Environmental Protection (Prohibited Plastics and Balloons) Regulations 2018

The regulations rely on a small set of definitional and operational concepts that determine scope and liability: “prescribed” items, “degradable” vs “biodegradable”, “disposable plastic item”, supply in the course of conducting a business or undertaking, wholesale supplier reasonable belief, CEO exemption, authorised manner of disposal, and temporal staging of prohibitions.

• Prescribed items. The term “prescribed plastic item” is defined in regulation 3A and lists specific single‑use articles (cutlery, drink stirrers, plates and lids for plates, food containers, cups and lids, trays, bowls, and cotton buds). Regulation 3B defines “prescribed plastic bag” and distinguishes carry bags (with handles) from barrier bags (without handles) used for unpackaged foodstuffs. Regulation 3BA defines “prescribed drinking straw” as any drinking straw that is a disposable plastic item. Regulation 3BB defines “prescribed expanded plastic packaging” to include loose‑fill, packaging for pre‑packaged food/drink products (except non‑perishable pre‑packaged food), and moulded protective packaging. These definitions determine which goods are subject to supply prohibitions in Parts 2, 3, 3A and 3C.

• Disposable plastic item. Regulation 3 establishes that “disposable plastic item” means an item designed to be disposed of after a single or several uses, or whose construction is not durable enough to be reused. This concept undergirds the identification of products targeted as single‑use.

• Degradable versus biodegradable. The regulations make a legal distinction. “Biodegradable plastic” is defined in reg 3 as material broken down by microorganisms into CO2, water, biomass and mineral residue, and excludes additives that merely accelerate fragmentation. “Degradable plastic” is defined as plastic containing an additive designed to accelerate fragmentation under certain conditions, and explicitly does not include biodegradable plastic. The regulatory design channels biodegradable items into some carve‑outs if certified (regs 3A(3)(c)-(d), 3B(3)(a) and 3B(4)), while moving degradable items into a separate ban (reg 17) from 1 September 2023 (see reg 3A(2A) note and reg 17A). Thus, the regime treats additive‑fragmenting plastics (degradable) differently from compostable or certified biodegradable products.

• Supply and extraterritorial reach. “Supply” is defined broadly to include sell, provide and make available (reg 3). Regulation 3D extends the application of the supply offences to supplies that occur in the State even if the supplier is located outside Western Australia or the contract is formed outside the State. This creates a functional extraterritorial effect tied to the recipient’s presence in WA.

• Business‑context liability and wholesale reasonable grounds. Most supply offences apply to persons “in the course of conducting a business or undertaking” (reg 3C). Wholesale suppliers are carved out in part where they hold a reasonable belief on reasonable grounds that the downstream recipient will use items in a permitted way (see regs 7(4), 7B(2), 7C(2), 15, 17F(3), 22). That places an evidential burden on wholesalers to document reasonable grounds for continued supply.

• CEO exemption power. The CEO may grant time‑limited, conditional exemptions by notice on the Department’s website (reg 20). Exemptions can cover classes or specified supplies and may be granted on application or the CEO’s own initiative (regs 20-21). Exemptions are effective from 1 July 2022 for regs 7 and 8 related exemptions, and from 1 September 2023 for those relating to regs 17, 17C and 17F(1) (reg 20(6)). Regulation 22 clarifies the practical effect of exemptions for downstream wholesale suppliers who reasonably believe an exemption applies.

• Authorised manner of disposal and EPR link. For prescribed expanded plastic packaging the “authorised manner of disposal” is set out in reg 17EB and includes disposal that complies with an extended producer responsibility scheme operating under the Waste Avoidance and Resource Recovery Act 2007 or Commonwealth law, disposal at registered category 89 premises under the Environmental Protection Regulations 1987, or disposal at prescribed premises with a licence authorising acceptance (reg 17EB). That creates a legal intersection with other waste regulatory instruments and with the infrastructure of licensed waste operators.

• Transition and staged roll‑out. Several regulations provide staged commencement or temporary exceptions (for instance, barrier bags are not covered by reg 4 until 1 March 2024 , reg 4A; meat and dairy barrier bags not until 1 October 2026 , reg 4B; various prescribed items exempt until 1 Sept 2023, 1 March 2024 or 1 Sept 2024 , regs 7A-7C). The compilation table records multiple amendment instruments with different commencement dates up to 2025.

• Misinformation offences. Across multiple Parts the instrument criminalises supplying or manufacturing information one “knows is false or misleading” about the composition or prescribed status of a product. Those offences require a mental element of knowledge and attract the same $5 000 penalty in several provisions (regs 5, 16, 17B, 17E, 17I).

These concepts are the levers by which the regulations change economic behaviour: manufacturers and importers must alter product specifications or marketing claims; retailers must change sales practices; wholesalers must form and document reasonable beliefs about downstream use; installers and waste handlers must conform to disposal pathways; and the CEO exercises targeted relief through exemption notices.

The regulations designate multiple classes of affected actors with distinct obligations and possible defences. Primary categories are retailers; wholesale suppliers and manufacturers; persons conducting businesses that prepare, serve or sell food and drink; medical care providers and care facilities; airlines; qualified installers and persons installing items; event organisers and adults supervising children; authorised businesses and undertakings (as defined in reg 3); and the CEO as the administrative decision maker. The statutory text identifies particular types of entities and contexts with bespoke treatment.

• Retailers. Regulation 4 makes it an offence for a retailer to supply a “prescribed plastic bag” to a person for carrying goods. The definition of “retailer” (reg 3) is broad, covering anyone who sells goods in trade or commerce. The bag prohibition therefore directly affects supermarkets, convenience stores, specialty food retailers, markets and any business that supplies carry or barrier plastic bags to customers. Penalty is a fine of $5 000 (reg 4).

