3, 3BB(3)

Prescribed expanded plastic packaging 3BB(1) and (2)

prescribed microbead product 3

prescribed plastic bag 3, 3B(1), (2A) and (3)

prescribed plastic film signage 18A(1)

prescribed plastic item 3, 3A(1), (2), (2A) and (3)

protective packaging 17EA

qualified installer 17EA

retailer 3

rinse-off cleaning product 3

rinse-off personal care product 3, 3BC

soft plastic 18A(1)

supplier 12(1), 14(1)

supply 3

wholesale supplier 15

This 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.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

Environmental Protection Act 1986

Environmental Protection (Prohibited Plastics and Balloons) Regulations 2018

Western Australia

Environmental Protection (Prohibited Plastics and Balloons) Regulations 2018

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used 1

3A. Prescribed plastic item 7

3B. Prescribed plastic bag 9

3BA. Prescribed drinking straw 11

3BB. Prescribed expanded plastic packaging 11

3BC. Rinse‑off personal care product 12

3C. Conducting business or undertaking 13

3D. Regulations apply to supplies that occur in the State 13

Part 2 — Offences relating to plastic bags

Offence to supply prescribed plastic bag 14

4A. Offence in r. 4 does not apply to certain prescribed plastic bags before 1 March 2024 14

4B. Offence in r. 4 does not apply to meat and dairy barrier bags before 1 October 2026 14

Offence to give false or misleading information about a prescribed plastic bag 14

Part 3 — Offences relating to plastic items

Division 1 — Prescribed plastic items

Offence to supply prescribed plastic item 16

7A. Offence in r. 7(1) does not apply to certain supplies before 1 September 2023 18

7B. Offence in r. 7(1) does not apply to certain supplies before 1 March 2024 19

7C. Offence in r. 7(1) does not apply to certain supplies before 1 September 2024 19

Division 2 — Prescribed drinking straws

Offence to supply prescribed drinking straw 20
Permitted supply: straw supplied as part of pre‑packaged food or drink product 20
Permitted supply: straw supplied by medical care provider 21
Permitted supply: straw supplied on aircraft 21
Permitted supply: straw supplied at care facility 21
Permitted supply: straw supplied on request with food or drink 22

The instrument rests on a small number of legal and conceptual building blocks that determine how the bans operate in practice.

Definitions as operational law. The regulatory effect turns on the statutory definitions in Part 1 (reg 3 and the inserted regs 3A, 3B, 3BA, 3BB, 3BC). Whether an object is a “prescribed plastic item”, “prescribed plastic bag”, “prescribed drinking straw”, “degradable plastic item”, “prescribed microbead product” or “prescribed expanded plastic packaging” determines the applicability of the primary offence provisions (see regs 3A, 3B, 3BA, 3BB, 17, 17C, 17F). The definitions include express inclusions (for example, items made wholly or partly from biodegradable plastic are included in the definition of prescribed items, r 3A(2)) and express exclusions (for example, paperboard items certified as biodegradable are excluded, r 3A(3)).
Supply and scope. The statutory concept of “supply” is broad: it includes sell, provide and make available (reg 3). The rules apply to supplies that occur in the State even where the supplier is outside the State (reg 3D). The phrase “in the course of conducting a business or undertaking” is defined expansively by regulation 3C as including conduct alone or with others and whether or not for profit (reg 3C). Those formulations place the bans on commercial activity rather than private, one‑off gifts outside business contexts.
Exemptions and permitted supplies. The regulations enumerate many permitted supplies and exceptions. Typical categories of permitted supply include sealed pre‑packaged goods where the item is inside sealed packaging (reg 7(2) and reg 9), supplies by medical care providers and authorised businesses (regs 10 and 14), supplies on aircraft (regs 7(3) and 11), wholesale supplies where the wholesaler reasonably believes the downstream supply will be lawful (regs 7(4), 15), and special rules for care facilities and request‑only distribution of straws (regs 12 and 13).
Transitional timing. The instrument implements transitional deferrals for particular item classes and product forms. For example, the ban on supplying some barrier bags does not apply until 1 March 2024 (reg 4A), meat and dairy barrier bags are deferred until 1 October 2026 (reg 4B), and various categories of prescribed plastic items and expanded plastic packaging have staged exceptions with cut‑off dates ranging between 1 September 2023 and 1 July 2025 (regs 7A-7C, 17G-17H). These dates are critical to compliance planning.
Certification and standards. The regulations rely on recognised standards and accreditation for some exclusions. Items made from paperboard must be “certified as biodegradable” by a person or body accredited in a manner approved by the CEO and complying with AS 4736‑2006 or AS 5810‑2010 (r 3A(4)). Barrier bags may also be certified as biodegradable if certified and complying with additional requirements in a “Biodegradable barrier bag standard” to be published by the CEO (r 3B(4)). Those provisions create a process dependency on the CEO for accreditation and publication of standards.
CEO discretion and administrative pathway. The CEO may grant exemptions by notice on the Department’s website from the bans in reg 7 (prescribed plastic items), reg 8 (drinking straws), reg 17 (degradable plastic items), reg 17C (microbead products) and reg 17F(1) (expanded plastic packaging) and may impose conditions and specify time periods (regs 20-22). Exemptions may be made on application or on the CEO’s own initiative (reg 21). The regulations do not prescribe procedures for internal review of exemption decisions in the text provided.
Offences for misrepresentation. The instrument criminalises false or misleading statements about composition or regulatory status by suppliers or manufacturers (regs 5, 16, 17B, 17E, 17I). These provisions require suppliers to ensure claims about composition and compliance are accurate. The penalties for these misrepresentation offences are the same monetary amount as for supply offences.
Disposal and extended producer responsibility. For prescribed expanded plastic packaging there is an express link to disposal pathways: the authorised manner of disposal can include compliance with an extended producer responsibility scheme under the Waste Avoidance and Resource Recovery Act 2007 or Commonwealth law, or disposal at category 89 registered premises under Environmental Protection Regulations 1987, or at premises where a licence authorises acceptance (r 17EB). That cross‑reference ties the regulation’s practical effect for expanded packaging to the existence and operation of other regulatory schemes.

