7Prohibited plastic items

7 Prohibited plastic items

7 Prohibited plastic items

(1) In this Act—

prohibited plastic item means a plastic item that is—

(a) specified in Schedule 1, Part 1, or

(b) prescribed by the regulations.

(2) The Minister must not recommend the making of a regulation to prescribe a prohibited plastic item unless the Minister forms an opinion that the item is—

(a) unnecessary, or

(b) for environmental, human health or economic reasons, including reasons relating to waste management or resource management—problematic.

(3) Without limiting subsection (2), in forming an opinion that a plastic item is unnecessary or problematic, the Minister may consider the following—

(a) the precautionary principle,

(b) whether the plastic item—

(i) can be eliminated or replaced by an item that is not a plastic item or by a reusable plastic item without causing harm or significant disruption to consumers, or

(ii) is difficult to collect or recover through kerbside or similar publicly accessible collection and recovery systems and services, or

(iii) is made from material that is difficult or costly to recycle through commercially available recycling technologies, or

(iv) hinders, disrupts or obstructs opportunities for other materials or resources to be recovered, collected or recycled, or

(v) contributes significantly to litter, or

(vi) is made from material that may cause harm to human health or the environment, or

(vii) contains additives that accelerate the breakdown of the item into particles.

(4) The Minister must, as soon as practicable after forming an opinion, publish notice of the opinion in the NSW Government Gazette.

(5) A failure to publish a notice does not affect the making or validity of a regulation that prescribes a prohibited plastic item.

s 7: Am 2023 No 7, Sch 1.17[1] [2].