Environmental Protection (Prohibited Plastics) Regulations 2018 (Western Australia)

These regulations create a prohibition framework, with phased commencements and limited exceptions, on the supply and use of specified single‑use plastic items, expanded plastic packaging, microbead products, degradable plastics, certain plastic film signage, and the release of gas‑filled balloons in Western Australia. Mechanically, they:

Prohibit retailers and other persons conducting a business or undertaking from supplying defined categories of plastic bags (regulation 4), prescribed plastic items (regulation 7), prescribed drinking straws (regulation 8), degradable plastic items (regulation 17), prescribed microbead products (regulation 17C), and prescribed expanded plastic packaging (regulation 17F), subject to enumerated exemptions and transition dates. Each primary supply offence carries a penalty stated in the regulation, typically a fine of $5 000 (see regs 4, 7(1), 8(1), 17, 17C, 17F(1), 18A(2)).
Create an offence for releasing gas‑filled balloons that ascend into the air (regulation 18(1)), and extend liability to adults for balloons released by children in their care unless a reasonable‑steps defence is established (regulation 18(2)-(3)). There are specific carve‑outs including scientific releases and indoor releases that do not make their way into the open air (regulation 18(4)).
Ban outdoor use of “prescribed plastic film signage” (soft plastic banners, bunting, signs) for promotional or advertising purposes (regulation 18A), again with a $5 000 penalty (reg 18A(2)).
Provide offences for giving false or misleading information about the composition or status of regulated items (regulations 5, 16, 17B, 17E, 17I). These false‑information offences apply to suppliers and manufacturers and carry $5 000 fines.

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 regulations build on a set of interlocking definitional concepts that determine scope and compliance obligations. The decisive mechanics are definitions, supply offences, transitional carve‑outs, and an administrative exemption pathway.

Key definitional mechanisms

Broad definition of supply: “supply” explicitly includes sell, provide and make available (regulation 3). That term anchors the offence provisions and extends liability beyond a narrow sale transaction to any means of making an item available to a person.
“Conduct a business or undertaking”: defined in regulation 3C to cover solo or joint activity and whether or not for profit, preserving liability across commercial, charitable and not‑for‑profit activities.
Item categories framed by material and function: “prescribed plastic item” lists specific disposable items (cutlery, cups, lids, plates, food containers, trays, bowls, cotton buds, etc.) and includes items made wholly or partly from biodegradable plastic or plastic‑laminated paper/cardboard (regulation 3A(1)-(2)). “Prescribed plastic bag” distinguishes carry bags with handles and barrier bags without handles for unpackaged produce/dairy/meat (regulation 3B(1)). “Prescribed drinking straw” is a disposable plastic item (regulation 3BA). “Prescribed expanded plastic packaging” captures loose‑fill, packaging for non‑perishable/pre‑packaged food and moulded protective packaging (reg 3BB(1)).
Distinction between “biodegradable plastic,” “degradable plastic” and “degradable plastic item”: biodegradable plastic is defined as plastics broken down by microorganisms without fragmentation accelerants (regulation 3); degradable plastic explicitly means plastics that contain additives intended to accelerate fragmentation into smaller pieces and excludes biodegradable plastic (regulation 3). From 1 September 2023 degradable plastics are captured by a separate offence (regulation 17 and reg 3A(2A)/3B(2A)/3BA(3) notes). That preserves a framing where different technology classes are regulated by different rules.

Transitional and phased application

The regulations include multiple temporal exceptions that defer the operation of supply offences to later dates for certain item categories (for example, reg 4A, 4B, 7A-7C, 17A, 17D, 17G-17H). These transition rules operate by declaring that the relevant offence “does not apply to the supply before” a stated date, providing time for market adjustment, certification, stock depletion or substitution.

Wholesaler and downstream belief standard

Wholesale suppliers receive a specific exception where they may supply regulated items if they “believe on reasonable grounds” the downstream recipient will use the item in a permitted way (see regs 7(4), 7B(2), 7C(2), 15). The reasonable‑grounds belief standard is a recurring compliance hinge for supply chains.

False or misleading information offences

Regulations 5, 16, 17B, 17E and 17I criminalise knowingly false or misleading statements about composition or status. These are targeted at suppliers and manufacturers and effectively require documentary accuracy and traceability for claims about composition and whether an item is a prescribed item.

Disposal and installer obligations for expanded packaging

Part 3C introduces an authorised manner of disposal for prescribed expanded plastic packaging (regulation 17EB) and creates an offence for qualified installers who dispose of “protective packaging” other than in the authorised manner (regulation 17FA). The authorised disposal routes include operation under an extended producer responsibility scheme (Waste Avoidance and Resource Recovery Act 2007 or Commonwealth law), category 89 premises registered under Environmental Protection Regulations 1987, or prescribed premises licensed to accept the packaging (regulation 17EB).

