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This notifiable instrument prescribes the Shire of Christmas Island Plastic Bag Reduction Local Law 2018.
Administered by: Infrastructure, Transport, Cities and Regional Development
Registered 20 Aug 2018

 

Shire of Christmas Island Plastic Bag Reduction Local Law 2018

 

 

I, GORDON SINCLAIR THOMSON, President of the Shire of Christmas Island, publish the Shire of Christmas Island Plastic Bag Reduction Local Law 2018 under subsections 3.12 (5) of the Local Government Act 1995 (W A) as applied by the Christmas Island Act 1958.

 

 

Dated 12 April 2018

 

 

 

 

GORDON SINCLAIR THOMSON


 

 

 

 

PLASTIC BAG REDUCTION LOCAL LAW

 

MARCH 2018

 

 

 

 

 


LOCAL GOVERNMENT ACT (WA)(CI) 1995

 

Shire of Christmas Island

 

PLASTIC BAG REDUCTION LOCAL LAW 2018

 

CONTENTS

 

PART 1

 

1.             Citation

2.             Commencement

3.             Application

4.             Definitions

5.             Retailer not to provide single use plastic shopping bag

6.             Person must not represent that supplied single use plastic shopping bag is not a single use plastic

shopping bag

7.             Offences and general penalty

8.             Prescribed offences

9.             Form of notices

 

 

PART 2

 

SCHEDULE 1

PRESCRIBED OFFENCES

 


LOCAL GOVERNMENT ACT (WA) (CI) 1995

 

Shire of Christmas Island

 

PLASTIC BAG REDUCTION LOCAL LAW 2018

 

 

Under the powers conferred by the Local Government Act (CI) 1995 (WA) (CI) and under all other powers enabling it, the Council of the Shire of Christmas Island resolved on the 27 March  2018 to make the following local law.  

 

Part 1

 

1.          Citation

This local law may be cited as the Shire of Christmas Island Plastic Bag Reduction Local Law 2018.

 

2.          Commencement  

In accordance with section 74A of the Interpretation Act 1984 (WA) (CI) (Amendment) Ordinance 1992, the local  law must be registered as a notifiable instrument and comes into operation once it has been registered as a notifiable instrument. Notifiable instruments are published in the Federal Register.

 

3.          Application  

This local law applies throughout the district.

 

4.          Definitions

In this local law unless the context otherwise requires -

Act means the Local Government Act (WA) (CI) 1995;

alternative shopping bag means—

(a) a biodegradable bag;

(b) a reusable plastic bag; or

(c) any other shopping bag that is not a single use plastic shopping bag;

AS or AS/NZS means an Australian Standard or Australian/New Zealand Standard published by Standards Australia as amended from time to time. A free copy is available for viewing at the Shire of Christmas Island library and should be used as the contextual reference;

authorised person means a person authorised by the local government under section 9.10 of the Act to administer or enforce the local law;

biodegradable bag means a carry bag comprised of material of a type that has been assessed and tested in accordance with the relevant standard and can, in accordance with the relevant standard, be designated as compostable;

CEO means the Chief Executive Officer of the Shire of Christmas Island and includes the Acting Chief Executive Officer;

district means the district of the local government;

local government means the Shire of Christmas Island;

modified penalty means the amount prescribed by the Shire of Christmas Island as a modified penalty pursuant to Schedule 1 or unless otherwise specifically prescribed in this local law;

Regulations means the Local Government (Functions and General) Regulations (WA) (CI) 1996;

relevant standard means AS 4736/2006 Biodegradable plastics - Biodegradable plastics suitable for composting and other microbial treatment as amended from time to time;

retailer means a person selling any retail goods;

reusable plastic bag means a carry bag—

(a) the body of which comprises (in whole or in part) polyethylene, polypropylene or polyethylene terephthalate with a thickness of 35 microns or more; and

(b) that includes handles;

Schedule means a schedule to this local law;

single use plastic shopping bag means—

(a) a carry bag—

(i) the body of which comprises (in whole or in part) polyethylene, polypropylene or polyethylene terephthalate with a thickness of less than 35 microns; and

(ii) that includes handles; but does not include-

(b) a biodegradable bag;

(c) a reusable plastic bag; or

(d) a plastic bag that constitutes, or forms an integral part of, the packaging

in which goods are sealed prior to sale; and

terephthalate means a salt or ester of terephthalic acid that is a major starting material for polyester

fibers and coatings.

 

5.      Retailer not to provide single use plastic shopping bag

(1)       A retailer shall not provide a single use plastic shopping bag to a customer as a means of carrying goods purchased, or to be purchased, from the retailer.

 

(2)       It is a defence to a charge under subclause (1) if the retailer proves that he or she believed on reasonable grounds that the bag was not a single use plastic shopping bag.

 

(3)       The prohibition contained in subclause (1) applies whether or not a fee is charged to the customer for provision of a single use plastic shopping bag.

 

(4)       Subclause (1) shall not prevent a retailer from providing an alternative shopping bag to a customer as a means of carrying goods purchased, or to be purchased, from the retailer.

 

6.      Person must not represent that supplied single use plastic shopping bag is not a single use plastic shopping bag

(1)       A person who is in the business of selling or providing plastic bags to retailers shall not sell, supply or provide a bag to a retailer knowing that it is a single use plastic shopping bag if prior to, or in the course of, selling, supplying or providing the bag, the person represents to the retailer that the bag is not a single use plastic shopping bag.

 

(2)       Notwithstanding subclause (1) above and in accordance with section 3.5(2) of the Local Government Act (WA) (CI) 1995 whereby this local law will not generally apply outside of the district, a person or retailer must ensure that the supplier providing the plastic bags is to comply with the conditions prescribed in this local law relating to the provision of a plastic bag that is not a single use plastic shopping bag.

 

7.      Offences and general penalty

(1)       Any person who fails to do anything required or directed to be done under this local law, or who does anything which under this local law that person is prohibited from doing, commits an offence.

 

(2)       Any person who commits an offence under this local law is liable, upon conviction, to a penalty not exceeding $2,500, and if the offence is of a continuing nature, to an additional penalty not exceeding $250 for each day or part of a day during which the offence has continued.

 

8.      Prescribed offences

(1)       An offence against a clause specified in Schedule 1 is a prescribed offence for the purposes of section 9.16 (1) of the Act.

 

(2)       The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause in Schedule 1.

 

(3)       Before giving an infringement notice to a person in respect of the commission of a prescribed offence, an authorised person should be satisfied that -

a.     commission of the prescribed offence is a relatively minor matter; and

b.     only straightforward issues of law and fact are involved in determining whether the prescribed offence was committed, and the facts in issue are readily ascertainable.

 

(4)       This local law expresses a modified penalty as the amount prescribed in Schedule 1 of this local law.

 

9.      Form of notices

For the purposes of this local law -

a.     the form of the infringement notice given under section 9.16 of the Act is that of Form 2 in Schedule 1 of the Regulations; and

b.     the form of the notice referred to in section 9.20 of the Act is that of Form 3 in Schedule 1 of the Regulations.

 

 

 

Schedule 1—Prescribed Offences

(Clause 8)

Clause                  Description                                                                                                                         Modified Penalty

5(1)                         Provision of single use plastic shopping bag by retailer                                             $250.00

6                              Representing to retailer that supplied single use plastic shopping bag

 is not a single use plastic shopping bag                                                                        $250.00

 

 

 

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