• Businesses that supply disposable plastic items. Regulation 7(1) prohibits the supply, in the course of conducting a business or undertaking, of a “prescribed plastic item”. That brings cafes, restaurants, fast food outlets, event caterers, hospitality businesses, and retailers that sell cutlery, cups, trays and bowls within scope. Exceptions exist for sealed pre‑packaged food (reg 7(2)), certain food containers with lids that contain non‑eat‑in food (reg 7(2A)), catering platters supplied by businesses providing catering services (reg 7(2C)), aircraft service (reg 7(3)), and certain wholesale supplies where reasonable grounds exist (reg 7(4)). Retailers and foodservice providers must therefore change procurement, keep certain single‑use products off public display (for straws , reg 13 and reg 14 requirements), and adapt serving practices.

• Wholesale suppliers and manufacturers. The regulations impose supply prohibitions but provide gateways for wholesale suppliers. Wholesale suppliers are permitted where they hold reasonable grounds to believe the downstream recipient will use the item in permitted ways (regs 7(4), 15, 17F(3), 22). Manufacturers face misinformation offences (regs 5, 16, 17B, 17E, 17I) if they knowingly provide false information about composition or prescribed status. Manufacturing, importation and labelling activities will be affected, including the need to obtain certification for biodegradable products where relevant (regs 3A(4), 3B(4)).

• Medical care providers and authorised businesses. The instrument carves out medical contexts. Medical care providers may supply prescribed drinking straws in the course of practice (reg 10). “Authorised business or undertaking” (reg 3) includes pharmacies, businesses supplying medical/dental products, local government customer service centres, libraries/visitor centres, and certain charities; these entities may supply packs of straws subject to communication and request requirements (reg 14). Care facilities have bespoke permissions to provide straws on request or where required for therapeutic or medical reasons (reg 12). These carve‑outs acknowledge accessibility and clinical needs.

• Care facilities and schools. Regulation 12 addresses care facilities (defined in reg 3) and allows supply of straws if the items are not generally available for taking and are requested or reasonably believed to be required for medical, disability or therapeutic purposes. Schools are included in the “care facility” definition, so educational institutions fitting that definition are affected in relation to straws.

• Airline operators and persons serving or consuming food on aircraft. Regulations 7(3) and 11 permit the supply of items in connection with service or consumption of food or drink on aircraft. Aircraft operators and inflight catering services are therefore excepted in those contexts.

• Qualified installers and persons installing items. For prescribed expanded plastic packaging used as “protective packaging” for items designed to be installed by a qualified installer, special rules apply: suppliers may continue to supply protective packaging where they reasonably believe the recipient is a qualified installer who will remove and dispose of packaging in the authorised manner (reg 17F(4)), and qualified installers must dispose of such packaging in the authorised manner, failing which they commit an offence (reg 17FA).

• Event organisers, adults and children. Regulation 18 makes it an offence to release balloons inflated with gas that causes them to rise in the air (reg 18(1)), and holds adults liable if a child in their care does so (reg 18(2)), subject to a defence that reasonable steps were taken (reg 18(3)). Event organisers, individuals releasing balloons, and adults supervising children are directly affected.

• Businesses using outdoor promotional signage. Regulation 18A prohibits outdoor use of “prescribed plastic film signage” for promotional or advertising purposes and attracts a $5 000 fine. Businesses that use banners, bunting or billboards made of soft plastic must switch to permitted materials (e.g. nylon, polyester fabric, woven mesh, or plasticised canvas as listed in reg 18A(1)(b)).

• Suppliers and users of expanded plastic packaging. Entities that use expanded plastic packaging in supply chains (manufacturers, shippers, e‑commerce businesses) are subject to the ban in reg 17F(1) unless an exception applies, with staged commencement for loose‑fill/packaging for pre‑packaged food (reg 17G) and for moulded packaging until 1 July 2025 (reg 17H). Those supplying protective moulded packaging for installation trades face the disposal obligations in regs 17EB-17FA.

• The CEO and Department. The CEO is the administrative decision maker who grants, specifies and revokes exemptions (reg 20), and publishes them on the Department’s website (reg 19). The CEO may require additional information before deciding an exemption (reg 21). The Department’s website acts as the statutory publication platform for exemptions and notices.

Geographical and transactional reach: Regulation 3D states these regulations apply if the person supplied is in the State, regardless of supplier location or contract formation. Practically, that extends obligations to suppliers outside WA if the recipient is physically in WA at the time of supply (for example, online retailers making deliveries to WA customers).

In short, the regulations primarily affect the downstream retail/foodservice sector, wholesalers and manufacturers of the listed plastic items, installers and construction or appliance suppliers using moulded protective packaging, event organisers, and service providers who use outdoor soft‑plastic signage. They also create compliance and record‑keeping obligations for wholesalers to establish reasonable grounds and for suppliers/manufacturers to have documentary support for any biodegradable certification relied on under the exceptions (regs 3A(4), 3B(4)).

The regulations create a set of duties (positive prohibitions and procedural expectations) and limited rights (permitted supplies, exemptions, defences) that determine legal risk and compliance steps.

Key statutory duties

• Duty not to supply prohibited items. The principal duty is a negative one: do not supply specified items in the course of conducting a business or undertaking. This covers 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 carries a monetary penalty of $5 000 where specified.

• Duty to avoid false or misleading statements. Suppliers and manufacturers must not give any information they know is false or misleading about composition or prescribed status of various items (regs 5, 16, 17B, 17E, 17I). The standard requires knowledge that the information is false or misleading, which is a culpable mental element.

• Duty on qualified installers to dispose protective packaging in an authorised manner. If protective packaging is supplied, the qualified installer must dispose of it only in the “authorised manner of disposal” (reg 17FA). The authorised manner is defined to include compliance with an EPR scheme or licensed premises (reg 17EB).