Administrative discretion and exemptions

The CEO may grant exemptions by notice on the Department’s website where the CEO “considers that it is reasonably necessary to do so” (regulation 20(1)-(2C)), may impose conditions, specify time periods, and revoke or vary notices (regulation 20(3)-(5)). Periods for exemptions must not begin before set baseline dates (regulation 20(6)). An application process is provided (regulation 21) and the effect of exemptions on wholesale supply beliefs is defined (regulation 22).

Net effect for markets

Mechanically, the regulations move commercial choices away from specified single‑use plastics and certain packaging formats. The definitions and exceptions create specific compliance pathways: use of biodegradable paperboard certified to AS 4736‑2006 or AS 5810‑2010 can avoid classification as a prescribed plastic item or bag (reg 3A(3)(c)-(d) and 3A(4); 3B(3)(a)-(4)), while transitional windows and CEO exemptions permit staged market responses. The extraterritorial application to supplies occurring within the State (reg 3D) means suppliers located interstate or overseas can be caught if the supply occurs in WA.

These regulations reach across supply chains, public events, and specific professional actors. The following categories of persons and entities have obligations or can be affected by the prohibitions and ancillary rules.

Retailers and businesses supplying goods directly to consumers

Retailers are directly liable where the regulation expressly prohibits retailers from supplying prescribed plastic bags to carry goods sold by them (regulation 4). For other prescribed items, liability attaches to “a person … in the course of conducting a business or undertaking” supplying an item (regulation 7(1); 8(1); 17(1); 17C; 17F(1)). Regulation 3 defines “conduct a business or undertaking” to include solo or joint activities and whether or not for profit (regulation 3C), thus covering cafes, restaurants, takeaway outlets, event vendors, convenience stores, and non‑profit vendors.

Wholesale suppliers and manufacturers

Wholesale suppliers are given conditional exceptions in multiple places (regs 7(4), 7B(2), 7C(2), 15, 17F(3), 22). The exception permits upstream supply where the wholesale supplier “believes on reasonable grounds” that downstream recipients will use the items in permitted ways. Wholesale suppliers must evidence or hold reasonable grounds for their belief; otherwise they may face primary offence exposure.
Manufacturers are affected by false or misleading information offences (regs 5, 16, 17B, 17E, 17I), requiring accurate composition claims and possibly records supporting labelling or certification statements.

Businesses using or supplying packaging and installation services

Entities that use or supply expanded plastic packaging are caught by Part 3C. Suppliers of protective packaging that is to be removed by a qualified installer have an exception provided the installer will remove and dispose of the packaging in the authorised manner (regulation 17F(4)). Qualified installers themselves are subject to a disposal offence (regulation 17FA) obliging them to dispose only in authorised ways.

Medical and care providers, authorised businesses

The regulations preserve supply channels for legitimate medical and care purposes: medical care providers may supply prescribed drinking straws in the course of practice (regulation 10), and authorised businesses such as pharmacies, businesses supplying medical/dental products, certain local government centres, libraries, and licensed charitable organisations are defined as “authorised businesses or undertakings” and can supply packs of straws under specified conditions (regulation 3, 14).

Care facilities, hospitals and educational institutions

The definition of “care facility” (regulation 3) includes public and private hospitals, aged‑care residential facilities, specialist disability accommodation enrolled under NDIS rules, clinics, schools, community health services and disability support facilities. These facilities have limited exceptions to supply straws to persons in their care when requested or reasonably required for medical, disability or therapeutic purposes (regulation 12).

Event organisers and the public

The balloon release offence (regulation 18) affects event organisers, individuals, and adults responsible for children. It captures any person who releases or permits release of a gas‑inflated balloon into the air, with a specific adult liability for children in their care (regulation 18(1)-(2)). Indoor releases that do not reach open air and scientific releases are carved out (regulation 18(4)).

Signage and advertising firms

Businesses that use soft plastic banners, bunting or similar plastic film signage outdoors for promotional/advertising purposes are prohibited from doing so (regulation 18A). This affects sign‑makers, event marketers and political or commercial advertisers using such material outdoors.

Supply chains extending interstate/overseas

The regulations apply to supplies that “occur in the State” even if the supplier or contract is outside the State (regulation 3D). That captures interstate and some cross‑border online suppliers where the supply is to a person in WA. Businesses operating nationally need to treat WA as a distinct compliance jurisdiction.

Government, regulators and the CEO

The CEO of the Department has the power to grant exemptions, impose conditions, specify time periods and revoke exemptions by notice on the Department’s website (regulations 20-22). That centralised administrative discretion means affected industries must monitor the Department’s website for notices that create or alter compliance pathways.

