NSW Plastic Bans

The Plastic Reduction and Circular Economy Act 2021 was passed 16 November 2021 by NSW Government, to ban certain problematic plastics and address the problem of plastic waste.

The introduction of the new Act is one of the key actions identified in the NSW Plastics Action Plan to assist with the phasing out of single-use plastics and transitioning NSW towards a circular economy.

What’s banned?

From 1 June 2022

Lightweight plastic shopping bags with handles that are 35 microns or less in thickness at any part of the bag. This includes those bags made from biodegradable, compostable, or bio-plastics, including those made from Australian certified compostable plastic.

The ban does not apply to:

• barrier bags such as bin liners, human or animal waste bags
• produce bags and deli bags
• bags used to contain medical items (excluding bags provided by a retailer to a consumer).

From 1 November 2022

Single-use plastics straws, stirrers and cutlery

The ban applies to single-use plastic straws*, stirrers and swizzle sticks, and cutlery, including forks, spoons, knives, sporks, splayds, chopsticks, and food picks.

The ban applies even if these items are made from biodegradable, compostable, or bio-plastics. This includes those made from Australian certified compostable plastic.

The ban does not apply to:

• serving utensils such as salad servers or tongs
• items that are an integrated part of the packaging used to seal or contain food or beverages, or are included within or attached to that packaging, through an automated process (such as a straw attached to a juice box).

Single-use plastic straws

*Exemptions will apply in certain settings for people with a disability or medical need so they can continue using straws. The detail of the exemption will be developed in consultation with the disability sector and other impacted stakeholders.

Single-use plastic bowls and plates

The ban applies even if these items are made from biodegradable, compostable, or bio-plastics. This includes those made from Australian certified compostable plastic.

The ban does not apply to:

• single-use plastic bowls designed or intended to have a spill-proof lid, such as those used for a takeaway soup.

Expanded polystyrene (EPS) food service items

ie EPS takeaway food service items, such as clamshells, cups, plates and bowls.

The ban does not apply to EPS:

• meat or produce trays
• packaging, including consumer and business-to-business packaging and transport containers
• food service items that are an integrated part of the packaging used to seal or contain food or beverages, or are including within or attached to that packaging, through an automated process (such as an EPS noodle cup).

Single-use plastic cotton buds and microbeads in certain personal care products

The ban applies to single-use plastic cotton buds and rinse-off personal care products containing plastic microbeads, such as face and body cleansers, exfoliants and masks, shampoo, conditioner and hair dyes, and toothpaste.

Who does the ban apply too?

The ban affects everyone:

• Retail or hospitality businesses, such as restaurants, cafes, bars, hotels, takeaway food outlets, party supply stores, discount stores, supermarkets, market stalls, online stores, and any other retailer must not provide these items to customers.
• Manufacturers, suppliers, distributors and wholesalers must not supply banned items in NSW. Penalties are doubled for this sector.

The bans also applies to supplying prohibited items while carrying on an activity for charitable, sporting, education or community purposes. For example, community groups, government bodies and not-for-profits, such as charities, welfare services, religious bodies, education providers, and fundraising events must not supply banned items. This includes items used as part of a service, for regular activities, or during events or fundraising activities.

Enforcement and fines

• The NSW Environment Protection Authority (EPA) is the regulator and will monitor and enforce the bans
• Fines are hefty - Fines may apply if you are caught supplying a banned item, $55,000 for a corporation and $11,000 for an individual, doubled for manufacturers, producers, wholesalers or distributors, with penalties of up to $110,000 for a corporation or $22,000 for an individual.

Further information and resources for businesses, not-for-profit organisations and the public

The NSW Government & National Retail Association (NRA) are providing resources and information for everyone to help them to comply with the changes. The NSW Government Plastic Ban Website details what is banned, resources available to use, information session information and contact details for you to find out even more.