• Duty to keep certain supplies off general display or to supply straws only on request. For straws, suppliers must not keep straws on display or generally available in locations where the supply occurs if they are to rely on the permitted supply on request (regs 12(1)(a), 13(a), 14(1)(a)). Authorised businesses providing packs of straws must communicate restricted use and only supply on request (reg 14).

• Duty on wholesale suppliers to form reasonable beliefs. A wholesale supplier is authorised to supply certain items if they believe on reasonable grounds that the downstream recipient will use the item in permitted ways (e.g. to prepare pre‑packaged food, for medical uses, for aircraft service, or because an exemption applies , see regs 7(4), 15, 17F(3), 22). While not a formal record‑keeping obligation, the reasonable grounds standard implies an evidentiary expectation in enforcement contexts.

Key statutory rights and defences

• Permitted supplies and exceptions. The regulations explicitly permit defined supplies. These include goods that form part of sealed pre‑packaged food/drink (regs 7(2), 9), supplies by medical care providers (reg 10), supplies on aircraft (regs 7(3), 11), supplies at care facilities on request or due to medical necessity (reg 12), supply on request in non‑retail foodservice contexts (reg 13), packs of straws supplied by authorised businesses subject to communication and request constraints (reg 14), and wholesale supplies where reasonable grounds exist (regs 7(4), 15). For expanded packaging, exceptions exist for medical/scientific items, heavy moulded packaging (weighing 45 kg or more), manufacturer‑identified fragile items needing moulded protection, and for protective packaging supplied to qualified installers who will remove and dispose authorizedly (reg 17F(2)-(4)).

• CEO exemption. The CEO may grant exemptions by notice (reg 20). Exemptions can be general or targeted, conditional and time‑limited, and can be applied to persons or classes for supplies of prescribed items or degradable/microbead/expanded packaging items (reg 20(1)-(2C)). This statutory right to exemption is administratively controlled, and the CEO may require further information before making a decision (reg 21).

• Defence for adult supervising a child releasing a balloon. Under reg 18(3) an adult charged for a child’s balloon release has a statutory defence if they can prove they took reasonable steps in the circumstances to ensure the child did not release the balloon.

• Reasonable belief gateway for wholesalers. Wholesale suppliers have a practical defence built into the regulations where they can lawfully supply if they have reasonable grounds to believe downstream permitted use will occur (e.g. regs 7(4), 15, 17F(3), 22). That defence shifts enforcement focus to the facts known to the wholesale supplier.

Operational rights and administrative procedures

• Right to apply for exemption and to be heard indirectly. Regulation 21(1) allows exemptions to be granted “on application or on the CEO’s own initiative”. The CEO may request additional information prior to making a decision (reg 21(2)), so applicants have the right to submit supporting material and must be prepared to provide technical, commercial or safety information.

• Right to rely on certification. For certain biodegradable exclusions (regs 3A(3)(c)-(d), 3B(3)(a)), a product must be certified as compliant with AS 4736‑2006 or AS 5810‑2010 by an accredited person or body, and the certificate must be current (reg 3A(4) and 3B(4)). Suppliers can therefore rely on accredited certification to claim a statutory exclusion.

Limits and residual uncertainties

• No express private right of appeal against exemption decisions is set out in the regulations. The CEO may revoke or vary exemptions (reg 20(5)); judicial review remains the legal channel for challenging decisions but is not described in the instrument.

• The reasonable grounds concept is fact sensitive and lacks a statutory checklist of what constitutes reasonable grounds; enforcement will likely require contemporaneous evidence of procurement contracts, downstream customer profiles, order specifications or communications verifying intended use.

• The regulations do not establish administrative monitoring or audit powers in detail; they create offences and rely on enforcement action under the Environmental Protection Act system. The practical enforcement architecture (inspections, notices, seizure) sits outside the text of these regulations and is governed by the primary Act and Departmental practices.

In sum, duties are primarily negative (do not supply) with operational constraints on how certain items may be kept or issued. Rights consist of narrowly‑defined permitted supplies, wholesale belief gateways, and an administrative exemption scheme run by the CEO. Compliance therefore requires procurement and distribution changes, evidence to justify wholesale supplies, possibly certification for biodegradable items, and careful record‑keeping to defend against misinformation or supply offences.

The regulations specify monetary penalties and criminal elements but do not, within the text, set out detailed enforcement mechanisms such as search warrants, seizure powers or administrative infringement notices. Enforcement therefore must be read in conjunction with the Environmental Protection Act 1986 and Departmental enforcement practice; however the regulations supply the core offence elements and penalties.

Monetary penalties and offence structure

• Standard monetary penalty. The majority of supply offences and misinformation offences carry a uniform fine of $5 000, expressly stated in many provisions: prescribed plastic bag supply (reg 4), false or misleading information about prescribed plastic bags (reg 5), supply of prescribed plastic items (reg 7(1)), prescribed drinking straws (reg 8(1)), misinformation about prescribed items or straws (reg 16), supply of degradable plastic items (reg 17), misinformation about degradable items (reg 17B), supply of prescribed microbead products (reg 17C), misinformation about microbead products (reg 17E), supply of prescribed expanded plastic packaging (reg 17F(1)), misinformation about that packaging (reg 17I), release of balloons (reg 18), and use of plastic film signage outdoors (reg 18A(2)). Regulation 17FA imposes a $5 000 penalty on qualified installers who dispose of protective packaging other than in the authorised manner.

• Knowledge element for misinformation offences. The misinformation offences require the supplier or manufacturer to “know” that the information is false or misleading (regs 5, 16, 17B, 17E, 17I). That introduces a culpable mental element , prosecution must prove knowledge, not merely negligence or recklessness. The text therefore distinguishes between misstatements of opinion or mistake and deliberate misrepresentations.