Who bears costs and enforcement risk

Costs fall on suppliers, manufacturers, wholesalers and event organisers to change procurement, labelling, stock and disposal practices. Compliance risk centres on the reasonable‑grounds belief for wholesalers, documentation for composition claims, and proper disposal routes for installers and others handling expanded packaging (regulations 7(4), 16, 17EB, 17FA). Penalties for failures are monetary fines (commonly $5 000), and public administrative action derives from the CEO’s exemption regime and publication mechanisms (reg 20).

The regulations create discrete duties to refrain from specified supplies and to maintain truthful communications, and grant authorities certain administrative rights to grant exemptions and set conditions. They also confer limited defences and exceptions.

Principal duties to refrain from supplying

Duty not to supply prescribed plastic bags: a retailer must not supply a prescribed plastic bag to a person for the person to carry goods sold by the retailer (regulation 4). The penalty is a fine of $5 000.
Duty not to supply prescribed plastic items: a person conducting a business or undertaking must not supply prescribed plastic items (regulation 7(1)). Penalty: fine of $5 000.
Duty not to supply prescribed drinking straws: a person conducting a business or undertaking must not supply a prescribed drinking straw, subject to permitted supply exceptions (regulations 8(1), 9-15). Penalty: $5 000.
Duty not to supply degradable plastic items: prohibition on supply in the course of a business or undertaking (regulation 17(1)). Penalty: $5 000.
Duty not to supply prescribed microbead products: prohibition under regulation 17C(1). Penalty: $5 000.
Duty not to supply prescribed expanded plastic packaging: prohibition under regulation 17F(1), subject to listed exceptions and wholesale belief exceptions (regulation 17F(2)-(4)). Penalty: $5 000.
Duty not to release gas‑filled balloons into the air: person must not release or permit release (regulation 18(1)). Penalty: $5 000. Adults may be liable for children in their care (regulation 18(2)), with a reasonable‑steps defence (reg 18(3)).
Duty not to use prescribed plastic film signage outdoors: prohibition under regulation 18A(2) for promotional/advertising outdoor use. Penalty: $5 000.

Truthful information duties

Suppliers and manufacturers must not knowingly give false or misleading information about composition or whether an item is prescribed (regulation 5 for bags, regulation 16 for items and straws, regulation 17B for degradable plastics, regulation 17E for microbeads, regulation 17I for expanded packaging). Penalty: fine of $5 000.

Exceptions, permitted supplies and defences

Detailed permitted supplies for straws include pre‑packaged products (regulation 9), supplies by medical care providers (reg 10), supplies on aircraft (reg 11), supplies in care facilities when requested or reasonably required (reg 12), supplies on request with food or drink where not generally available (reg 13), and authorised businesses supplying packs of straws under controlled communications and requests (reg 14). Wholesale supplies are permitted under a reasonable‑grounds belief (regulation 15).
Prescribed plastic items that are part of sealed pre‑packaged food or drink products are excepted (regulation 7(2)). Other carve‑outs for cups/bowls containing non‑eat‑in food, catering platters, and aircraft service are set out at regs 7(2A)-(2D) and 7(3).
Transition carve‑outs exempt some items before later dates (regs 4A, 4B, 7A-7C, 17A, 17D, 17G-17H). These reduce immediate duty for certain categories for a defined period.
Reasonable‑grounds beliefs by wholesale suppliers create a conditional right to supply (regs 7(4), 15, 17F(3), 22).
CEO discretion to exempt persons or classes from specified prohibitions creates an administrative right for affected parties to seek relief; exemptions may be conditional and time‑limited (regulations 20-22). The CEO must publish notices on the Department’s website and may require applicants to provide further information (regulations 20(1)-(6), 21).

Obligations on qualified installers and disposal duties

Qualified installers who receive protective packaging must not dispose of it other than in an authorised manner (regulation 17FA). The authorised manner references extended producer responsibility schemes and specific licensed or registered premises (regulation 17EB).

Recordkeeping and evidentiary implications

While the regulations do not specify a detailed recordkeeping regime, the repeated “believes on reasonable grounds” standard and the false or misleading information offences make documentary evidence of composition, certification, wholesaler due diligence and disposal pathways practically necessary to support compliance and any defence.

Limits on regulatory rights

The regulations do not themselves create enforcement powers such as search, seizure, or administrative penalty regimes beyond the stated fines. They also do not set out specific inspection procedures or agency enforcement protocols in the text provided; enforcement mechanisms beyond the monetary penalties are not described in these regulations.

Monetary fines are the central punitive instrument in these regulations. Enforcement design relies on criminal offences with fixed fines and administrative notices for exemptions; however, the regulations do not articulate a detailed enforcement architecture within the text provided.

