Legislation explained

Leading the way

On September 9 2020, the South Australian Parliament passed the Single-use and Other Plastic Products (Waste Avoidance) Act 2020. This legislation is the first of its kind in Australia and a positive step towards avoiding waste. 

THE STEPS WE HAVE TAKEN

1 March 2021

Single-use plastic straws, cutlery and stirrers were prohibited from sale, supply or distribution in South Australia, with some exemptions for single-use plastic straws.

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1 March 2022

Expanded polystyrene cups, bowls plates and clamshell containers were prohibited from sale, supply or distribution in South Australia, and oxo-degradable plastic products were prohibited from manufacture and production in the state.

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1 September 2023 

Single-use plastic bowls and plates, plastic-stemmed cotton buds and plastic pizza savers were prohibited from sale, supply and distribution in South Australia.

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WHY?

It is recognised around the world that phasing out single-use plastics is an important and achievable step in striving to reduce pollution, cut carbon emissions and protect marine life. Without action, the annual flow of plastic into the ocean alone will nearly triple by 2040 to 29 million metric tonnes per year, the equivalent of 50 kilograms of plastic for every metre of coastline worldwide. 

South Australia has taken steps to address the impacts associated with a range of single-use and other plastic products and was the first jurisdiction in Australia to do so on a state-wide basis. Other states and territories have since followed South Australia's lead.

NEXT STEPS

1 September 2024

Plastic barrier bags, thick supermarket and boutique-style plastic bags, EPS consumer food and beverage containers, plastic confetti and plastic balloon sticks/ties, plastic bread tags, single-use plastic beverage containers (including coffee cups), and single-use plastic food containers will be banned from sale, supply and distribution in South Australia.

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1 September 2025

Plastic fruit stickers, plastic soy sauce fish, and pre-packaged and attached products will be banned from sale, supply and distribution in South Australia.

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FAQs

  • What is the purpose of the legislation?

    The legislation restricts and prohibits the manufacture, production, distribution, sale and supply of certain single-use and other plastic products in South Australia. The legislation was passed by the South Australian Parliament on 9 September 2020. View the legislation.

  • Who decided to restrict and prohibit single-use plastics?

    The South Australian state government announced in July 2019 that it would develop legislation to address the impacts of single-use plastic products. The community called for urgent action on single-use plastics when it was responding to the Turning the tide on single-use plastic products discussion paper released by the state government.

  • What are the key dates?

    From 1 March 2021, single-use plastic straws, cutlery and stirrers were prohibited from sale, supply or distribution in South Australia. These single-use items can be replaced with reusable and compostable alternatives. Exemptions apply for single-use straws. 

    From 1 March 2022, expanded polystyrene (EPS) cups, bowls, plates and clamshell containers were prohibited from sale, supply or distribution in South Australia, as well as oxo-degradable plastic products which was also prohibited from manufacture and production in the state. Oxo-degradable plastic products have additives which enable the plastic to break down into tiny fragments (‘microplastics’) rather than completely decomposing.

    From 1 September 2023, plastic pizza savers, plastic-stemmed cotton buds, single-use plastic plates and single-use plastic bowls (designed without lids) were prohibited from sale, supply or distribution in South Australia. Exemptions apply for plastic-stemmed cotton buds used for medical, scientific or forensic purposes. Single-use plastic bowls used for medical purposes also have an exemption.

    From 1 September 2024, plastic barrier bags used for unpackaged fruit, vegetables, nuts and confectionery; thick plastic film and plastic laminated paper shopping bags, EPS trays and other consumer EPS food and beverage containers, single-use plastic hot and cold beverage cups and their attachments (lids and beverage plugs), single-use plastic food containers, plastic confetti, plastic balloon sticks and ties and plastic food bag tags will be prohibited from sale, supply or distribution in South Australia. Learn more about the exemptions.

    From 1 September 2025, plastic barrier bags used for unpackaged meat, poultry, dairy, fish and seafood, plastic produce stickers, plastic soy sauce fish, attached cutlery (including straws) and EPS food packaging will be prohibited from sale, supply or distribution in South Australia. Learn more about the exemptions.

    From 1 March 2026, exemptions for AS certified compostable food and beverage containers will only apply if they are clearly marked in a manner that indicates that they are home compostable, both home compostable and industrially compostable, or industrially compostable.

  • What are single-use plastic products?

    Single-use plastic products are designed or intended to be used once, or for a limited number of times, often away from home, and thrown away after a brief use, usually resulting in litter.

  • What is wrong with single-use plastic items?

    Too often, the way plastics are produced, used and discarded results in pollution, litter and harming marine life. Due to its slow decomposition, plastic accumulates in seas, oceans and beaches worldwide. Globally, at least 8 million tonnes of plastics leak into the ocean each year.

  • How is plastic defined in the legislation?

    The legislation defines plastic as a material made from, or comprising, organic polymers whether plant extracts or of fossil fuel origin.

    See the legislation in full.

  • When will other plastic products be prohibited?

    The community has called for urgent action by the government to address single-use and other plastic products. The legislation establishes a framework for adding extra products over time.  

    For information on the next steps:  CLICK HERE

  • Are the rules different for different businesses?

    Manufacturers, producers, wholesalers and distributors – referred to as ‘prescribed persons’ – face higher penalties under the legislation. 

    An exemption to allow the continued sale, supply and distribution of single-use plastic drinking straws to people who require them for disability or medical needs is being developed. This may result in certain businesses being able to sell, supply and distribute single-use plastic drinking straws.

    Businesses that manufacture or produce oxo-degradable plastic products will not be able to do so from March 1 2022.


Compliance and enforcement

  • 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.

  • 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.

  • 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.

  • 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: $1,000

    Below 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