• Strict liability vs fault. For the core supply offences the regulations do not always specify an express fault element. The supply prohibitions apply to persons “in the course of conducting a business or undertaking” who “must not supply” listed items (regs 4, 7(1), 8(1), 17, 17C, 17F(1)). Where statutory defences or exceptions exist (e.g. wholesale supplier reasonable grounds, permitted supplies), those are fact‑based and can be relied upon by defendants.

Enforcement procedure and administrative discretion

• No enforcement apparatus described in the regulation text. The regulations create offences under the Environmental Protection Act framework but do not by themselves set out investigation powers, infringement notice mechanisms or administrative penalty schemes. Enforcement therefore depends on the enforcement tools available under the Environmental Protection Act 1986, including authorised officers, notices, prosecutions and other sanctions available to the Department and relevant enforcement authorities. Practitioners should consult the Act and Departmental guidance for operational enforcement processes.

• CEO’s exemption, revocation and variation powers. The CEO may grant, vary or revoke exemptions (reg 20(1), (5)), and must specify a period for the exemption (reg 20(4)). That creates an administrative control point that can be used to temper enforcement in specified cases. Exemptions are published on the Department’s website (reg 19) and can be applied for or initiated by the CEO (reg 21(1)).

Evidentiary implications

• Wholesale supplier reasonable grounds. The repeated “reasonable grounds” standard applicable to wholesale suppliers (reg 7(4), reg 15, reg 17F(3), reg 22) implies that enforcement will turn on the contemporaneous facts available to the supplier. Suppliers should maintain records demonstrating customer identity, purchase orders, written statements of downstream intended use, contracts, or communications supporting a reasonable belief.

• Certification for biodegradable exceptions. The statutory exceptions that rely on certification (regs 3A(4), 3B(4)) mean that enforcement may involve review of certificates and the accreditation of certifiers. Certificates must be issued by persons or bodies “accredited in a manner approved by the CEO” and must be unexpired. Practically, enforcement officers will seek certificates and accreditation details to determine whether an item falls within an exception.

• Proof of mental elements. For misinformation offences the prosecution must establish knowledge that an assertion was false or misleading. That shifts enforcement emphasis onto documentary communications, labelling decisions, marketing materials and internal quality control or certification records.

Penalty exposure and multiple offences

• Per‑offence application. The penalties are expressed per offence. A single business could face multiple offences for repeated supplies, for separate products, or for different branches/transactions. There is no cap in the regulations on aggregate fines across multiple contraventions.

• Alternative enforcement routes. While not specified in the instrument, enforcement authorities may have other compliance tools such as infringement notices, compliance notices or directions under the Environmental Protection Act. Practitioners should consult the principal Act and Departmental enforcement policies to assess risk of administrative penalties versus prosecution.

Administrative and practical enforcement risks

• Transition timing and ramping enforcement. The regulations set out phased commencement and temporary exceptions (for example, barrier bags until 1 March 2024 in reg 4A; meat and dairy barrier bags until 1 October 2026 in reg 4B; and staggered dates for other items in regs 7A-7C, 17A, 17D, 17G-17H). The combination of phased prohibitions, wholesale reasonable‑grounds gateways, and CEO exemptions will complicate enforcement and may require inspectors to assess compliance against current commencement dates and published exemptions.

• Cross‑jurisdictional supply enforcement. Regulation 3D extends the prohibitions to supplies that occur in the State regardless of supplier location. That raises practical enforcement questions where online or interstate suppliers deliver goods to WA consumers; enforcement will require coordination with customs, postal services or interstate regulatory counterparts and clarity on which authority has jurisdiction to investigate and prosecute a supplier physically outside WA.

In sum, the regulatory instrument prescribes $5 000 fines for a range of supply and misinformation offences, creates fact‑sensitive defences and exemptions, and relies on the broader enforcement architecture of the Environmental Protection Act for investigation and sanctioning. Compliance records, certificates and contemporaneous documentation are central to defending against enforcement, particularly for wholesalers and manufacturers.

The regulations are explicitly framed to work within a network of other statutory instruments and standards. They reference Commonwealth definitions (for example aged care), Australian Standards for biodegradable certification, the Waste Avoidance and Resource Recovery Act 2007, the Environmental Protection Regulations 1987, and other written laws. Interaction points create both operational obligations and referral pathways.

Direct references to other State and Commonwealth laws and standards

• Environmental Protection Act 1986. These regulations are a subordinate instrument under the Environmental Protection Act 1986. Enforcement mechanisms, administrative processes and broader environmental law context are provided by that parent Act. The regulations do not replicate enforcement powers in the Act but create offences within that legislative framework.

• Australian Standards for biodegradability. The definition of “certified as biodegradable” requires compliance with AS 4736‑2006 or AS 5810‑2010 and a certificate from an accredited person or body approved by the CEO (regs 3A(4), 3B(4)). That makes compliance contingent on external standards and on the CEO’s accreditation regime.

• Waste Avoidance and Resource Recovery Act 2007 and Extended Producer Responsibility (EPR). The authorised manner of disposal for prescribed expanded plastic packaging explicitly includes disposal that complies with an extended producer responsibility scheme implemented under the Waste Avoidance and Resource Recovery Act 2007 or Commonwealth law (reg 17EB(a)(i)-(ii)). This links producer disposal obligations to EPR frameworks and creates a regulatory bridge between product supply bans and waste management schemes.

• Environmental Protection Regulations 1987. Reg 17EB refers to disposal at premises specified in the Environmental Protection Regulations 1987 Schedule 1 Part 2 as category 89 premises and registered under regulation 5B of those regulations (reg 17EB(b)). This ties acceptable disposal options to licensed facility categories under the 1987 Regulations.