Monetary penalties

The text establishes a uniform fine quantum for supply offences, false or misleading information offences, balloon release and signage offences in most instances: a fine of $5 000 is the penalty for the primary supply offences and related contraventions (see regs 4; 5; 7(1); 8(1); 16; 17(1); 17B; 17E; 17I; 17C; 17F(1); 17FA; 18(1)-(2); 18A(2)). Several provisions explicitly state “Penalty: a fine of $5 000.”
The regulations do not set out a scale of fines that varies with corporate size or repeat offending in the text provided; the penalty is a single monetary amount per contravention.

Defences and evidentiary structures

The adult‑responsibility provision includes an express defence: for adults charged under regulation 18(2), it is a defence to prove they took reasonable steps in the circumstances to ensure the child did not release the balloon (regulation 18(3)). The regulations do not define “reasonable steps”; that term will be assessed by a court on the facts.
For wholesale supply exceptions and other belief‑based exceptions, the test is whether the supplier “believes on reasonable grounds” that downstream use will be permitted (regs 7(4), 15, 17F(3), 22). That creates an evidential burden to demonstrate reasonable grounds if compliance is challenged.

Enforcement process and responsible agencies

The regulations do not, within the text provided, name the enforcement agency, nor do they specify powers for inspectors, seizure, infringement notice regimes, or administrative penalties beyond fines incorporated into the offence provisions. Enforcement would therefore proceed under the general enforcement mechanisms available under the Environmental Protection Act 1986 and other applicable law, but those enforcement mechanisms are not recited or elaborated in these regulations.

Administrative enforcement levers via exemptions

The CEO’s power to grant, vary and revoke exemptions (regulation 20) is an administrative control point: the CEO can manage compliance outcomes for classes of persons by granting time‑limited conditional exemptions published on the Department’s website. The CEO can require applicants to provide additional information (regulation 21). The effect of an exemption is to remove the prohibition for the named supply (regulation 22).

Criminal liability for false or misleading statements

Multiple regulations make it an offence for suppliers or manufacturers to give information they know to be false or misleading about composition or whether an item is a prescribed item (regulations 5, 16, 17B, 17E, 17I). These offences raise enforcement risks for marketing and product labelling, and logically create an incentive for documentary proof of composition claims.

Scope for injunctive or civil remedies

The regulations do not themselves create injunctive relief or civil penalty regimes as part of their text. Whether injunctive relief or additional civil penalties are available would depend on other provisions of the Environmental Protection Act 1986 or other legislation and is not specified here.

Practical enforcement risks

The combination of a broad “supply” definition, extraterritorial application to supplies occurring in the State (reg 3D), and false‑information offences increases enforcement reach into online sales and supply chains. Wholesale suppliers face the specific risk of being required to demonstrate “reasonable grounds” for their beliefs about downstream use if challenged. Qualified installers face a disposal offence under regulation 17FA that requires them to ensure authorised disposal routes are used.

The regulations are drafted to operate in a statutory ecosystem and reference other written laws for definitions, certification standards, and authorised disposal routes. Several explicit cross‑references affect scope and interaction with other statutory regimes.

Definitions referencing other Acts and standards

Pharmacy Act 2010: the definition of “authorised business or undertaking” includes a pharmacy with premises registered under the Pharmacy Act 2010 s 39(1) (regulation 3). This imports the registration status from that Act to determine who can qualify for authorised business status (regulation 3).
Health and care statutes: “care facility” references definitions drawn from the Private Hospitals and Health Services Act 1927 (private hospital definition, reg 3), the Health Services Act 2016 (public hospital definition, reg 3), the Aged Care Act 1997 (Commonwealth) for residential care definitions, and the National Disability Insurance Scheme rules for specialist disability accommodation (regulation 3). That links care‑facility exceptions to established licensing and registration regimes.
Australian Standards for biodegradable plastics: regs 3A(4) and 3B(4) require certification that a product complies with AS 4736‑2006 or AS 5810‑2010 and that the certificate’s period of validity has not expired in order for some paperboard items and barrier bags to be excluded from being “prescribed” (reg 3A(4); 3B(4)). The biodegradable barrier bag standard (labelling, handles, pigmentation, opacity and bag opening circumference) is to be published by the CEO on the Department’s website (3B(4)(a)(ii)). That means compliance with these regulations will require alignment with private standards and certification regimes.

Disposal and waste regimes

Regulation 17EB defines the authorised manner of disposal for prescribed expanded plastic packaging in terms that refer to existing waste regulatory frameworks:
- Extended producer responsibility schemes implemented under the Waste Avoidance and Resource Recovery Act 2007 or Commonwealth law (reg 17EB(a)(i)-(ii)).
- Disposal at premises of a kind specified in Environmental Protection Regulations 1987 Schedule 1 Part 2 as category 89 premises that are registered under regulation 5B of those regulations (reg 17EB(b)).
- Disposal at prescribed premises with a licence authorising acceptance for recycling or disposal (reg 17EB(c)).