The cumulative effect of these concepts is to convert a product list and product‑form definitions into enforceable prohibitions against supplying certain plastics within the State, while leaving significant discretion to the CEO and permitting narrow routes for medical, wholesale, care, pre‑packaged and transitionally exempt uses.

The regulations allocate legal obligations primarily to suppliers and manufacturers, with particular attention to the activities of retailers, wholesalers and businesses that provide food or services.

Retailers. Regulation 4 targets retailers directly, forbidding a retailer from supplying a “prescribed plastic bag” to a person to carry goods sold by the retailer, with a $5 000 fine for contravention. The definition of retailer appears at reg 3. The ban on prescribed plastic items and drinking straws (regs 7(1) and 8(1)) applies to anyone supplying in the course of conducting a business or undertaking, which will commonly include retail businesses. The operational consequence is that retail point‑of‑sale sourcing, inventory and point‑of‑sale protocols must change where retail sales would otherwise involve the banned items.
Wholesalers and upstream suppliers. Wholesale suppliers are specifically addressed in numerous provisions. Wholesalers may supply certain items on a wholesale basis if they reasonably believe the downstream recipient will use the items in permitted ways (reg 7(4), reg 15). The “reasonable grounds” belief forms the statutory basis for a wholesale supplier defence or exception. Wholesale channels need to document and prove the basis for that reasonable belief where challenged.
Manufacturers. Manufacturers are captured by the false or misleading information offences (for example reg 5 for prescribed plastic bags, reg 16 for prescribed plastic items and straws, reg 17B for degradable plastic items, reg 17E for microbead products, and reg 17I for expanded plastic packaging). While not every supply offence names manufacturers, manufacturers that supply directly or via distribution channels can be prosecuted where they are supplying in the course of conducting a business or undertaking.
Businesses providing food and drink. The exemptions create particular impacts for food service businesses, catering services and businesses operating in airports or on aircraft. For example, reg 7(2) exempts prescribed plastic items when they form part of or are sealed inside the packaging of a pre‑packaged food or drink product. Reg 7(2A) and (2B) create exceptions for food containers and lids in specific circumstances (non‑eat‑in food, pre‑packed takeaway food). Catering platters used for events are exempt if supplied by a business that provides catering services (reg 7(2C)). Food‑service businesses therefore must map which product forms are banned, which are permitted, and which fall within transitional deferrals (regs 7A-7C).
Medical and health services. The regulations exempt medical care providers and authorised businesses from certain prohibitions. Medical care providers may supply prescribed drinking straws as part of their practice (reg 10). Authorised businesses (a defined term at reg 3, including registered pharmacies, businesses supplying medical or dental care products, local government customer service centres, certain libraries, visitor centres and licensed charities) may supply packs of straws provided they communicate that straws are for medical, disability or therapeutic purposes (reg 14). Care facilities may supply straws where a recipient requests them or where the supplier reasonably believes they are required for medical, disability or therapeutic purposes (reg 12). These provisions localise supply to healthcare settings and specified authorised outlets.
Installers and construction sector. Part 3C introduces the concept of “protective packaging” for items designed to be installed by qualified installers and requires that installers dispose of protective packaging in an authorised manner (regs 17EA, 17F(4), 17FA). Installers who receive protective packaging must follow disposal requirements (reg 17FA). The construction or installation sector will need to adjust procurement and onsite disposal practices where items are supplied with expanded plastic moulded packaging.
Consumers and members of the public. The regulations indirectly affect consumers by restricting availability of certain items at the point of sale and by criminalising release of gas‑filled balloons in the open air (reg 18). For example, adults will be liable for a fine if a child in their care releases a gas‑filled balloon (reg 18(2)), unless they can show they took reasonable steps to prevent the child releasing the balloon (reg 18(3)). The public therefore faces reduced availability of certain products; however the enforcement focus is on suppliers and adults in charge of children in balloon release contexts.
The Department and the CEO. The Department and the CEO are given administrative responsibilities. The CEO sets accreditation for certification (r 3A(4), r 3B(4)), publishes the biodegradable barrier bag standard on the Department’s website (r 3B(4)), and may grant, vary or revoke exemptions by notice on the Department’s website (regs 20-22). The CEO’s role places the Department centrally in implementing, timing and tempering the practical effect of the bans.
Operators of disposal and producer responsibility schemes. For prescribed expanded plastic packaging the authorised disposal pathways reference the operation of extended producer responsibility schemes under the Waste Avoidance and Resource Recovery Act 2007 and registration of category 89 premises under the Environmental Protection Regulations 1987 (r 17EB). Operators and participants in those schemes will be affected because their existence and capacity are part of the lawful disposal route for packaging that would otherwise be banned.

