Plastic litter: regulation in action case study
We have worked hard to reduce the issue of plastic litter, implementing regulatory action under the Plastic Reduction and Circular Economy Act 2021 and working with the community to reduce the use of unnecessary and problematic plastics.
The problem
Plastic is cheap, lightweight and durable. It is an important part of many products we rely on today. But not all plastics are necessary, and they are often produced in unsustainable ways to be used only once and then discarded in landfill or littered. Plastic litter reduces amenity of public spaces, harms wildlife, and can degrade into microplastics that can enter the food chain, posing a significant threat to the environment and human health.
What we are doing
We have been working on reducing litter in NSW for many years, including the memorable “Don’t be a tosser!” campaign, and the launch of NSW’s Container Deposit Scheme, Return and Earn. Key targets were set in the NSW Waste and Sustainable Materials Strategy 2041 and NSW Plastics Action Plan, including a target to reduce plastic litter by 30% by 2025, preventing the supply of unnecessary and problematic single-use plastic items and influencing producers to design out problematic plastics. To help achieve this, the Plastic Reduction and Circular Economy Act 2021 was passed in November 2021, enacting a phase out of some of the most littered items in NSW.
We established an implementation and compliance team, tasked with educating the community about the new requirements and enforcing the new laws where necessary.
Our achievements so far
Under the Plastic Reduction and Circular Economy Act 2021 (the Act), the supply of the following items in NSW has been phased out:
- since 1 June 2022 – lightweight plastic bags with handles
- since 1 November 2022 – single-use plastic straws, cutlery, stirrers, plates, bowls (without lids), cotton buds, expanded polystyrene food service items, and plastic microbeads in some rinse-off personal care products
These restrictions are expected to prevent an estimated 2.7 billion plastic items from entering our bushland, coastal and marine environments over 20 years to 2042.
Data from our Key Littered Items Study shows that in the 2022-2023 period, the density of litter has decreased by 51% and the density of plastic litter has decreased by 5% since 2021-22. This can partly be explained by initiatives like the single-use plastic phase out though there is large variability in data from year-to-year and longer-term monitoring is needed to confirm these trends.
How we are doing it
Monitor – We undertake proactive inspections of premises and use information and data to understand and address non-compliance (e.g. by monitoring online marketplaces as well as physical premises). We also undertake our Key Littered Items Study to measure the impacts our actions are having on marine litter, and the Australian Litter Measure, to monitor litter levels in urban areas.
Educate – This is at the core of our approach with businesses and suppliers during inspections. We conduct awareness campaigns and educational mail outs and hold webinars to empower businesses to comply with legislation and protect the environment and human health.
Enforce – We use our regulatory powers when required. We have the ability to issue penalty notices, compliance notices to suppliers or occupiers, and to prosecute for offences.
Influence – We engage with councils, industry peak bodies and head offices. We partner with grassroots organisations, online marketplace operators, large suppliers and manufacturers to influence changes in practices and improve environmental outcomes. We develop research partnerships to improve our understanding of the future of plastics.
Listen – We listen to the community to understand its concerns; there is an overwhelming 98% community support for phase-out of single use plastics. We also consult with industry, environment groups, local government, and the public on development of exemptions and next steps for action on unnecessary or problematic plastics in NSW.
Enable – We administer grant programs to increase the capacity of local government, catchment groups and community partners to develop and lead strategic litter prevention initiatives. We approve exemptions for phased-out items where there is no safe alternative, and create fact sheets and signage. We partner with others to drive better outcomes including with voluntary rescue program Great Plastic Rescue to collect and sort plastic items that could no longer be supplied in NSW. The hard work of their staff and EPA volunteers resulted in 34 tonnes of single use plastic being diverted from landfill.
Act – We developed and continue to expand the Return and Earn scheme to reduce drink container litter. To date, the scheme has recycled over 94,000 tonnes of plastic. More information on scheme performance can be found on the Return and Earn website.
What we are learning
Most businesses want to follow the rules and welcome the opportunity to check product compliance with EPA officers. Some need more support than others in understanding how those rules apply to their particular circumstances and may need support in transitioning away from items that can no longer be supplied. Having clear guidelines and supporting material to inform the regulated community can help achieve greater awareness of new requirements and improve voluntary compliance.
Our role as environmental stewards
Our commitment to a sustainable future for NSW means we are considering further action to target problematic or unnecessary plastic items to achieve better outcomes for community health, wellbeing and the environment.
NSW is aligning with other Australian States and Territories in acting against the most harmful plastic items. We are listening to the community to understand their concerns and expectations, as well as industry and government.
We work in partnership with Aboriginal peoples, recognising that pollution from plastic not only has an obvious adverse impact on Country and Aboriginal cultures but also significantly impacts on intangible cultural values where Dreaming stories and songlines may be at risk of damage or destruction.