Legislative Council Fifty-Fourth Parliament, Second Session (54-2) 54 2 Parliament of South Australia Legislative Council published Bills Single-Use and Other Plastic Products (Waste Avoidance) Bill Single-Use and Other Plastic Products (Waste Avoidance) Bill Single-use and Other Plastic Products (Waste Avoidance) Bill Second Reading Second Reading The Hon. J.M.A. LENSINK Legislative Council Minister for Human Services The Hon. J.M.A. LENSINK (Minister for Human Services) (15:58): I move: That this bill be now read a second time. I seek leave to have the second reading explanation and explanation of clauses inserted in Hansard without my reading them. Leave granted. I am pleased to introduce the Single-use and Other Plastic Products (Waste Avoidance) Bill 2020 to the Legislative Council on behalf of the Minister for Environment and Water. This Bill restricts and prohibits certain single-use and other plastic products. By doing so, it promotes better waste management practices, including reducing marine and other litter, and supports the waste management hierarchy and principles of the circular economy. This legislation demonstrates South Australia's continued leadership in waste management and resource recovery. It also fulfils the government's commitment to take action following the overwhelming sentiment expressed by the community in response to the Turning the tide on single-use plastic products discussion paper. The message was clear—South Australians are concerned about the impacts of single-use and other plastics, and want the government to take action. The Bill has been developed in accordance with the Minister for Environment and Water's July 2019 announcement to develop legislation to address single-use and other plastic products, and has undergone consultation with a stakeholder taskforce as well as publicly. A summary of submissions received and the government's response has been published on the Green Industries SA website. The Bill prohibits the sale, supply or distribution of: single-use plastic drinking straws; single-use plastic cutlery; single-use plastic drink stirrers; expanded polystyrene cups; expanded polystyrene bowls; expanded polystyrene plates; and expanded polystyrene clam-shell containers. The Bill also prohibits the manufacture, production, sale, supply or distribution of all products made of oxo-degradable plastic. These are the plastic products that have additives to accelerate their breakdown into smaller pieces, which continue to exist in the environment for a very long time, contributing to global micro-plastic pollution. These products are not compostable, create confusion amongst the community and should be prohibited. In feedback on the Turning the tide discussion paper, the community suggested a number of other products for government intervention. The Minister for Environment and Water has already identified some products for further consideration. These include takeaway coffee cups, plastic bags and other takeaway food service items. Members of this chamber will likely have their own suggestions as well as from their constituents. In accordance with the Minister for Environment and Water's announcement last year, this Bill establishes a framework to consider additional products for inclusion in the legislation. The framework comprises public consultation to consider the reasons the product is being considered, the availability of alternative products, and potential exemptions that may be required. This will ensure impacts to businesses and the community are considered prior to adding other products to the legislation. Subject to passage through Parliament, the legislation will come into operation via proclamation. On commencement, single-use plastic drinking straws, cutlery, and drink stirrers will be prohibited from sale, supply or distribution. Following a period of 12 months, expanded polystyrene cups, bowls, plates and clam-shell containers, and oxo-degradable plastic products will be prohibited. I understand the Minister for Environment and Water has considered feedback from consultation on the draft Bill regarding commencement timeframes, and also taken into account that the government's intentions regarding the products listed in the Bill were made clear in the July 2019 announcement. When introducing the Bill to the House of Assembly, the Minister advised that he had determined that six months from the date of royal assent is sufficient for businesses to transition to alternative products for the initial prohibited products. This provides 18 months for businesses to make transitional arrangements for the other prohibited products. However, due to the coronavirus pandemic, the Minister also advised that he will give consideration to commencing the legislation at a later date to be cognisant of businesses that are and have been impacted by social distancing restrictions. The legislation contains provisions for exemptions to be made via regulations. The government has already flagged several exemptions that will be enacted via regulations under the Act. An important exemption that is purposely referenced in the Act, and has been raised from the outset of this initiative, is to enable access to single-use plastic drinking straws by people who require them due to a disability or medical requirement. To maintain a greater level of accessibility for people who require single-use plastic drinking straws, the government is proposing a general exemption that will allow for the sale and supply of these on request, without the need to provide proof. Ahead of and during implementation of the legislation, the government will be communicating with businesses to make it clear that it is not an offence under the legislation to provide single-use plastic drinking straws under these circumstances, and that proof is not required. Further, this legislation does not prevent members of the community from purchasing single-use plastic drinking straws online, or from bringing their own straws to establishments. Other exemptions that have been indicated include: products that are attached to another product at the point of manufacture and packaging (e.g. single-use plastic drinking straws attached to fruit boxes) products that are packaged with food contents for consumption (e.g. expanded polystyrene noodle cups) There is also the ability to exempt a product, or product of a class; or business, or business of a class, from the provisions of the Act should it be required. As these regulations are yet to be drafted, the Minister for Environment and Water released explanatory information to help inform Members and the community on the proposed exemptions, and to prompt feedback that will assist with their development. Other governments around Australia are also looking to tackle single-use plastic products. There are national initiatives underway, including actions under the National Waste Policy and response strategies to support the implementation of export bans agreed to by the Council of Australian Governments. South Australia is again the first mover on this waste management and resource recovery initiative, and we look forward to other jurisdictions following our lead. This Bill gives us the flexibility to add other plastic products in the future, and assist with harmonisation of approaches in other jurisdictions. I commend the Bill to Members. Explanation of Clauses Explanation of Clauses Part 1—Preliminary 1—Short title 2—Commencement 3—Interpretation These clauses are formal. 