elaruu wrote: ↑21 Oct 2022, 12:14
Hi Rosalie. Just wondering if you have had clarification on these points yet? Thanks
Yes, I did. They just replied with the same standard email and didn't address the specific points I asked about. If you would like me to forward the email so you can access the links just send me a PM with your email address.
This is their reply (I've made the relevant section bold):
Good afternoon,
Thank you for contacting the EPA about the single-use plastic bans. We hope that the below information will assist in answering your enquiry.
The Plastic Reduction and Circular Economy Act 2021 (PRCE Act) phases out the supply of some single-use plastic items in NSW, including in the education sector.
1 June 2022 – Bans to lightweight plastic bags
As of 1 June 2022, lightweight plastic bags with handles (35 microns or less) have been prohibited to supply in NSW. Examples of the types of bags that are banned and not banned can be found here.  
If your school has excess stock of lightweight plastic bags, these can no longer be supplied as part of your services or activities. The EPA has partnered with Great Plastic Rescue to assist in collecting and recycling excess stock. You may also consider alternate uses for any excess stock, such as using the bags as bin-liners or waste bags in your services.
1 November 2022 – Bans to other single-use plastic items
From 1 November 2022 the following plastic items will also be banned:
Plastic single-use cutlery (spoons, knives, forks, sporks, chopsticks)
Plastic single-use plates and bowls (excludes bowls with a spill proof lid)
Plastic single-use stirrers
Plastic single-use straws (with exemptions for people with a disability or other medical need)
Expanded polystyrene (EPS) food ware including bowls, cups, clamshell containers and plates
Plastic single-use cotton buds
Plastic microbeads in certain rinse off personal hygiene products
More information and images about what single use plastics will be banned from 1 November 2022 can be viewed here.
The bans on lightweight plastic bags and single-use plastic items includes any compostable and biodegradable alternatives such as those made of PLA, starch or corn based plastics. A more comprehensive list of banned and not banned items can be viewed in our FAQs, and information about alternatives to banned items are available here
What items are not banned?
The bans only apply to the items listed above. The following items commonly used in schools are not banned:
craft items such as: glitter, beads, string, plasticine, pipe cleaners, fishing line and sticky tape
stationery items such as: plastic sleeves, laminate pouches, rubber bands and tape
balloons
expanded polystyrene balls (such as those used for craft or science activities)
single-use gloves, masks, glasses and other personal protective equipment
pipettes, kidney dishes, agar plates, trays and syringes
platters, tongs and trays
freezer bags, zip-lock bags and cling wrap
cups (except for those made from EPS)
straws attached to juice boxes through a machine automated process
cotton buds included as part of medical kits such as first aid kids and covid-19 test kits
What items are exempt?
The EPA granted an ongoing exemption to allow supply of plastic single-use straws to persons with a disability or medical need. Any individual or organisation can act on behalf of a person who needs a straw including schools. No evidence is required to prove that a person requires a straw under the exemption. Please note, however, that plastic straws must not be kept on display. For example, straws may be available at a canteen and on request but must not be visible from the front counter.
The EPA has granted an exemption for the supply of plastic single-use cotton buds and plastic bowls for medical, scientific or forensic purposes, as part of permitted kits (e.g. medical, scientific or forensic testing kits). This exemption will be reviewed after 1 November 2024.
There is also a two-year exemption to 31 October 2024 for plastic lined paper plates and bowls. Examples include takeaway cardboard and bagasse (sugar cane pulp) bowls without lids, and printed or colour paper ‘party’ plates and bowls.
Will other items be banned in the future?
The PRCE Act includes a pathway for review of additional items, with a view to future bans. Items that will be reviewed by 2024 include:
plastic bowls (including lids)
plastic cups (including lids)
oxo-degradable plastics
non-compostable fruit stickers
heavyweight plastic shopping bags
barrier / produce bags
We encourage you to consider alternatives for other single-use plastic items moving forward.
What can I do to prepare?
The EPA understands that some schools may be using banned plastic items such as at canteens or during science or art classes. We encourage you to:
prepare your staff volunteers and clients by informing them early about the ban and what changes to expect
stop ordering banned items now and use up existing stock
do a stock-take to work out how long it will take to exhaust your banned items
speak to your supplier if you have large amounts of stock. They may accept returns or exchanges
contact a local recycler to see if they can take some items if you cannot exhaust, return, exchange or transfer your stock in time.
Small businesses and community organisations who need assistance to recycle excess stock can register with the Great Plastic Rescue.
Some questions you can ask your supplier:
Do these items comply with the NSW plastics ban that comes into effect in 2022?
Can you confirm that they do not contain any form of polymer, plastic, or compostable plastic?
Are my plastic bags more than 35 microns in thickness at all parts of the bag?
If your supplier cannot answer yes to all of these questions, the items may be banned. (Note that alternatives to EPS containers or cups can be made from other forms of plastic).
Can I reuse existing items?
Feedback provided to the EPA has indicated that some schools may re-use banned items multiple times such as for science experiments and demonstrations. These items may continue to be re-used, but new items must not be purchased for use after 1 November 2022. Schools also should not accept any donations of banned items from parents or other organisations for use after this date.
Compliance with the bans
These bans apply to all of those carrying on a business in NSW, including educational services, activities and events, whether for profit or not-for-profit. The PRCE Act sets out a broad range of enforcement tools to enable the EPA to take regulatory action where appropriate. This includes the ability to issue penalty notices, prosecute for offences and to issue compliance notices to suppliers or occupiers.
The EPA is committed to a fair and considered approach to regulation, and to educating and spreading awareness of the bans. We understand that a one-fits all approach does not work for all industries and are working with organisations to get the best outcome for the environment while taking into account individual circumstances. More information about the EPA’s Regulatory Policy can be viewed here.
Additional resources
The EPA recently held webinars in relation to single-use plastics bans for the education sector. We hope that you were able to join one of these sessions. The webinars have been recorded and can be accessed here.
The EPA is also supporting the National Retail Association to hold weekly Q&A webinar sessions every Friday at 10am in the lead up to the 1 November 2022 plastic bans. The sessions are open to all businesses, community organisations and other impacted stakeholders to ask questions about the ban and how to prepare. Registration for these events can be completed here.
Should you have any questions in relation to the above, please direct these to
plastics@epa.nsw.gov.au
Kind regards,
Kate Doutney
Unit Head, Compliance – Prohibited Plastics
Engagement Education and Programs
NSW Environment Protection Authority
D 02 8275 1566 | M 0409 625 996