Thus, the regulations do not create a new disposal regime but import existing waste licensing, registration and EPR frameworks. Businesses must therefore interact with those statutes and regulations when implementing disposal procedures.

Building and construction interface

Prescribed expanded plastic packaging excludes packaging used to protect items designed for construction work as defined in the Building and Construction Industry (Security of Payment) Act 2021 s 6 (reg 3BB(3)(d)). This narrows application in the construction sector and requires cross‑reference to that Act to determine whether an item qualifies.

Environmental Protection Act 1986

These regulations are made under the Environmental Protection Act 1986. While the text provided does not reproduce the parent Act’s enforcement and administrative provisions, the Act’s broader enforcement powers, offence constructs and procedural mechanisms are likely to be relevant in practice. The regulations use the CEO position and Department’s website for exemption administration consistent with delegated powers under the parent Act (reg 20).

Commonwealth laws and standards

The authorised manner of disposal includes disposal under a law of the Commonwealth and references Commonwealth schemes (reg 17EB(a)(ii)). Medical care and aged care definitions draw on Commonwealth Acts. The extraterritorial application (reg 3D) may raise cross‑border sales issues where Commonwealth consumer or trade laws operate, although those interactions are not spelled out in the regulations.

Records, certification and trade marks

The false or misleading information offences will interact with obligations under the Australian Consumer Law and other statutes that govern misleading conduct and product claims. While the regulations themselves criminalise knowing false statements about composition or status (regs 5, 16, 17B, 17E, 17I), parallel civil obligations under consumer protection law could also be engaged, even though not referenced in the text.

Interaction summary

Practically, businesses must coordinate compliance across product standards (AS 4736 and AS 5810), certification bodies, waste management licensing and registration (Environmental Protection Regulations 1987; Waste Avoidance and Resource Recovery Act 2007), health and pharmaceutical licensing (Pharmacy Act 2010; Health Services Act 2016), and construction product exclusions (Building and Construction Industry (Security of Payment) Act 2021). The CEO’s exemption power creates a single administrative interface for statutory relief, but the disposal and certification requirements bind industry to separate statutory systems and private accreditation schemes.

The compilation table and amendment notes within the regulations record multiple legislative instruments that have amended the regulations since original publication. The text includes both phased commencement instructions and amendment citations.

Original instrument and sequencing

The regulations were originally published as the Environmental Protection (Plastic Bags) Regulations 2018 and are now cited as the Environmental Protection (Prohibited Plastics and Balloons) Regulations 2018 (regulation 1 note and compilation table). Regulation 2 sets staged commencement dates: regs 1 and 2 on publication day; regs 4 and 7(2) from 1 January 2019; and the remainder from 1 July 2018 (regulation 2).

Key amending instruments recorded in the compilation table

Environmental Protection Regulations Amendment (Prohibited Plastics and Balloons) Regulations 2021 (SL 2021/215), Pt 2 Div 1: published 17 December 2021, commenced 1 January 2022 for some parts (compilation table). Certain parts of that instrument were deleted before operation (compilation notes indicate Pt 3 Div 1 and Pt 4 of SL 2021/215 were deleted before they could commence: compilation note 2).
Environmental Protection Regulations Amendment (Prohibited Plastics and Balloons) Regulations 2022 (SL 2022/64): amending parts came into operation on various dates in 2022. The 2022 instrument made multiple insertions and amendments (see marginal notes throughout the text such as “inserted: SL 2022/64 r. 14” etc.) and included, for example, the new Part structure and the Division headings (the headings indicate insertion by SL 2022/64).
Environmental Protection Regulations Amendment (Prohibited Plastics and Balloons) Regulations 2023 (SL 2023/13): this instrument inserted several regulations including those governing degradable plastics, microbeads, and expanded plastic packaging, and provided transition dates like 1 March 2023 commencement for certain provisions (see compilation table: SL 2023/13 published 24 Feb 2023, commencement 1 Mar 2023).
Environmental Protection Regulations Amendment (Prohibited Plastics and Balloons) Regulations 2024 (SL 2024/86): inserted regulation 18A (soft plastic film signage) and commenced 1 June 2024 (compilation table).
Environmental Protection (Prohibited Plastics and Balloons) Amendment Regulations 2025 (SL 2025/163): latest amendments (published 17 Sep 2025, main provisions commence 1 Oct 2025 per compilation table). The 2025 amending instrument inserted provisions such as 3B(4) and new parts in Part 3C (17EA-17I) governing prescribed expanded plastic packaging, authorised disposal, installer obligations, and extended definitions (moulded packaging). It also inserted regulation 4B (meat and dairy barrier bag carve‑out to 1 Oct 2026), and added or amended transitional and certification rules (see multiple “inserted” and “amended” marginal notes in regs 3A, 3B, 3BB, 17EB-17FA).