4—Application of Act This clause provides that the measure does not apply to a beverage container that may be returned to a retailer or collection depot for a refund in accordance with the Environment Protection Act 1993. 5—Objects of Act This clause sets out the objects of the measure. Part 2—Prohibited plastic products 6—Prohibited plastic products This clause sets out the definition of prohibited plastic product. It lists products that are a prohibited plastic product and allows for certain products to be included in, or excluded from, the definition by the regulations. This clause further provides that before a regulation may be made to include a product in the definition of prohibited plastic product, the Minister must undertake public consultation in accordance with the requirements set out in subclause (2). 7—Person must not sell, supply or distribute prohibited plastic products in course of carrying on a business This clause provides that a person commits an offence if the person sells, supplies or distributes a prohibited plastic product to another person in the course of carrying on a business. This offence applies even if the product is given to a person free of charge or if the product is incidental to, or part of, the sale, supply or distribution of other products, such as food or drinks. The offence does not apply if the person is the manufacturer, producer or distributor of the product and the product is supplied or distributed to a person outside of the State. The clause provides that it is a defence to a charge of the offence if the person is not either a manufacturer or producer of the product, or a wholesaler or distributor of the product in the course of carrying on a business, and proves that they believed on reasonable grounds that the product was not a prohibited plastic product. This clause expands the definition of a business to include an enterprise, association, organisation or other body regardless of whether its activities are of a commercial, charitable, sporting, educational or community nature. It further allows the regulations to include or exclude a particular business, or business of a class, generally or in specified circumstances, from the definition of a business for the purposes of this clause. 8—Person must not represent that product is not a prohibited plastic product This clause provides that a person commits an offence if they sell, supply or distribute a prohibited plastic product to another person and before or during the sale, supply or distribution represents to the other person that the product is not a prohibited plastic product. Part 3—Oxo-degradable plastic products 9—Person must not manufacture or produce oxo-degradable plastic products This clause provides that a person commits an offence if they manufacture or produce a product comprised of oxo-degradable plastic in the course of carrying on a business. 10—Person must not sell, supply or distribute oxo-degradable plastic products in course of carrying on a business This clause provides that a person commits an offence if the person sells, supplies or distributes a product comprised of oxo-degradable plastic to another person in the course of carrying on a business. This offence applies even if the product is given to a person free of charge or if the product is incidental to, or part of, the sale, supply or distribution of other products, such as food or drinks. The clause provides that it is a defence to a charge of the offence if the person is not either a manufacturer or producer of the product, or a wholesaler or distributor of the product in the course of carrying on a business, and proves that they believed on reasonable grounds that the product was not comprised of oxo-degradable plastic. This clause expands the definition of a business to include an enterprise, association, organisation or other body regardless of whether its activities are of a commercial, charitable, sporting, educational or community nature. It further allows the regulations to include or exclude a particular business, or business of a class, generally or in specified circumstances, from the definition of a business for the purposes of this clause. 11—Provision of manufacturer's or producer's certification as to oxo-degradable plastic content of plastic products This clause requires a person who manufactures or produces a plastic product in the course of carrying on a business to, if an authorised officer so requests in writing, provide to the Environment Protection Authority certification as to whether the product contains oxo-degradable plastic, unless there is a reasonable excuse for not doing so. This clause also requires a person who distributes a plastic product or sells or supplies a plastic product by wholesale in the course of carrying on a business to, if an authorised officer so requests in writing, provide to the Environment Protection Authority certification of the manufacturer or producer of the product as to whether the product contains oxo-degradable plastic, unless there is a reasonable excuse for not doing so. Certification under this section must be in the manner and form, and contain the information, determined by the Environment Protection Authority and must be provided within 30 days of the request. 12—Person must not represent that product is not comprised of oxo-degradable plastic This clause provides that a person commits an offence if they know, or should reasonably know or suspect, that a product sold, supplied or distributed by them is comprised of oxo-degradable plastic and before or during the sale, supply or distribution represents that the product is not comprised of oxo-degradable plastic. Part 4—Miscellaneous 13—Delegation This clause provides that the Minister may delegate a function or power under this measure. 14—Interaction with Environment Protection Act This clause provides that this Act and the Environment Protection Act 1993 are to be read together and construed as if the 2 Acts constituted a single Act and, if there is an inconsistency between the provisions of the two Acts, the provisions of this Act prevail for the purposes of the operation of this Act. This clause authorises authorised officers to exercise their powers under the Environment Protection Act 1993 for the purposes of the administration and enforcement of this measure. 15—Exemptions from Act This clause provides a power for the Governor to make regulations exempting, or empowering the Minister to exempt, a person or product, or person or product of a class, from the operation of the Act or a specified provision, subject to any specified limitations and conditions. It further provides that the Governor may make regulations exempting the sale, supply or distribution of single-use plastic drinking straws from the operation of Part 2 or a provision of that Part to a person who requires straws due to a disability or medical requirement or so such a person can otherwise access or obtain straws (subject to any specified limitations and conditions). 16—Evidentiary provision This clause provides that an allegation in an information that a specified product was a prohibited plastic product will be accepted as proved if there is no proof to the contrary in proceedings for an offence against this measure. 17—Regulations This clause provides a power for the Governor to make regulations contemplated by, or necessary or expedient for the purposes of, this measure. Debate adjourned on motion of Hon. I.K. Hunter.