Who pays and who bears compliance costs. Financial penalties attach to contraventions but the more immediate cost is compliance and substitution: businesses must redesign procurement, obtain or accept certifications, migrate to permitted materials, and in the case of wholesalers and suppliers create evidentiary files showing “reasonable grounds” for permitted wholesale supplies. The CEO’s exemption process will require departmental time and possibly fees or administrative costs not specified in the text. The regulations do not create an explicit cost recovery mechanism for administration; they instead vest discretion to the CEO to issue notices on the Department’s website.

This Part sets out the principal duties imposed on market participants and the rights or pathways that modulate those duties.

Duties

Duty not to supply. The primary obligation is a prohibition on supplying specified items in the course of conducting business or undertaking: prescribed plastic bags (reg 4), prescribed plastic items (reg 7(1)), prescribed drinking straws (reg 8(1)), degradable plastic items (reg 17), prescribed microbead products (reg 17C), and prescribed expanded plastic packaging (reg 17F(1)). Each of these provisions sets the default rule against supply.
Duty to avoid misrepresentations. Suppliers and manufacturers must not provide information they know is false or misleading about composition or whether an item is regulated (see regs 5, 16, 17B, 17E, 17I). These duties extend beyond pure supply to labelling, marketing and technical claims.
Duty on qualified installers. Where protective packaging is supplied for items to be installed by qualified installers, the installer must not dispose of the packaging other than in an authorised manner (reg 17FA). That creates a positive disposal duty for a discrete class of persons identified by licencing or authority.
Duty to comply with external standards and disposal schemes. Where an exclusion depends on certification (for example, paperboard certified as biodegradable), the duty is to hold a valid certificate from an accredited person or body (r 3A(4), r 3B(4)). For expanded plastic packaging, the duty to dispose in the authorised manner implicitly binds holders of packaging to use EPR schemes or registered licensed premises if such a scheme is the authorised disposal route (r 17EB).

Rights and pathways

Permitted supplies and exceptions. The regulations specify rights to supply in particular circumstances: sealed into pre‑packaged products (reg 7(2), reg 9), for medical use (regs 10, 14), for aircraft service consumption (regs 7(3), 11), for care facility requests (reg 12), and on request at non‑retail food service premises (reg 13). Wholesalers have the right to supply if they hold a reasonable belief as to the downstream permitted use (reg 7(4), reg 15).
Transitional privileges. Parties may lawfully supply certain item classes during transitional periods specified in regs 7A-7C, 4A-4B, 17A, 17D, 17G-17H. For example, some expanded plastic items and degradable items were not covered by the new offences until specific dates, giving suppliers time to adjust inventories.
Exemption by CEO. The statutory right to an exemption is granted to persons or classes if the CEO considers it reasonably necessary; exemptions may be made on application or on the CEO’s own initiative and may be subject to conditions and time limits (regs 20-22). Exemptions have the legal effect of removing the relevant prohibition for the person or class and are published on the Department’s website (reg 20(1)-(5)).
Defence for adults in respect of children releasing balloons. For an adult charged under reg 18(2) (child in adult’s care released a balloon), it is a statutory defence to prove reasonable steps were taken to prevent the child from releasing the balloon (reg 18(3)).
Wholesale supplier reasonable belief standard. Wholesalers who sell on a wholesale basis can rely on an evidentiary standard , a reasonable grounds belief that the recipient will use the items in permitted ways. That is not an absolute right but an available defence or exception built into the supply rules (reg 7(4), reg 15).

Procedural and administrative rights are thin in the text. The CEO’s exemption power is discretionary and exercises by notice (regs 20-22); the regulations do not specify internal review or merits review processes for exemption decisions in the provisions provided. There is no express provision for administrative penalties, infringement notices, or graduated civil penalties in the text; enforcement is by criminal offence and monetary fines. The regulations therefore instantiate duties enforceable by prosecution and fines alongside administrative discretion exercised by the CEO.

The regulations establish a uniform pecuniary penalty model and criminalise false or misleading information in addition to supply offences. Enforcement architecture is administrative and prosecutorial rather than civil regulatory: the instrument uses criminal offences and monetary fines.

Penalties

Monetary penalty level. The listed offences generally carry the same pecuniary penalty: a fine of $5 000. This figure is explicitly stated in the penalty lines for the main offences: supplying a prescribed plastic bag (reg 4), false or misleading information about prescribed plastic bags (reg 5), supplying prescribed plastic items (reg 7(1)), supplying prescribed drinking straws (reg 8(1)), offences in the misrepresentation provisions (regs 16, 17B, 17E, 17I), supplying degradable plastic items (reg 17), supplying prescribed microbead products (reg 17C), supplying prescribed expanded plastic packaging (reg 17F(1)), failing to dispose of protective packaging properly (reg 17FA), releasing balloons (reg 18), and use of plastic film signage outdoors (reg 18A(2)). Each of those provisions specifies the $5 000 penalty.
Criminal status. The text frames the offences as criminal contraventions carrying the stated fine. The regulations do not, in the provided text, set out procedural enforcement mechanisms such as infringement notices, penalty units or administrative penalty regimes. Enforcement is therefore likely to proceed under the criminal process established by the relevant enforcement agencies under the Environmental Protection Act 1986 and the general enforcement provisions of State law.