• Sectoral Acts referenced in definitions. The regulations draw in other legislation for definitions: Private Hospitals and Health Services Act 1927 (private hospital), Health Services Act 2016 (public hospital), Aged Care Act 1997 (residential care), National Disability Insurance Scheme rules (specialist disability accommodation), School Education Act 1999 (school), Building and Construction Industry (Security of Payment) Act 2021 (construction work) and Health Practitioner Regulation National Law (WA) for the list of medical professions (reg 3). These references mean the regulations’ scope for care facilities, medical contexts and construction‑related packaging dovetails with sectoral regulatory definitions, ensuring consistency on institutional categorisation.

Operational interactions and compliance implications

• Certification and accreditation interplay. The biodegradable exclusions require third‑party certification compliant with Australian Standards and accreditation “in a manner approved by the CEO” (regs 3A(4), 3B(4)). That creates an administrative overlay where compliance depends on the CEO’s approval criteria for accrediting bodies and on maintaining valid certificates. Producers will need to ensure certificates remain valid and certifiers remain approved by the CEO.

• EPR and waste infrastructure. By making authorised disposal for expanded packaging subject to EPR schemes and licensed premises (reg 17EB), the regulations integrate supply prohibitions with waste infrastructure obligations. Businesses supplying expanded packaging must ensure disposal routes are available and compliant , if no EPR scheme is operating they must rely on licensed premises or a prescribed premises with a licence. The regulations therefore interact materially with waste policy and licensing regimes.

• Interaction with product labelling and consumer protection law. The series of misinformation offences that criminalise knowingly false or misleading statements about composition or whether an item is prescribed (regs 5, 16, 17B, 17E, 17I) will interact with consumer protection and trade practices laws concerning false or misleading conduct. While the regulations create separate criminal offences with the knowledge element, overlaps with Australian Consumer Law or State fair trading rules are possible; businesses will need to align labelling, marketing and claims across regimes.

• Contractual and supply chain impacts. The extraterritorial application (reg 3D) and wholesale reasonable‑grounds gateway (reg 7(4), reg 15, reg 17F(3)) will influence contractual terms, indemnities, and supply chain due diligence. Suppliers outside WA shipping to WA customers will need contractual assurances on intended use or to develop distribution arrangements that avoid contraventions. Downstream users may require contractual representations about intended use to enable wholesalers to form reasonable grounds.

Administrative law and review

• CEO discretion and administrative law. The CEO’s power to grant, vary or revoke exemptions (reg 20) and to require further information (reg 21(2)) means administrative decisions will be made under the regulations. Those decisions are public (published on the Department’s website, reg 19), and although the regulations do not provide appeal rights, affected parties retain judicial review remedies under general administrative law if a CEO decision is argued to be unlawful, unreasonable or procedurally flawed.

• Interaction with local government and planning law. The regulations’ effect on packaging and signage (reg 18A) could intersect with local government planning controls (signage approvals) and event permits. A ban on soft‑plastic signage outdoors will require businesses and event organisers to seek alternative materials accepted under local signage controls and modify consent or permit applications accordingly.

Transitional and amendment effects

• Staged commencement and amendments. The compilation table and transitional provisions (regs 4A, 4B, 7A-7C, 17A, 17D, 17G-17H) show the regulations have been amended multiple times with staggered commencements up to 2025. Businesses must track amendments and commencement dates as they interact with other legislative changes, EPR scheme rollouts, and availability of certified substitute products.

In short, the regulations do not operate in isolation. They cross‑reference and depend upon Australian Standards, waste management and licensing regimes, sectoral legislative definitions, and administrative processes. Compliance planning therefore requires reading these regulations alongside EPR developments, the Environmental Protection Act enforcement regime, certification processes, and sectoral licensing frameworks.

The regulations have been amended several times since their original 2018 enactment, producing staged rollouts, added prohibited categories, and new administrative mechanisms. The compilation table in the instrument lists multiple amendment instruments and commencement dates; those amendments substantially expanded scope and introduced new Parts.

Chronology and principal amendments

• 2018 original instrument. The initial instrument appeared as the Environmental Protection (Plastic Bags) Regulations 2018 and started operation with most provisions from 1 July 2018, with regs 4 and 7(2) commencing on 1 January 2019 (see reg 2 and compilation table). The original focus was on plastic bags, with progressive expansion thereafter.

• 2021 amendment (SL 2021/215). This instrument amended the citation and added further provisions; parts intended to commence were deleted by a subsequent 2022 instrument prior to operation (see compilation table note 2). The 2021 changes were an intermediate step in widening the regulatory scope.

• 2022 amendment (SL 2022/64). This amendment introduced Part 3 prohibitions on prescribed plastic items and Division structure, added definitions, and expanded the regulatory reach. Several headings and definitions were inserted on 3 June 2022 and commenced on differing dates (Pt 2 on 4 Jun 2022; Pt 3 Div 1 on 1 Jul 2022; Pt 4 on 1 Oct 2022, per compilation table). It also added CEO exemption mechanics (regs 19-22 were later inserted by 2022/64 and modified in following years).

• 2023 amendment (SL 2023/13). This instrument further expanded the instrument to add regulations on degradable plastics, microbeads, expanded plastic packaging, and transitional exemptions, and included multiple carved‑out commencement dates (for example reg 4A allowing barrier bag supplies until 1 March 2024). The 2023 amendments inserted Parts 3A-3C and regs 17-17I and added transitional rules such as regs 7A-7C, 17A, 17D, 17G and 17H. These changes took effect on 1 March 2023 for the amendment and various subsequent dates for substantive prohibitions.

• 2024 amendment (SL 2024/86). This instrument inserted reg 18A, creating an offence to use prescribed plastic film signage outdoors for promotional or advertising purposes. The regulations on signage commenced on 1 June 2024 (see compilation table).

