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Legislative Council - Fifty-First Parliament, Second Session (51-2)
2008-06-18 Daily Xml
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PLASTIC SHOPPING BAGS (WASTE AVOIDANCE) BILL

Introduction and First Reading

The Hon. G.E. GAGO (Minister for Environment and Conservation, Minister for Mental Health and Substance Abuse, Minister Assisting the Minister for Health) (23:18): Obtained leave and introduced a bill for an act to restrict the supply of single use plastic shopping bags. Read a first time.

Second Reading

The Hon. G.E. GAGO (Minister for Environment and Conservation, Minister for Mental Health and Substance Abuse, Minister Assisting the Minister for Health) (23:18): I move:

That this bill be now read a second time.

This bill will prohibit the supply of lightweight plastic bags to reduce littering, prevent environmental harm and improve resource efficiency. The estimated national consumption of plastic bags for 2007 was 4.24 billion, of which 40 million were estimated to have ended up as unsightly litter on our beaches and in our parks and streets. They also kill marine life and damage waterways on land. Most go to landfill, where they take many years to break down. In comparison with reusable green bags, lightweight plastic bags have been found to be less efficient in terms of resources used for manufacturing, embodied energy, contribution to global warming and primary energy used.

The Governor, in her speech to open parliament on 27 April 2006 stated that 'South Australia has set the pace nationally by announcing the abolition of single-use plastic shopping bags from the start of 2009'. A voluntary scheme to reduce the use of plastic bags has only been partially successful while attempts at agreement on a national regulatory approach have not been realised. While South Australia cannot solve the plastic bag problems of the entire nation, we can show leadership 'in our own backyard' by removing lightweight plastic shopping bags from being supplied.

The bill describes the product to be regulated (plastic shopping bags) and the policy objective (avoidance of waste). The bill provides that a retailer must not provide a plastic shopping bag to a customer as a means of carrying goods purchased or to be purchased from the retailer. The government's intention is that this prohibition will come into effect on 4 May 2009.

Bags that would be subject to the ban are those made from polyethylene, which are used or intended for use for the carrying or transporting of retail goods, which have handles, and which are less than 35 microns in thickness. Other thicknesses or types of bag could be prescribed by regulation in the future to ensure that the intent of the bill is preserved.

Barrier bags will be excluded from the ban. These are bags without handles, typically presented on a roll in retail outlets, which are used to hold unpackaged foods—for example, loose fruit and vegetables, nuts, breads and cakes—and products that may leak or contaminate other foods if not placed in a barrier bag. Boutique-style reusable plastic bags are also excluded from the ban. These are not subject to the ban because they are made of a heavier material than conventional shopping bags and are designed to be reused on a number of occasions.

The ban will occur following a transitional period. The intention is for the transitional period to begin on 1 January 2009. The transition period has been requested by retailers to overcome challenges associated with introducing an absolute ban in the Christmas retail period. During the transition period, retailers who supply plastic bags will also be required to supply alternatives. This will provide customer choice and ensure that retailers are adequately prepared for the introduction of the ban. The types of alternatives that would be stocked are prescribed as either being biodegradable (as defined by the Australian Standard) or reusable—that is, designed for regular use over a period of approximately two years.

Signage requirements will apply during the transition phase from 1 January 2009. Signage requirements will be prescribed by regulation, requiring notification of a prescribed size to be displayed in a prescribed locality within retail outlets. The signage will remind customers that a plastic bag phase-out is in place and notify customers that alternatives to plastic bags are available.

A public information and educational program will be undertaken in the lead up to the ban coming into place. Customers and businesses will be targeted to assist in managing all the impacts of the phase-out. Occupational health, safety and welfare education will be included to assist retail staff to be ready to manage alternative shopping bags.

A Plastic Bag Phase Out Task Force has been established which is chaired by Zero Waste SA and which comprises representatives from the Environment Protection Authority, Restaurant and Catering SA, Keep South Australia Beautiful, the State Retailers Association, the Local Government Association, the Consumers' Association SA, the Conservation Council, the Shop Distributive and Allied Employees' Association and the Hardware Association of SA. Throughout the lead-up to the phase-out, the task force has advised the government of impacts on industry.

Long-life, multiple use alternative bags are increasingly being given away by local councils or by businesses as part of promotions. Zero Waste SA will increase its supply of free reusable bags as part of the implementation of the phase-out. The government also intends to supply some signage as part of the information and education program. The bill allows for a maximum penalty of $5,000 and an expiation fee of $315. Compliance will be undertaken by the Environment Protection Authority. I commend the bill to members and I seek leave to insert the remainder of the second reading explanation in Hansard without my reading it.

Leave granted.

Explanation of Clauses

1—Short title

This clause is formal.

2—Commencement

This clause provides that operation of the measure is to commence on a day to be fixed by proclamation.

3—Interpretation

Clause 3 provides definitions of a number of terms used in the measure.

An authorised officer is a person who is an authorised officer for the purposes of the Environment Protection Act 1993. A carry bag with handles is a plastic shopping bag for the purposes of the Act if the body of the bag comprises (in whole or part) polyethylene with a thickness of less than 35 microns. Other kinds of bags may also be brought within the definition of 'plastic shopping bag' by regulation. A plastic bag that constitutes, or forms an integral part of, the packaging in which goods are sealed prior to sale is not a plastic shopping bag. The prescribed day is a day prescribed by regulation.

4—Retailer must provide alternative shopping bag until prescribed day

During the period beginning on the commencement of clause 4 and ending on the day before the prescribed day, retailers who make plastic shopping bags available to customers as a means of carrying purchased goods will be required under this clause to also be in a position to provide alternative shopping bags. An alternative shopping bag is a carry bag that is biodegradable or designed to be used on a regular basis over a period of approximately 2 years. The regulations may bring other kinds of carry bags within the ambit of the definition of alternative shopping bag. Retailers will not be prevented from charging a fee for the provision of an alternative shopping bag.

Retailers will also be required to display a notice, or notices, in compliance with requirements specified in the regulations.

The maximum penalty for a failure to comply with these requirements is a fine of $5 000. An expiation fee of $315 is also included.

5—Retailer not to provide plastic shopping bag

If a retailer provides a plastic shopping bag to a customer as a means of carrying goods purchased, or to be purchased, from the retailer, the retailer is guilty of an offence. This prohibition has effect from the prescribed day. The section applies whether or not a fee is charged to the customer for provision of a plastic shopping bag.

The maximum penalty for a breach of the section is a fine of $5 000. An expiation fee of $315 is also included.

6—Interaction with Environment Protection Act

The Plastic Shopping Bags (Waste Avoidance) Act 2008 and the Environment Protection Act 1993 are to be read together and construed as if the two Acts constituted a single 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 the Plastic Shopping Bags (Waste Avoidance) Act 2008.

7—Regulations

This clause provides a power for the Governor to make regulations contemplated by, or necessary or expedient for the purposes of, the Act.

The regulations may exempt specified persons or classes of persons from the operation of the Act or of a specified provision of the Act.

Debate adjourned on motion of Hon. J. M. A. Lensink.

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