Enforcement agents and decision‑makers

CEO and Department roles. The CEO is given administrative responsibilities under regs 20-22 to grant exemptions by notice on the Department’s website, specify conditions and time periods, and revoke or vary exemptions. The CEO also controls accreditation for certification and the biodegradable barrier bag standard (regs 3A(4), 3B(4), 20). Those powers allow the Department significant administrative control over the scope of compliant products and legitimate supply channels.
No explicit enforcement agency named in the regulations. The text does not name a specific enforcement agency or inspectorate responsible for detecting, investigating and prosecuting breaches of the regulations. Enforcement will therefore fall to agencies authorised under the Environmental Protection Act 1986 or other State enforcement mechanisms. Practitioners should consult the Environmental Protection Act and Department guidance for specifics on investigatory powers and prosecutorial channels.

Evidence and defences

“Reasonable grounds” for wholesalers. The regulations provide a practical defence or exception for wholesalers who supply on a wholesale basis if the wholesaler believes on reasonable grounds that the downstream recipient will use the item in an exempted or permitted way (reg 7(4), reg 15). That defence imports a fact‑sensitive inquiry into supplier practices and recordkeeping; the statutory language requires proof of the wholesaler’s reasonable belief.
Defence for adults in balloon release cases. Reg 18(3) provides an explicit statutory defence for an adult charged under reg 18(2) if they can prove they took reasonable steps to prevent the child releasing the balloon. That shifts the evidentiary burden to the accused adult to adduce reasonable precautions.

Implementation and practical enforcement issues

Enforcement sensitivity to definitions. Enforcement will depend heavily on factual characterisation of products (for example whether a product is a “prescribed plastic item”, a “degradable plastic item”, paperboard “certified as biodegradable”, “soft plastic” film signage or “prescribed expanded plastic packaging”). These are technical determinations often requiring certificates or laboratory analysis. The regulations anticipate this by creating offences for false or misleading statements about composition (regs 5, 16, 17B, 17E, 17I), which can underpin investigations into mislabelling.
Link to other regulatory schemes. For expanded plastic packaging, the “authorised manner of disposal” includes compliance with extended producer responsibility schemes enacted under Waste Avoidance and Resource Recovery Act 2007 or Commonwealth law (reg 17EB). Enforcement of the packaging prohibition will therefore be linked to the existence and operational detail of those EPR schemes. Where an EPR scheme is not yet implemented or has limited coverage, practical enforcement may be constrained.
No civil penalty stream or administrative infringement notices in the text. The regulations rely on criminal sanctions and the CEO’s discretionary exemption powers. That means enforcement is likely to require prosecution, which in turn will rely on investigatory resources and prosecutorial priorities. The text does not provide for graduated compliance measures such as infringement notices or administrative penalty units in the provisions shown.
Publication and notice requirements for exemptions. Exemptions are granted by notice published on the Department’s website (reg 20(1)). The public and regulated parties therefore must monitor the Department’s website for updates to know whether a particular supply is exempt. The regulations do not specify direct notice obligations to particular businesses.

In short, enforcement uses criminal penalties attached to discrete supply and misrepresentation offences, while administrative implementation and scope are controlled by the CEO through certification and exemption powers. The lack of an explicit infringement notice or civil penalty regime in the text means prosecutions are the principal enforcement vehicle unless other statutes provide alternative enforcement pathways.

The regulations are cross‑referenced to several other statutory regimes and standards, creating dependencies that affect implementation and compliance.