• 2025 amendment (SL 2025/163). This amendment further updated definitions and the expanded packaging regime, including the authorised manner of disposal (reg 17EB), qualified installer obligations (reg 17EA, 17FA), and delayed some prohibitions such as meat and dairy barrier bags until 1 October 2026 (reg 4B). The compilation table indicates that most of this instrument came into effect on 1 October 2025, with the instrument published on 17 September 2025.

Key staging and transitional provisions

• Barrier bags. Regulation 4A provides that reg 4 does not apply to a barrier bag as defined in reg 3B(1)(b) unless the supply occurs on or after 1 March 2024. The 2025 amendment adds reg 4B excluding meat and dairy barrier bags until 1 October 2026. These carve‑outs create a phased approach to bag prohibitions.

• Prescribed plastic items and degradable plastic items. Regulations 7A, 7B, 7C set out staged non‑application of reg 7(1) to particular items until 1 Sept 2023, 1 March 2024, and 1 Sept 2024 respectively. Separately, reg 17 (degradable plastic items) was inserted with reg 17A specifying it does not apply to supplies before 1 Sept 2023, signaling a transfer of certain items from reg 7 to reg 17 on that date per reg 3A(2A) note.

• Microbeads and expanded packaging. Parts for microbead products (regs 17C-17E) and expanded plastic packaging (regs 17EA-17I) were added in 2023 with transitional non‑application for certain supplies before 1 Sept 2023 (reg 17D, reg 17G) and a delayed prohibition on moulded packaging until 1 July 2025 (reg 17H).

• CEO exemption effective dates. Regulation 20(6) places limits on the earliest start dates for exemption periods published under reg 20: for regs 7 and 8 related exemptions, periods cannot begin before 1 July 2022; for regs 17, 17C or 17F(1) related exemptions, periods cannot begin before 1 Sept 2023. That preserves the sequencing intended by earlier amendments.

Consequences of the amendment pattern

• Expanded scope over time. The amendment history shows a progression from a targeted ban on plastic bags to a wider single‑use plastics and expanded‑packaging programme over several years. Stakeholders needed to monitor multiple amendment instruments and differenced commencement dates for compliance.

• Regulatory layering. New Parts and provisions were layered atop the original instrument, producing cross‑references (for example cross‑moving certain items into the degradable plastics regime on 1 Sept 2023 per reg 3A(2A) notes). That makes legal advice time sensitive , whether a product falls under reg 7 or reg 17 depends on date and material composition.

• Administrative integration. Later amendments increased the CEO’s administrative role (exemptions and accreditation approvals for certification) and connected supply prohibitions to waste management and EPR frameworks (reg 17EB). The 2025 amendments further tied protective packaging disposal to licenced disposal facilities.

Practitioners should consult the compilation table and the specific amendment instruments for exact dates of operation, and maintain a chronological compliance matrix because obligations and offences in force for a given product depend on amendment timing.

The text of the regulations supplied contains no citations to judicial decisions, and there are no cases named in the instrument itself. The compilation does not list any litigation history. Accordingly, there is no litigation history recorded within this legislative document to cite or analyse.

What this means in practice

• No statutory case law in the instrument. Because the regulations themselves do not cite cases, and the compilation provides no litigation references, practitioners should not expect statutory explanatory case law arising from these particular provisions in the text provided. Any enforcement challenges, judicial review proceedings or prosecutions under these regulations would be pursued in Western Australian courts and tribunals, but those outcomes are not recorded here.

• Anticipating litigation themes. Although no cases are recorded, the structure of the regulations indicates the types of legal questions likely to arise in litigation or administrative review: (a) the interpretation of “in the course of conducting a business or undertaking” (reg 3C) and when a supply falls within that scope; (b) the meaning and evidentiary standard for “reasonable grounds” for wholesale suppliers (regs 7(4), 15, 17F(3)); (c) the proof required to establish that a supplier “knows” information is false or misleading (regs 5, 16, 17B, 17E, 17I); (d) the CEO’s exercise of exemption powers, including procedural fairness and reasonableness in granting, revoking or varying exemptions (reg 20); and (e) the extraterritorial operation of the supply offences to supplies that “occur in the State” (reg 3D).

• Potential administrative law challenges. Challenges to CEO exemption decisions or to the adequacy of accreditation frameworks for biodegradable certification could be brought by judicial review. Similarly, disputes over whether disposal methods comply with the “authorised manner of disposal” in reg 17EB could produce litigation involving EPR scheme interpretation or licensing under the Environmental Protection Regulations 1987.

Because the legislative text contains no litigation history, practitioners must search case law databases and administrative decisions outside this instrument to locate any reported decisions interpreting or applying these regulations. The absence of cases in the instrument should not be taken as evidence there have been no challenges; it simply means none are recorded or embedded in the regulation text.

The regulations contain a number of technical features and traps for business and compliance officers. These practical pitfalls arise from definitional subtleties, staged commencements, evidentiary expectations for wholesale suppliers, CEO discretion, the breadth of “supply”, and intersecting obligations with waste and certification schemes.

• Extraterritorial supply scope. Regulation 3D extends application to supplies that “occur in the State” irrespective of supplier location or contract formation. An online or interstate supplier that ships goods to a WA recipient may therefore be caught if the supply occurs when the person supplied is in WA. Businesses selling into WA but based interstate should not assume location of the supplier determines compliance.

• “Supply” is broad. “Supply” includes sell, provide and make available (reg 3). That can capture goods made available at events, via vending, in hotel rooms, or included inside other products (subject to some exceptions). For example, cups or utensils that are sealed inside pre‑packaged products are permitted (regs 7(2), 9), but items made available at service counters may be caught.