Transitional amendments and delays

The regulations include multiple transitional provisions added or amended across the instruments. Examples: reg 4A (barrier bags not covered by r4 until 1 March 2024) was inserted by SL 2023/13 r. 9; reg 4B (meat and dairy barrier bags delayed until 1 October 2026) was added by SL 2025/163 r. 10. Similarly, regs 7A, 7B and 7C set staged commencement exceptions for various item categories (SL 2023/13 r. 12). Regulation 17 and its transitional reg 17A were inserted by SL 2023/13 r. 14.

Certification and standards amendments

The 2025 amendments introduced a requirement that barrier bags seeking exclusion as “certified as biodegradable” must comply with AS 4736‑2006 or AS 5810‑2010 and the CEO’s Biodegradable barrier bag standard published on the Department’s website (reg 3B(4)). This is notable because it moves from an earlier, simpler definitions regime to one that ties regulatory exclusion to accredited certification and an administrative standard published on the Department’s website.

Compilation notes and deletions

The compilation table records that some earlier amendment parts were deleted before operation (note 2 under “Other notes”). Several marginal notes in the text indicate where previous provisions were deleted or replaced (e.g., regulation 6 deleted: SL 2023/13 r. 10).

Practical import of amendment history

The amendment history shows iterative expansion of scope (from plastic bags towards many single‑use items, microbeads, degradable plastics and expanded packaging), increased technical specificity (standards and certification), and phased transitions. For compliance planning, businesses must track both the regulations and the Department’s website for the CEO’s biodegradable barrier bag standard and any exemption notices. The compilation table records the multiple commencement dates businesses must observe (see regulation 2 and compilation table).

The text of the regulations, compilation table and closing notes do not record any judicial decisions or appeals arising from these regulations. The instrument itself lists amendments, commencement dates and notes about deleted amendment parts but does not provide, nor purport to provide, case law or litigation history.

Implications of absence of litigation history in the text

The absence of published litigation history within the regulations is not an indication that no litigation exists; it simply reflects that the statutory text and compilation do not catalogue judicial decisions. Practitioners must search court and tribunal databases, or consult legal databases, to discover litigation that interprets provisions such as “reasonable grounds,” “supply,” or the ambit of exemptions. None are named in the instrument provided.

Points likely to generate litigation or contested interpretation

The regulations create standards and defences that courts frequently adjudicate, for example:
- The “reasonable grounds” test for wholesale supplier exceptions (regs 7(4), 15, 17F(3), 22) may generate evidentiary disputes about what constitutes reasonable inquiry, documentation and due diligence.
- The falsity element in the false or misleading information offences requires proof that the supplier “knows” the information is false or misleading (regs 5, 16, 17B, 17E, 17I), a mental element that can be contentious in prosecution and defence.
- The adult reasonable‑steps defence to a child’s balloon release (reg 18(3)) is fact‑specific and may be litigated in close cases.
- Interpretation of “supply” and extraterritorial application (reg 3 and 3D) as applied to online sales to persons in the State may give rise to jurisdictional and applicability disputes.
The interaction with certification standards (AS 4736 and AS 5810) and the CEO’s biodegradable barrier bag standard (reg 3B(4)) could prompt disputes over the validity or sufficiency of certificates, their expiry, and the scope of accreditation.

Recommendation for practitioners

Given none are recorded in the instrument, practitioners should check up‑to‑date legal databases and court registries for any judicial interpretation of these provisions. They should also anticipate disputes on reasonable‑grounds and knowledge elements and prepare documentary evidence accordingly.

These regulations contain several drafting features and operational traps that can catch suppliers, wholesalers, installers and event organisers unaware. Each “gotcha” is grounded in the regulation text and creates concrete compliance risk.

Broad definition of supply and extraterritorial reach (regulations 3 and 3D)

“Supply” includes sell, provide and make available (regulation 3). Coupled with regulation 3D, the regulations apply to supplies that occur in the State even if the supplier or contract is outside WA. Online platforms and mail‑order suppliers who make items available to WA residents may be captured.

Wholesaler “reasonable grounds” standard is a practical evidentiary threshold (regs 7(4), 15, 17F(3), 22)

Wholesale supply exceptions require the wholesale supplier to “believe on reasonable grounds” the downstream recipient will use items in a permitted way. There is no prescribed checklist; hence businesses need records to demonstrate the belief was reasonable (emails, contracts, buyer statements). Absence of such records exposes the wholesaler to the $5 000 penalty.

