Businesses face fines up to $20,000, individuals up to $5000 for breaking single-use plastic ban
Businesses that break a coming ban on single-use plastic in SA face $20,000 fines – while individuals could pay $5000, draft laws show.
SA News
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Businesses that illegally supply single-use plastic face fines of up to $20,000 for flouting new bans, according to draft laws published on Saturday.
The Advertiser revealed in July plastic straws, drink stirrers, polystyrene cups and bowls as well as cutlery would be outlawed from South Australia as part of an ambitious push to lead the nation on cutting single-use plastic.
The State Government has published proposed laws and penalties for the public, and businesses, caught flouting the ban.
Under the draft legislation, which is out for public consultation, any person “who, in the course of carrying on a business, sells, supplies or distributes” a banned plastic item will be subject to an automatic fine of $315 to $1000, depending on the type of breach.
If investigations by the Environment Protection Agency – which will enforce the laws – finds evidence of deliberate disregard, a business will be prosecuted.
Then, if the Environment, Resources and Development Court finds them guilty, the draft laws state a “prescribed person” faces a fine of up to $5000, for businesses and retailers as well as hospitality and entertainment venues.
Government lawyers say bigger-scale businesses such as plastic manufacturers, producers and wholesalers found guilty of breaches face a maximum $20,000 fine. Plastic sold interstate would be exempt, while single-use plastic straws for a “disability or medical need” would be allowed.
A defence is available for anyone who can prove “they believed on reasonable grounds” their product was not a banned plastic.
A taskforce of 15 groups has helped shape the draft laws.
A grace period will be introduced, with specific details still being thrashed out.
The Government wants a six-month transition but industry will likely call for two years. Plastic bags were phased out in SA over an 18-month period.
“We’ve moved quickly to respond to community concern,” Environment Minister David Speirs said.
“(We have) developed an approach that balances benefit of the environment while minimising impact for businesses and not discriminating against people living with a disability, who might find themselves reliant on certain single-use plastics.”
Labor’s environment spokeswoman Susan Close said the party supported banning single-use plastics and would now study the proposed laws.
“The penalties will be of particular interest in that consultation,” she said. “Words and penalties are easy – financial and procurement support takes more effort.”
Mr Speirs also announced Norwood store and cafe Brick+Mortar Creative is the first SA business to be declared “plastic-free”. Consultation closes February 7.