• Degradable versus biodegradable distinction. The regulatory treatment diverges sharply between “degradable plastic” (materials with additives that accelerate fragmentation) and “biodegradable plastic” (microbial breakdown into CO2, water, biomass, and mineral residue without fragmentation additives). From 1 September 2023 degradable plastic items transfer to a separate ban under reg 17 (see reg 3A(2A) note and reg 17A). Businesses marketing “biodegradable” or “degradable” products must ensure their terminology aligns with these legal definitions and with certification standards. Using marketing terms without appropriate certification may expose firms to misinformation offences (e.g. regs 16, 17B).

• Certification requirements and CEO approval. The biodegradable exceptions require certification under AS 4736‑2006 or AS 5810‑2010 by a certifier accredited “in a manner approved by the CEO” (regs 3A(4), 3B(4)). That approval is within executive control; a certificate that meets standard lab tests but comes from a certifier not approved by the CEO will not satisfy the statutory exclusion. Manufacturers should confirm the CEO’s list of approved accrediting bodies and maintain current certificates.

• Wholesale “reasonable grounds” is fact‑sensitive. Wholesale suppliers have a defence when they believe on reasonable grounds that the purchaser will use items in permitted ways (for example, to prepare pre‑packaged food , reg 7(4)). What constitutes “reasonable grounds” is not specified. Wholesalers should create contemporaneous documentation: written orders specifying intended use, customer declarations, contractual representations, or supply chain attestations. Absent documentation, regulators may challenge the reasonableness of the supplier’s belief.

• Staged commencements and differing dates across products. Multiple transitional rules mean the same nominal product may have different legal statuses at different times (e.g. barrier bags excluded until 1 March 2024 under reg 4A, but meat and dairy barrier bags excluded until 1 October 2026 under reg 4B). Firms need a timelineed compliance plan by SKU and material type; failure to track commencement dates risks accidental contraventions when transition periods expire.

• Packaged exceptions have narrow scope. Several exceptions apply only where the item forms part of sealed pre‑packaged food (regs 7(2), 9) or where lids are attached to food containers supplied with non‑eat‑in food (regs 7(2A)-(2B)). Practically, this means calorific or take‑away items may be treated differently depending on whether the product was prepared and sealed before sale or made to order. Businesses supplying pre‑packed products should ensure packaging meets the “pre‑packaged” definition (reg 3) to rely on the exception.

• Straws: display and request requirements. For drinking straws, permitted supply in retail contexts is tightly constrained. Non‑retail businesses supplying straws at the request of a customer must not keep straws on display or where generally available (reg 13). Authorised businesses supplying packs of straws must both keep packs off public display and communicate that straws are only for medical, disability or therapeutic purposes, or rely on customer assertion (reg 14). Failure to keep straws off general display can negate the permitted supply pathway.

• Misinformation offences require proof of knowledge. Misinformation offences target information the supplier “knows is false or misleading” (regs 5, 16, 17B, 17E, 17I). Though that demands a higher burden for prosecution, suppliers should not assume mislabelling is harmless: internal records, marketing approvals and quality assurance steps can be scrutinised to establish knowledge.

• Protective packaging and installer disposal obligations. Regulation 17F(4) allows supply of protective packaging when the supplier believes the recipient is a qualified installer who will remove and dispose of packaging in the authorised manner. But reg 17FA separately makes it an offence for the qualified installer to dispose of protective packaging other than in the authorised manner. Thus, suppliers must ensure qualified installers have disposal contracts or access to authorised disposal locations; installers must organise authorised disposal (EPR compliance, registered category 89 premises, or prescribed licensed premises per reg 17EB). Failure by the installer to dispose properly exposes the installer to fines.

• Signage material caveats. Reg 18A bans “prescribed plastic film signage” outdoors for promotional purposes; however, it expressly excludes certain materials (nylon, polyester fabric, woven mesh, plasticised canvas) from the definition of soft plastic (reg 18A(1)(b)). Businesses using vinyl film banners should switch to permitted fabrics. Misreading the exclusion could lead to prohibited signage continuing in use.

• CEO exemption dependence and uncertainty. The CEO’s power to grant exemptions (reg 20) is a primary relief mechanism but is entirely discretionary, time‑limited and may be conditional. Businesses may rely on exemptions only after publication on the Department’s website; pending applications do not prevent enforcement of prohibitions already in force. This creates transitional uncertainty for businesses awaiting exemption decisions.

In sum, the principal “gotchas” are definitional mismatches between marketing language and statutory definitions, the broad and transactional notion of supply, the evidential expectations for wholesale suppliers, the CEO’s centralised and discretionary exemption power, staged commencement dates that vary by item and material, and disposal obligations that connect supply to licensed waste infrastructure. Practical compliance requires SKU‑level legal review, documentation of customer intended use, certification audits, and waste‑management contracting.

Compliance requires a combination of product review, procurement changes, documentation protocols, staff training, certification checks, and waste management arrangements. Below are concrete steps mapped to specific regulatory text.

1. Inventory and SKU audit by legal and procurement teams

• Map every product to regulatory definitions. For each SKU determine whether it is a “prescribed plastic item” (reg 3A), “prescribed plastic bag” (reg 3B), “prescribed drinking straw” (reg 3BA), “degradable plastic item” (reg 3), “prescribed microbead product” (reg 3), or “prescribed expanded plastic packaging” (reg 3BB).
• Check material composition: is the item made wholly or partly of plastic; is it expanded plastic; is it biodegradable (per reg 3) or degradable (per reg 3)? Note: from 1 Sept 2023 degradable plastic items are regulated under reg 17 (reg 3A(2A) note).
• Cross‑reference commencement dates and transitional exceptions (regs 4A, 4B, 7A-7C, 17A, 17D, 17G-17H and compilation table) to determine current legal status for each SKU.