Multiple overlapping definitions and carve‑outs (regs 3A, 3B, 3BB)

The same physical product can fall into different categories depending on material (biodegradable vs degradable vs plastic‑laminated), use (food container vs pre‑packaged product), and whether it is expanded plastic (reg 3A, 3B, 3BB). For example, paperboard items certified as biodegradable are excluded (reg 3A(3)(c)-(d)), but plastic‑laminated paper still can be captured (reg 3A(2)(b)). Misclassification risks contravention.

Certification requirements with expiry (regs 3A(4), 3B(4))

Exclusions for items “certified as biodegradable” require an accredited person or body to issue a certificate verifying compliance with AS 4736‑2006 or AS 5810‑2010, and the certificate’s period of validity must not have expired (reg 3A(4); 3B(4)(b)). Businesses relying on certification must monitor validity periods and accreditation status; expired certificates do not protect supply.

Transition dates differ by item and may change over time (regs 4A, 4B, 7A-7C, 17A, 17D, 17G-17H)

A product exempt today may be captured after a transition date. For example, barrier bags were exempt from reg 4 until 1 March 2024 (reg 4A), and meat and dairy barrier bags have a carve‑out until 1 October 2026 (reg 4B). Procurement that relies on transitional stock must plan for later compliance.

Multiple false or misleading information offences with knowledge element (regs 5, 16, 17B, 17E, 17I)

The offence applies when the supplier “knows” information is false or misleading. This subjective mens rea can be difficult to defend where corporate systems had poor recordkeeping. Claims about composition, biodegradable status or whether an item is prescribed require clear documentation.

Installer disposal obligation for protective packaging (regs 17EB, 17F(4), 17FA)

Qualified installers who remove protective packaging face a disposal offence if they fail to dispose in the authorised manner (reg 17FA). The authorised options include disposal under an extended producer responsibility scheme or at registered/licensed premises (reg 17EB). Installers must confirm disposal arrangements in advance to avoid personal liability.

Narrow exceptions for pre‑packaged items and sealed packaging (regulation 7(2))

Prescribed plastic items contained inside sealed pre‑packaged food or drink products are permitted (reg 7(2)), but the exception does not apply to items made from expanded plastic (reg 7(2D)). Supply chains for pre‑packaged goods must verify materials used.

Care facility and medical exceptions allow supply without proof (regs 10-12, 14)

Medical care providers and authorised businesses can supply straws under stated conditions without needing to obtain documentary proof of medical requirement (regulations 10, 12(2), 14(2)). While helpful operationally, this creates potential for abuse and consequent investigations; businesses should implement internal controls to limit over‑use.

CEO exemption process is discretionary and administratively controlled (regs 20-22)

Exemptions depend on the CEO’s view that it is “reasonably necessary” to do so and are published on the Department’s website (regulation 20(1)-(2C)). There is no statutory right to an exemption; applicants must provide further information if required (regulation 21(2)). The timing of exemption notices and their conditions can materially affect business decisions.

No express enforcement agency or infringement notice scheme in the regulations

The regulations set offence provisions and fines but do not specify inspection powers, administrative infringements or enforcement procedures in the text provided. This leaves uncertainty about how enforcement will be operationalised in practice and what procedural avenues exist for compliance notices or remedial directions.

Outdoor signage prohibition is limited by material, not content (regulation 18A)

Regulation 18A bans “prescribed plastic film signage” outdoors for promotional or advertising purposes; the ban is material‑based (soft plastic) rather than content‑based. Businesses may need to change materials rather than messaging. The definition of soft plastic explicitly excludes nylon, polyester fabric, woven mesh and plasticised canvas (reg 18A(1)(b)(i)-(iv)).

Planning and mitigation of these gotchas require product audits, supplier contracts that create traceable commitments, certification management, records to support reasonable‑grounds beliefs, disposal arrangements for installers, and monitoring of CEO notices and the Department’s website.

Compliance requires a programme combining product classification, procurement changes, recordkeeping, staff training, contractual controls and interaction with certification and waste regimes. The steps below map specific actions to the regulatory text.

Conduct a product audit against the regulations’ definitions (reg 3, 3A, 3B, 3BA, 3BB)

Identify all items supplied or used that could be “prescribed”: carry bags, barrier bags, cutlery, cups, lids, plates, food containers, trays, bowls, cotton buds, drink stirrers, catering platters, prescribed expanded plastic packaging, prescribed drinking straws, degradable plastics, microbead products (regs 3, 3A, 3B, 3BA, 3BB).
For each SKU, record material composition, presence of biodegradable/degradable additives, whether the item is plastic‑laminated paper, if packaging is sealed/pre‑packaged, and whether items are expanded plastic (reg 3A(2), 3A(3), 3B(2), 3BB(1)-(2)). Pay attention to exclusions for paperboard items “certified as biodegradable” (reg 3A(3)(c)-(4)) and barrier bag certification rules (reg 3B(3)-(4)).