Environmental Protection Act 1986. The regulations are made under the Environmental Protection Act 1986 as subordinate legislation. While the text of the parent Act is not reproduced here, the regulations operate within the enforcement and administrative framework the Act provides. Practitioners should cross‑check enforcement powers, inspectorate roles and prosecutorial arrangements under the Environmental Protection Act for operational detail.
Waste Avoidance and Resource Recovery Act 2007 and extended producer responsibility (EPR). Regulation 17EB explicitly makes the authorised manner of disposal for prescribed expanded plastic packaging include disposal that complies with the requirements of an extended producer responsibility scheme implemented under the Waste Avoidance and Resource Recovery Act 2007 or Commonwealth law (reg 17EB(a)(i)-(ii)). That creates an operational interaction: if an EPR scheme exists and operates for a category of packaging, compliance with that scheme can be an authorised disposal route, potentially influencing whether supply of particular packaging is permissible or how its end‑of‑life must be managed. The effect is to tether certain requirements of the regulations to separate policy or legislative processes implementing EPR schemes.
Environmental Protection Regulations 1987 , category 89 registration. Regulation 17EB(b) references disposal at premises that are of the kind specified in Environmental Protection Regulations 1987 Schedule 1 Part 2 as category 89 premises and registered under regulation 5B of those regulations. That ties lawful disposal routes for expanded plastic packaging to the classification and registration of waste management premises under the Environmental Protection Regulations 1987.
Australian Standards for biodegradability. Regulation 3A(4) and regulation 3B(4) require certification that particular items comply with AS 4736‑2006 or AS 5810‑2010, and that the certifying person or body be accredited in a manner approved by the CEO. For barrier bags the certification must also show compliance with labelling, handles, pigmentation, opacity and bag opening circumference requirements specified in a biodegradable barrier bag standard to be published by the CEO (r 3B(4)). These cross‑references import the content of external technical standards and an accreditation regime into the legal test of whether a product is excluded.
Health and related Acts. Several definitions and exemptions cross‑reference health and care laws: “care facility” is defined by reference to the Private Hospitals and Health Services Act 1927, the Health Services Act 2016, the Aged Care Act 1997 (Commonwealth), the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 (Commonwealth), schools under the School Education Act 1999, and other community health service definitions (reg 3). Authorization of certain supplies for medical care providers and care facilities therefore intersects with licensing and regulatory regimes governing those institutions.
Pharmacy Act 2010. The defined term “authorised business or undertaking” includes pharmacies the premises of which are registered under Pharmacy Act 2010 s 39(1) (reg 3). That gives pharmacies a role in permitted supplies of packs of straws under reg 14.
Building and Construction Industry (Security of Payment) Act 2021. Regulation 3BB(3)(d) excludes from the definition of prescribed expanded plastic packaging packaging used to protect items designed to be used for construction work as defined in the Building and Construction Industry (Security of Payment) Act 2021 s 6. This is an example of sectoral carve‑outs that require cross‑checking other statutory definitions.
Commonwealth law references. The authorised manner of disposal for expanded plastic packaging may include compliance with a law of the Commonwealth that implements an EPR scheme (reg 17EB(a)(ii)). This leaves open the interaction between State and Commonwealth producer responsibility schemes and suggests federal arrangements could be receivable as lawful disposal routes.

Practical interaction effects

Compliance driven by external scheme timing. Because the authorised disposal route for expanded plastic packaging can be an EPR scheme, the practical viability of supplying certain packaging or meeting disposal duties depends on the existence, design and operational capacity of those schemes. Regulators and regulated parties must therefore monitor adjacent legislative processes.
Standards and accreditation as gatekeepers. Certification under AS 4736‑2006 or AS 5810‑2010 and CEO accreditation requirements create a gatekeeping function for the CEO and accredited certifiers: whether a paperboard container is excluded, or whether a barrier bag is “certified as biodegradable”, will often turn on an accredited certificate being in force (reg 3A(4), r 3B(4)). That pushes technical determinations outside the regulations themselves into standards and administrative accreditation.
Multiple statutory definitions to reconcile. Parties must reconcile overlapping definitions across Acts (for example, the definition of “care facility” involves several statutes), and the regulations’ extraterritorial supply rule (reg 3D) will interact with contract formation and choice‑of‑law questions in commercial arrangements.
Licensing and installer obligations. The “qualified installer” concept (reg 17EA) depends on the licence, permit or other authority issued under a written law, which means installers’ obligations to dispose of protective packaging (reg 17FA) intersect with occupational licensing regimes.

Overall, compliance is not self‑contained within the regulations. Practitioners must map obligations against existing environmental, health, waste and standards legislation to determine lawful supply and disposal options.

The regulations have been amended several times since their initial publication in 2018. The compilation table and marginal notes in the text provide specific amendment references, commencement dates and the scope of later insertions and deletions. The following is a synthesis based on the compilation table and marginal notes in the provided text.

Initial instrument and commencement

The instrument was originally published as the Environmental Protection (Plastic Bags) Regulations 2018 and was later re‑titled to the Environmental Protection (Prohibited Plastics and Balloons) Regulations 2018. The original regulation 1 citation was amended (see note under r 1).
Commencement schedule (reg 2) sets staggered dates: regs 1 and 2 commenced on publication day; regulations 4 and 7(2) commenced on 1 January 2019; the rest of the regulations came into force on 1 July 2018.

Subsequent amendment instruments and dates

SL 2021/215 (Environmental Protection Regulations Amendment (Prohibited Plastics and Balloons) Regulations 2021) , noted as amending reg 1 and other provisions. Some parts of this instrument were later deleted before coming into operation (the compilation notes identify Part 3 Div. 1 and Part 4 of SL 2021/215 being deleted before operation by SL 2022/64).
SL 2022/64 (Environmental Protection Regulations Amendment (Prohibited Plastics and Balloons) Regulations 2022) , significant amendments inserted new headings, restructured Part 3 and added provisions including definitions and exemptions; commencement dates vary within the instrument with parts commencing on 4 June 2022, 1 July 2022 and 1 October 2022 for different parts.
SL 2023/13 (Environmental Protection Regulations Amendment (Prohibited Plastics and Balloons) Regulations 2023) , further amendments began on 1 March 2023; it inserted regs including the definitions of degradable plastic and degradable plastic item and other provisions such as the degradable plastics ban (reg 17) and transitional arrangements (reg 17A), and added various transitional deferrals (regs 7A, 7B, 7C, 4A etc).
SL 2024/86 (Environmental Protection Regulations Amendment (Prohibited Plastics and Balloons) Regulations 2024) , inserted reg 18A banning prescribed plastic film signage outdoors for promotional or advertising purposes; commencement noted as 1 June 2024 in the compilation table.
SL 2025/163 (Environmental Protection (Prohibited Plastics and Balloons) Amendment Regulations 2025) , recent amendments took effect on 1 October 2025 for regulatory provisions other than regs 1 and 2, with insertion of Part 3C provisions on prescribed expanded plastic packaging including definitions (reg 17EA), authorised manner of disposal (reg 17EB), and supplier and disposal obligations (regs 17F, 17FA, 17I). Also inserted reg 4B deferring the prohibition on meat and dairy barrier bags until 1 October 2026 and added certification requirements and the biodegradable barrier bag standard to be published by the CEO (reg 3B(4)). The 2025 instrument updated the compilation to reflect later commencement and technical changes.

