sec.99GCMeaning of banned single-use plastic item

### sec.99GC Meaning of banned single-use plastic item A banned single-use plastic item is a single-use plastic item that— is— a plate; or a bowl; or an item of cutlery; or a straw; or a stirrer; or a takeaway food container made, in whole or part, of expanded polystyrene (EPS); or a cup made, in whole or part, of expanded polystyrene (EPS); or is prescribed by regulation to be a banned single-use plastic item. However, a single-use plastic item that is prescribed by regulation not to be a banned single-use plastic item is not a banned single-use plastic item. The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) (b) or (2) about whether or not a single-use plastic item is a banned single-use plastic item (a proposed change ) only after— carrying out consultation with the public about the proposed change; and considering all of the following— the results of the public consultation about the proposed change; whether making the proposed change is likely to achieve the objects of this part; whether voluntary or other measures to achieve the objects of this part have been shown not to be effective; if the proposed change is to prescribe a single-use plastic item to be a banned single-use plastic item— the availability of alternative products to the single-use plastic item; and whether the costs of monitoring, enforcement and market development are proportional to the benefits of the proposed change. In this section— cutlery — means utensils for eating food; and includes chopsticks, splayds and sporks. s 99GC ins 2021 No. 5 s 5 amd 2023 No. 15 s 19 (2A), (3A), (4), definition shelf-ready product exp 31 December 2025 (see s 99GC(3A)) (sec.99GC-ssec.1) A banned single-use plastic item is a single-use plastic item that— is— a plate; or a bowl; or an item of cutlery; or a straw; or a stirrer; or a takeaway food container made, in whole or part, of expanded polystyrene (EPS); or a cup made, in whole or part, of expanded polystyrene (EPS); or is prescribed by regulation to be a banned single-use plastic item. (sec.99GC-ssec.2) However, a single-use plastic item that is prescribed by regulation not to be a banned single-use plastic item is not a banned single-use plastic item. (sec.99GC-ssec.3) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) (b) or (2) about whether or not a single-use plastic item is a banned single-use plastic item (a proposed change ) only after— carrying out consultation with the public about the proposed change; and considering all of the following— the results of the public consultation about the proposed change; whether making the proposed change is likely to achieve the objects of this part; whether voluntary or other measures to achieve the objects of this part have been shown not to be effective; if the proposed change is to prescribe a single-use plastic item to be a banned single-use plastic item— the availability of alternative products to the single-use plastic item; and whether the costs of monitoring, enforcement and market development are proportional to the benefits of the proposed change. (sec.99GC-ssec.4) In this section— cutlery — means utensils for eating food; and includes chopsticks, splayds and sporks. - (a) is— (i) a plate; or (ii) a bowl; or (iii) an item of cutlery; or (iv) a straw; or (v) a stirrer; or (vi) a takeaway food container made, in whole or part, of expanded polystyrene (EPS); or (vii) a cup made, in whole or part, of expanded polystyrene (EPS); or - (i) a plate; or - (ii) a bowl; or - (iii) an item of cutlery; or - (iv) a straw; or - (v) a stirrer; or - (vi) a takeaway food container made, in whole or part, of expanded polystyrene (EPS); or - (vii) a cup made, in whole or part, of expanded polystyrene (EPS); or - (b) is prescribed by regulation to be a banned single-use plastic item. - (i) a plate; or - (ii) a bowl; or - (iii) an item of cutlery; or - (iv) a straw; or - (v) a stirrer; or - (vi) a takeaway food container made, in whole or part, of expanded polystyrene (EPS); or - (vii) a cup made, in whole or part, of expanded polystyrene (EPS); or - (a) carrying out consultation with the public about the proposed change; and - (b) considering all of the following— (i) the results of the public consultation about the proposed change; (ii) whether making the proposed change is likely to achieve the objects of this part; (iii) whether voluntary or other measures to achieve the objects of this part have been shown not to be effective; (iv) if the proposed change is to prescribe a single-use plastic item to be a banned single-use plastic item— (A) the availability of alternative products to the single-use plastic item; and (B) whether the costs of monitoring, enforcement and market development are proportional to the benefits of the proposed change. - (i) the results of the public consultation about the proposed change; - (ii) whether making the proposed change is likely to achieve the objects of this part; - (iii) whether voluntary or other measures to achieve the objects of this part have been shown not to be effective; - (iv) if the proposed change is to prescribe a single-use plastic item to be a banned single-use plastic item— (A) the availability of alternative products to the single-use plastic item; and (B) whether the costs of monitoring, enforcement and market development are proportional to the benefits of the proposed change. - (A) the availability of alternative products to the single-use plastic item; and - (B) whether the costs of monitoring, enforcement and market development are proportional to the benefits of the proposed change. - (i) the results of the public consultation about the proposed change; - (ii) whether making the proposed change is likely to achieve the objects of this part; - (iii) whether voluntary or other measures to achieve the objects of this part have been shown not to be effective; - (iv) if the proposed change is to prescribe a single-use plastic item to be a banned single-use plastic item— (A) the availability of alternative products to the single-use plastic item; and (B) whether the costs of monitoring, enforcement and market development are proportional to the benefits of the proposed change. - (A) the availability of alternative products to the single-use plastic item; and - (B) whether the costs of monitoring, enforcement and market development are proportional to the benefits of the proposed change. - (A) the availability of alternative products to the single-use plastic item; and - (B) whether the costs of monitoring, enforcement and market development are proportional to the benefits of the proposed change. - (a) means utensils for eating food; and - (b) includes chopsticks, splayds and sporks.