Update procurement and supply contracts to reflect prohibitions and “reasonable grounds” standards (regs 7(4), 15, 17F(3), 22)

For wholesalers: require written representations from downstream buyers that their use is permitted and obtain contracts or purchase orders that confirm intended permitted use. Keep records to demonstrate the “reasonable grounds” basis for believing downstream compliance.
For manufacturers: ensure product specifications exclude degradable additives that would recast a product as a “degradable plastic” subject to regulation 17 unless intentionally supplied under that regime, and implement certification and labelling systems that track compliance.

Maintain composition and certification documentation to defend against false information offences (regs 5, 16, 17B, 17E, 17I)

Retain certificates for items certified as biodegradable, including the certificate’s validity period and details of the accrediting body (reg 3A(4); 3B(4)(a)-(b)). Establish document retention policies so certificates do not lapse unknowingly.
For all composition claims, maintain supplier declarations, lab test results, and internal approvals to demonstrate that any statement was not made knowing it to be false.

Implement product substitution strategies and inventory management aligned to transition dates (regs 4A, 4B, 7A-7C, 17A, 17D, 17G-17H)

Date‑stamp inventory and plan for stock depletion or conversion to compliant materials before the relevant transition date. For barrier bags, note different dates for general barrier bags and meat/dairy barrier bags (reg 4A; 4B). For prescribed plastic items, consult regs 7A-7C for item‑specific transition windows.

For expanded packaging: arrange authorised disposal channels and installer procedures (regs 17EB, 17F(4), 17FA)

Identify whether packaging qualifies as “protective packaging” and, if it will be removed by a qualified installer, ensure installers are contractually obliged to remove and dispose of packaging in an “authorised manner” (reg 17F(4)).
Confirm disposal routes meet the definition in regulation 17EB: enrol in an applicable extended producer responsibility scheme, identify category 89 premises registered under Environmental Protection Regulations 1987 (reg 17EB(b)), or secure acceptance at licensed prescribed premises (reg 17EB(c)).

Train frontline staff and event organisers on permitted and prohibited practices (regs 4, 7, 8, 12-15, 18, 18A)

For retail staff: prohibit supply of prescribed plastic bags (reg 4). Train staff in alternatives (paper, reusable bags meeting specified fabric thresholds in reg 3B(3)(d)-(e)).
For cafes and foodservice: instruct on permitted supply of items attached to sealed pre‑packaged products (reg 7(2)), food containers with lids for non‑eat‑in food (reg 7(2A)-(2B)), and circumstances when cups for hot drinks or lids are permitted during transition periods (reg 7B).
For events and schools: enforce the balloon ban at outdoor events and ensure balloons do not ascend into air (reg 18). Keep records demonstrating reasonable steps taken to prevent children releasing balloons where applicable (reg 18(3)).

Apply for CEO exemptions where necessary and monitor Department’s website notices (regs 20-22)

If particular supplies are essential and cannot be substituted, apply for an exemption under regulation 20. Prepare the factual justification and supporting evidence since the CEO may require further information (regulation 21).
Monitor the Department’s website for published exemption notices, the Biodegradable barrier bag standard (reg 3B(4)(a)(ii)), and any revocations or variations (reg 20(3)-(5)).

Review marketing and signage practices (reg 18A)

Cease outdoor use of soft plastic banners and film signage for promotional or advertising purposes (reg 18A(2)). Use excluded materials such as nylon, polyester fabric or plasticised canvas (reg 18A(1)(b)(i)-(iv)), or non‑plastic alternatives for outdoor advertising.

Document and implement disposal and waste contracts

For companies handling expanded plastic packaging or protective packaging, secure contracts with waste service providers that detail licensed acceptance, registration under Environmental Protection Regulations 1987, or EPR scheme compliance. Keep manifests and disposal receipts to show authorised disposal (reg 17EB).

Keep up to date with amendments and commencement dates (regulation 2 and compilation table)

The compilation table records amending instruments and their commencement dates. Assign compliance responsibility to a legal or regulatory monitoring function to track changes and adjust procurement/planning accordingly.

Recordkeeping checklist (practical)

Supplier composition declarations and lab reports.
Biodegradable certification documents and accreditor details with expiry dates (reg 3A(4); 3B(4)).
Contracts and buyer representations validating downstream uses for wholesale supplies.
Disposal manifests and receipts for expanded packaging showing authorised disposal routes (reg 17EB).
Exemption applications and any published exemption notices from the CEO (regs 20-22).
Staff training records for prohibited items, balloon policies, and signage controls.

Following these steps maps directly to the regulatory text and reduces exposure to the $5 000 fines and the false information offences embedded in the regulations.

Deep Dive

What it does

Current sections