Deletions and rescissions

Regulation 6 was deleted by SL 2023/13 (see marginal note in the text).
The compilation notes that parts of the 2021 amendment instrument (SL 2021/215) were deleted before they could commence by subsequent 2022 amendments (SL 2022/64 r 5).

Staged implementation and transitional relief

The amendments across 2022-2025 introduced multiple staged commencement dates, creating transitional relief for particular product forms (see regs 7A-7C, 4A-4B, 17A, 17D, 17G-17H). The compilation table records precise commencement dates for each instrument and identifies that some regulatory elements came into force at different times.

Standards and future administrative instruments

The 2025 amendments created a regulatory expectation of future administrative instruments: for example, the CEO is to publish a “Biodegradable barrier bag standard” on the Department’s website in September 2025, as in effect from time to time (r 3B(4)). That embeds a future administrative specification into the legislative framework.

Practical consequence of the amendment history

The regulatory architecture has evolved from an initial focus on plastic bags to a broader suite of prohibitions, including single‑use items, microbeads, degradable plastics, expanded packaging and signage. Each amendment introduced new definitions, transitional arrangements and administrative levers. The staggered commencement dates and deleted provisions mean that compliance obligations for businesses must be checked against both the current regulation text and the compilation table for the relevant dates that applied to particular product categories.

When advising clients, practitioners should refer to the compilation table for historical commencement and rely on the specific marginal notes (which show the amending instruments and clauses) to determine whether and when a particular obligation took effect, and whether any deleted provisions ever became operative.

The provided text contains no recorded judicial decisions or litigation history. The compilation table and other notes document legislative amendments, deletions and commencement dates but do not identify any cases, appeals or judicial review outcomes arising under these regulations.

Given that the regulations create criminal offences and confer administrative discretions on the CEO, litigation risk exists in principle in several areas , for example, challenges to prosecutions for supply offences, disputes about whether a product falls within the statutory definitions, or judicial review of exemption decisions by the CEO , but no such matters are cited in this instrument. Practitioners processing disputes or preparing litigation should therefore:

Search the State court databases and the environment of published decisions for any prosecutions or judicial review applications that post‑date the compilation, as the instrument itself provides no such case law.
Be aware that contested factual characterisations (for example, whether a product is a “degradable plastic item” versus a “biodegradable plastic” item, or whether a paperboard item is “certified as biodegradable” under the standards and CEO accreditation) would be natural litigation flashpoints if enforcement action were taken.
Note that the CEO’s exemption decisions are published by notice on the Department’s website (reg 20(1)). If an affected person considers an exemption decision unlawful, the ordinary routes of administrative law (including merits review where available and judicial review in the Supreme Court) would be the avenue for challenge. The text of the regulations does not articulate an internal review or appeal process for exemption decisions.

In the absence of reported litigation in the provided text, practitioners must treat litigation likelihood as a function of enforcement action and the practical ambiguities described elsewhere in this note (for example, in definitions and certification requirements). For up‑to‑date litigation history, consult court lists and legal databases beyond this instrument.

The regulations contain several technical traps and operational risks that regularly produce compliance surprises. These are practical items flagged by the statutory text and its dependencies.