2. Procurement and product substitution

• Source alternative materials that fall outside the prohibited definitions. Options include paperboard certified as biodegradable (regs 3A(3)(c)-(d)), fabrics excluded from “soft plastic” in reg 18A(1)(b) for signage, nylon/polyester/mesh/canvas for banners (reg 18A). For bags, consider non‑plastic woven or non‑woven polypropylene meeting reg 3B(3)(d)-(e) specifications.
• Confirm supply chain availability of substitutes to avoid stockouts when prohibitions commence.

3. Certification and accreditation verification

• For items reliant on a biodegradable exclusion, obtain and maintain certificates that demonstrate compliance with AS 4736‑2006 or AS 5810‑2010 and ensure the certifying person or body is accredited “in a manner approved by the CEO” (reg 3A(4), 3B(4)). Keep certificates current and readily producible.
• Track CEO’s list and accreditation requirements via the Department’s website (reg 19).

4. Wholesale supplier procedures and documentation

• If you are a wholesale supplier relying on the “reasonable grounds” gateway (regs 7(4), 15, 17F(3), 22), implement a documented process to obtain and retain evidence of downstream intended use: written purchaser declarations, purchase order terms specifying use, contracts with downstream manufacturers, or other reliable indicia.
• Train sales staff to secure and log representations from buyers that justify reasonable grounds. Preserve emails, order confirmations and signed statements for enforcement defence.

5. Sales and in‑store display controls (especially for straws)

• For drinking straws, ensure that single straws are not on general display or generally available where they may be freely taken unless providing under a permitted supply (regs 12-15). For non‑retail foodservice, provide a straw only on request (reg 13).
• For authorised businesses supplying packs of straws (reg 14), maintain off‑display storage and a procedure for communicating that straws are restricted to medical, disability, or therapeutic purposes; retain records of communication where practical.

6. Labelling and marketing compliance

• Review product labelling and marketing claims about “biodegradable”, “compostable” or “degradable”. Because misinformation offences criminalise giving information a supplier “knows is false or misleading” (regs 5, 16, 17B, 17E, 17I), ensure marketing statements are accurate and substantiated by certificates or lab tests.
• Establish internal approval processes for labelling claims and retain evidence of technical support to rebut any allegation of knowledge.

7. Waste and disposal arrangements for expanded packaging and protective packaging

• For businesses supplying or installing items using protective moulded packaging, establish contracts with waste service providers that meet the “authorised manner of disposal” (reg 17EB). Options include disposal via an operating EPR scheme under the Waste Avoidance and Resource Recovery Act 2007, licensed category 89 premises under the Environmental Protection Regulations 1987, or prescribed premises with the relevant licence.
• Qualified installers must ensure, contractually, that they have access to authorised disposal channels and document disposal in case of inspection (reg 17FA). Suppliers should verify installers’ disposal arrangements prior to supply where relying on reg 17F(4) exception.

8. Exemption planning and applications

• If a business requires ongoing ability to supply a prescribed item for operational reasons, prepare an exemption application to the CEO (regs 20-21). Include technical, safety, and supply chain information showing why the exemption is reasonably necessary. Note that the CEO may require additional information (reg 21(2)).
• Monitor the Department’s website for published exemptions (reg 19) and ensure that if relying on published exemptions, the exemption covers the exact class, goods and timeframe applicable (reg 20(3)-(4)). Remember exemptions are time‑limited and may not begin before the statutory earliest start dates (reg 20(6)).

9. Event and signage compliance

• Event organisers and individuals must avoid releasing gas‑inflated balloons that will rise into the air (reg 18). For children, adults should implement and document reasonable preventative steps (reg 18(3)) to avoid liability.
• Replace outdoor soft‑plastic film signage with permitted materials such as nylon, polyester fabric, woven mesh or plasticised canvas (reg 18A(1)(b)).

10. Training, policies and record retention

• Implement staff training covering which items are prohibited, permitted exceptions, and how to respond to customer requests for straws or bags. Train cashier and floor staff to refuse provisioning of prohibited items.
• Maintain records for at least the likely enforcement horizon: certification documents, wholesale buyer representations, exemption notices, disposal receipts from authorised facilities, and order logs demonstrating compliance with staged prohibit dates.

11. Legal review and liaison

• Obtain periodic legal reviews to ensure ongoing compliance as the regulatory landscape and EPR schemes evolve. Track amendments and new CEO notices published on the Department’s website.
• For interstate or remote suppliers shipping to WA customers, ensure contracts include representations and warranties about intended recipient location and intended use to mitigate extraterritorial risk under reg 3D.

12. Contingency planning for stranded inventory

• Create inventory rotation and stock‑write plans for prohibited items phased out by impending commencement dates (e.g. 1 March 2024 for barrier bags per reg 4A, 1 Oct 2026 for meat and dairy barrier bags per reg 4B). Consider discounts, return to supplier agreements, or conversion to permitted uses where feasible.

13. Insurance and indemnity review

• Review product liability and regulatory risk insurance to confirm coverage for prosecution defence costs, fines (subject to insurer policy), and recall or disposal costs. Update supplier contracts to allocate regulatory risk and compliance costs.

14. Engage with certifiers and waste operators

• For businesses reliant on biodegradable exclusions or authorised disposal routes, engage proactively with accredited certifiers, and with licensed waste facilities or EPR scheme administrators, to secure capacity and documentation proving compliance with reg 17EB.

By following these steps, businesses can align procurement, labelling, sales practices, wholesaling documentation, and waste management arrangements with the specific duties and exceptions in the regulations (notably regs 3A-3BB, 4, 7-8, 9-15, 17-17I, 18-18A, and 19-22). The core compliance pillars are accurate classification, documentary evidence for exceptions, certification where required, and waste‑disposal arrangements for expanded protective packaging.