- Replace the Waste
- Single-use Plastic FAQs - Compliance and Enforcement
Compliance and Enforcement
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How can I report a business suspected of non-compliance?
If you have concerns about banned products being supplied and would like to report a business, please contact the Environment Protection Authority:
Phone – local call (08) 8204 2004 Freecall – non-metropolitan callers only 1800 623 445 Fax (08) 8124 4670 Email EPASUPteam@sa.gov.au -
How will the legislation be enforced?
Enforcement of the legislation will be undertaken by Authorised Officers from the Environment Protection Authority under the Environment Protection Act 1993.
The EPA will use discretion when responding to any breaches of the legislation and can respond to non-compliance in various ways, ranging from providing verbal and written warnings through to expiations and prosecution.
The EPA, as the state's independent environmental regulator, will take action where appropriate, particularly where systemic or ongoing non-compliance occurs. Penalties for non-compliance are clearly defined in the legislation.
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What happens if a manufacturer sells me a prohibited item without my knowledge?
It’s an offence for a manufacturer or supplier to knowingly mislead a business into believing that a product is not a prohibited product after it has been banned.
If the business can prove that it believed on reasonable grounds that the product was not a prohibited single-use plastic product, it will not be held liable.
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What if I am unsure if my product is prohibited?
Read the Environment Protection Authority's guidelines for assessing single-use plastic products:
If you are still unsure, contact Green Industries SA via email or on 08 8204 2051.
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What penalties apply for a business that sells, supplies or distributes single-use plastic straws, stirrers or cutlery?
It is an offence to sell, supply or distribute a prohibited plastic product to another person.
In the case of oxo-degradable plastic products, it is also an offence in South Australia to manufacture or produce a product comprised, in whole or in part, of oxo-degradable plastic.
It is not an offence to supply single-use plastic straws for people with disabilities or medical needs under the exemption in the legislation.
Maximum penalty: $20,000
Maximum expiation fee: $1,000Below are the legislation’s offences and penalties:
Offence Description Expiation Amount Max. Court Penalty Amount Section of SUP Act Wholesaler/distributor selling, supplying or distributing prohibited plastic products in course of carrying on a business as a wholesaler or distributor $1,000 $20,000 7 (1) (a) Person selling, supplying or distributing prohibited plastic products in course of carrying on a business $315 $5,000 7 (1) (b) Person selling, supplying or distributing prohibited plastic products representing that a product is not a prohibited plastic product $1,000 $20,000 8 Person manufactures or produces oxo-degradable plastic products in course of carrying on a business $1,000 $20,000 9 Wholesaler/distributor selling, supplying or distributing oxo-degradable plastic products in course of carrying on a business as a wholesaler or distributor $1,000 $20,000 10 (1) (a) Person selling, supplying or distributing oxo-degradable plastic products in course of carrying on a business $315 $5,000 10 (1) (b) Failure to provide manufacturer's or producer's certification as to oxo-degradable plastic content of plastic products - $20,000 11 (1) Failure to provide distributor’s certification as to oxo-degradable plastic content of plastic products - $20,000 11 (2) Person must not represent that product is not comprised of oxo-degradable plastic - $30,000 12