Definitions do the heavy lifting. Whether an item is covered turns on technical statutory definitions in regs 3A, 3B, 3BA, 3BB and related definitions in reg 3. Small differences in material composition, laminate construction or intended use can shift a product from permitted to prohibited. For example, a paperboard container is excluded only if it is “certified as biodegradable” by an accredited person, and the certificate’s period of validity must not have expired (r 3A(3)-(4)). If a supplier relies on an expired or non‑accredited certification, the exclusion will not apply.
Degradable versus biodegradable treatment. The instrument treats “degradable plastic” and “biodegradable plastic” differently. A “degradable plastic” is defined to mean plastic containing an additive designed to accelerate fragmentation (reg 3), and from 1 September 2023 regulation 17 applies to degradable plastic items (reg 3A(2A) note, reg 17). Meanwhile, biodegradable plastic may be included in the definition of prescribed items but some biodegradable items can be excluded if certified under the Australian Standards (r 3A(2), r 3A(3)-(4)). The distinction between degradable and biodegradable products is technical and matters for whether a supply is banned or subject to a different rule. Suppliers must be precise about polymer chemistry and the presence of additives.
CEO accreditation and standards as chokepoints. The exclusion for paperboard items depends on certificates from an accredited person or body in a manner approved by the CEO (r 3A(4)). Barrier bags can be certified as biodegradable if they comply with AS 4736‑2006 or AS 5810‑2010 and additional CEO standards to be published in September 2025 (r 3B(4)). Until accreditation and the biodegradable barrier bag standard are in place, suppliers may not be able to rely on anticipated exclusions. Businesses that plan product changes around those standards must confirm the CEO’s accreditation criteria and the published standard.
Wholesale supplier “reasonable grounds” standard is evidential. Wholesalers have an exception where they “believe on reasonable grounds” that downstream recipients will use items in permitted ways (reg 7(4), reg 15). The statute does not enumerate what constitutes reasonable grounds. That uncertainty means wholesalers should document agreements, purchase orders or communications supporting the belief. Absent records, a wholesaler risks being unable to prove the reasonable belief to an investigator or prosecutor.
Extraterritorial supply rule. Regulation 3D applies the regulations to supplies that occur in the State even if the supplier is outside the State or the contract is formed outside the State. That captures remote sellers and online sellers delivering to customers physically located in Western Australia. Businesses with interstate or international supply chains must treat WA as a jurisdiction of supply if goods are delivered to WA customers, even where the business itself is not physically present.
Transitional dates and phased obligations. Multiple staggered commencement and transitional deferrals create timing complexity. For example, barrier bags are not captured by reg 4 until 1 March 2024 (reg 4A), while meat and dairy barrier bags are deferred until 1 October 2026 (reg 4B). Prescribed plastic items have staged exclusions and deferrals under regs 7A-7C. Misreading the applicable commencement date for a product can lead to non‑compliance.
Packaging disposal dependencies. For prescribed expanded plastic packaging, the authorised manner of disposal can depend on an operating extended producer responsibility scheme (reg 17EB(a)). If such a scheme is not yet implemented or lacks capacity, lawful disposal routes may be materially constrained. Suppliers and installers subject to disposal duties (reg 17FA) must ensure access to authorised disposal options and may face logistical challenges if the authorised facilities are sparse.
False or misleading claims are separate offences. It is not sufficient to rely on supplier labels or technical sheets; the supplier or manufacturer is liable for knowingly false or misleading information about composition or whether a product is regulated (regs 5, 16, 17B, 17E, 17I). Even inadvertent mislabelling may attract enforcement scrutiny, and businesses should keep provenance documentation, certificates and testing results to mitigate risk.
CEO exemption process is administrative and concentrated. Exemptions are exercisable by the CEO by notice on the Department’s website (regs 20-22). The process permits exemptions on application or on the CEO’s own initiative, and the CEO may impose conditions and limit periods. Businesses that rely on temporary exemptions should note that they may be time‑limited and conditional, and that the process is administrative with discretionary elements not fully specified in the regulations.
“Use” versus “supply” distinctions. Several exemptions turn on the downstream “use” of an item (for example, the wholesale supplier exception in reg 7(4) where downstream use includes preparing a pre‑packaged food product). Where supply and use occur at different points in a supply chain, mapping and contractual assurances are required. Contracts that simply transfer ownership may not suffice to prove intended downstream use.
Balloon release defence requires proof of reasonable steps. Adults who are fined because a child in their care releases a balloon can rely on a defence if they prove they took reasonable steps to prevent release (reg 18(3)). What constitutes “reasonable steps” is fact‑sensitive and will be assessed in any prosecution.

In practice, the most common compliance surprises will arise from narrow technical distinctions in definitions, late publication of CEO standards and accreditation details, and the evidentiary gap on what counts as reasonable grounds for wholesalers. Businesses should not assume that a subtle variation in material or labelling escapes the rules without technical verification and documentary proof.

Below is a practical, source‑grounded compliance checklist and recommended actions keyed to the relevant regulations. This is not legal advice but a pragmatic pathway to reduce enforcement risk based on the text.

