The Environmental Protection (Prohibited Plastics and Balloons) Regulations 2018 prohibit the sale and supply of prescribed plastic items, prescribed drinking straws and the release of helium balloons.
Under the regulations, the Chief Executive Officer (CEO) can provide an exemption to a person or class of persons for a prescribed plastic item or prescribed drinking straw, for a specified, kind or in specified circumstances, or both, where the CEO considers that it is reasonably necessary to do so. Exemptions must be granted for a specified period and can be subject to conditions. Where significant numbers of applications are received of a similar type, the CEO may elect to provide an exemption to a class of persons rather than to individual people.
To meet the goals of Western Australia’s Plan for Plastics, the Department of Water and Environmental Regulation (the department) will use the Single-use plastics exemption application considerations to guide decisions on exemption applications.
What plastic items can I apply for an exemption for?
Exemptions can be applied for prescribed plastic foodware, bowls, plates, non-polystyrene food containers and the lids applied. As well as cups and cup lids, cutlery, drink stirrers, drinking straws, microbeads, degradable plastics and expanded plastic packaging.
Exemptions cannot be given for the supply of prescribed plastic bags.
Who can apply for an exemption?
Any person, company/business, local or state authority can submit an application for exemption under the regulations for a prescribed plastic item or prescribed plastic drinking straw.
When can I apply?
Exemptions can be applied for at any time.
How do I apply for an exemption?
Applications for exemption can be made by completing and submitting the Application form: Single-use plastics exemption.
For more information about how to apply and what information is required see our Procedure: Applying for a single-use plastic exemption.
How will my application be assessed?
The department assessment will be guided by the exemption application considerations. External advice may be sought where expertise is required in a relevant field (e.g. health advice).
Please note that running down excess or left-over stock of banned items after the enforcement date is not an allowable exemption reason.
How will I be notified of the decision?
Once an application is determined the decision is communicated to the applicant(s) by email or letter. The decision to grant an exemption will also be published on our website.
Current exemptions
The following table provides a list of current exemptions and the persons and items they apply to.
| Exemption Number | Exemption Holder | Applicable exemption consideration | Exempt item(s) | Expiry Date |
|---|---|---|---|---|
| SUP0001/2022/2 | Suppliers and purchasers of the prescribed plastic items listed in Table 1 of this Exemption Notice | Transitional supply, pending AS4736 or AS5810 certification | Prescribed plastic items made from plastic lined paperboard. Exempt items are listed in Table 1 of this Exemption Notice | 31 December 2023, 1 March 2025, or 1 September 2025. Relevant expiry date for each prescribed plastic item is listed in Table 1 of this Exemption Notice |
| SUP0017/2022/1 | Armadale Health Service (trading under the Metropolitan Health Service) | Safety and/or security requirement | Plastic cutlery comprising knives, spoons and forks | 16 August 2024 |
| SUP0091/24/1 | Huhtamaki Australia Pty Limited | Awaiting certification to AS4736:2006. | PLA-coated paper cups and bowls; 1) 11oz Paper Bowl 2) 12oz Cold Cup 3) 16oz Cold Cup 4) 20oz Cold Cup | 30 April 2024 |
Need help?
If you need help to complete your application or have any questions relating to the assessment process, please contact the single-use plastics team via email at plastic-exemptions@dwer.wa.gov.au or phone us on 6364 7000 and ask for the Priority Materials team.