Inventory and product classification
- Conduct a full inventory of all products and packaging that could fall within regs 3A (prescribed plastic items), 3B (prescribed plastic bags), 3BA (prescribed drinking straws), 3BB (prescribed expanded plastic packaging), and the definitions of degradable plastic and microbeads (reg 3, regs 17C, 17).
- For each product, record: material composition (polymer types, laminates), whether it contains additives (to determine degradable plastic), dimensions, intended use, whether it is supplied within sealed pre‑packaging, and whether it is intended for wholesale or retail sale.
Map each product to statutory categories and exemptions
- Use the definitions in regs 3A-3BB to determine if the product is a “prescribed” item. Pay close attention to exclusions: paperboard certified as biodegradable (r 3A(3)-(4)), expanded plastic exclusions (r 3A(3)(a)-(d)), fabric carry bag criteria under r 3B(3)(d)-(e).
- Identify products that can lawfully be supplied via permitted routes: inside sealed pre‑packaged products (reg 7(2), reg 9), medical care providers (reg 10), authorised businesses (reg 14), aircraft service (regs 7(3), 11), care facility protocols (reg 12), or wholesale channels with reasonable grounds (reg 7(4), reg 15).
Documentation and evidentiary recordkeeping
- For wholesale supplies relying on the “reasonable grounds” belief, create and retain documentary evidence: purchase orders, contracts showing downstream use, written confirmations from buyers, and any technical specifications that show intended use for pre‑packaging or authorised purposes (reg 7(4), reg 15).
- Maintain certificates of biodegradability including issuer, accreditation details, standard referenced (AS 4736‑2006 or AS 5810‑2010), scope of certification and validity period (r 3A(4), r 3B(4)). Ensure certificates come from persons or bodies accredited in a manner approved by the CEO.
- Keep technical datasheets and laboratory test results that verify composition, presence or absence of microbeads, and whether a product is degradable vs biodegradable (regs 3, 17, 17C).
Certification and standards compliance
- Where exclusions depend on certification, verify the certifier’s accreditation and ensure the certificate is current (r 3A(4), r 3B(4)). For barrier bags that may be certified as biodegradable, track the CEO’s publication of the Biodegradable barrier bag standard on the Department’s website and ensure compliance with labelling, handles, pigmentation, opacity and bag opening circumference requirements (r 3B(4)).
- If considering switching to biodegradable materials, confirm the product’s compliance with AS 4736‑2006 or AS 5810‑2010 and obtain accredited certification prior to marketing or supply.
Product re‑design and procurement
- Transition prohibited stock out of the supply chain before the applicable commencement dates. Use the compilation table and regs 7A-7C, 4A-4B, 17A, 17D, 17G-17H to plan inventory disposal or alternative markets for items covered by transitional relief.
- Consider alternative materials and formats (certified paperboard, reusable carry bags meeting r 3B(3)(d)-(e) fabric/weight criteria) and ensure any alternative meets statutory exclusion criteria.
Sales channels and online commerce
- For online sellers, apply reg 3D: if the supply occurs in the State because the person supplied is in WA, the regulations apply even if the supplier is outside the State. Update website ordering, delivery routing and fulfilment checks to prevent supplies into WA in contravention of the regulations.
- Implement geo‑fencing or shipping exclusions where necessary to avoid inadvertent supply into WA.
Medical and care settings
- For medical care providers and care facilities, implement procedures consistent with regs 10 and 12: store straws and other excluded items off display; document requests for straws by patients or reasonable beliefs about therapeutic need, even though the regulation does not require evidence (reg 12(2), reg 14(2)).
- Ensure authorised businesses (including pharmacies) understand their communication obligations if supplying packs of straws , suppliers must communicate that straws are only for medical, disability or therapeutic purposes or obtain a statement from the customer (reg 14(1)(c)).
Signage, balloons and special items
- Remove or cease outdoor promotional use of prescribed plastic film signage (reg 18A(2)). Assess whether existing banners or bunting fall within “soft plastic”; soft plastic excludes nylon, polyester fabric, woven mesh or plasticised canvas (reg 18A(1)).
- Prohibit release of gas‑filled balloons to the open air. Train staff and event organisers on reg 18 and keep evidence of reasonable steps to prevent release where children are present, to secure the defence in reg 18(3).
Expanded plastic packaging and installers
- If supplying or receiving protective expanded plastic packaging, ensure contract terms and on‑site protocols transfer the duty to dispose in the authorised manner to a qualified installer who will remove and dispose of the packaging lawfully (regs 17EA, 17F(4), 17FA).
- Verify the availability of authorised disposal routes: EPR schemes in operation (Waste Avoidance and Resource Recovery Act 2007), category 89 registered premises (Environmental Protection Regulations 1987), or licensed premises able to accept the packaging (reg 17EB).
Exemptions and dealings with the CEO
- If a lawful exemption is required, prepare and submit an application to the CEO per regs 21-22. The CEO may grant or vary exemptions by notice on the Department’s website, subject to conditions and specified periods (reg 20(1)-(6)). If seeking an exemption, include technical justification, proposed conditions, and a timeframe consistent with reg 20(4) and (6).
- Monitor the Department’s website for public notices of exemptions and the biodegradable barrier bag standard (regs 19, 20, 3B(4)).
Compliance culture and staff training
- Train point‑of‑sale, procurement, logistics and marketing staff on the specific prohibitions and permitted exceptions. Emphasise the false or misleading information offences (regs 5, 16, 17B, 17E, 17I) to avoid inaccurate marketing claims.
- Update supplier contracts to obtain warranties on composition, certification and compliance, and include indemnities for regulatory breach where appropriate.
Prepare for enforcement and audits
- Maintain a compliance pack with product certificates, purchase orders, customer confirmations for wholesale exceptions, disposal contracts, and exemption notices. This assists in demonstrating “reasonable grounds” and rebutting allegations of false or misleading information.
- Consider obtaining independent material testing where composition is in doubt before supplying into the WA market.
Legal review and monitoring
- Because the regulatory framework references external standards and evolving EPR schemes, retain a monitoring regimen to review changes to the CEO’s published standards, the Department’s website notices, EPR scheme rollout and commencement clarifications in the compilation table.
- Where significant commercial exposure exists, obtain legal advice to structure exemption applications, contest enforcement notices and advise on cross‑border supply arrangements.

Following the statutory text, practical compliance requires technical product classification, documentation to support wholesaler and authorised supplier exceptions, certification where required, proactive monitoring of CEO notices and standards, and a conservative approach to online and interstate supply into Western Australia.

Deep Dive

What it does

Current sections