Important update: From 1 December 2024, exemption applications for all Stage 1 items will no longer be accepted under Transitional Supply and Unavoidable Supply Chain Issues. Time limits for Stage 2 items undergoing AS composting certification have also been implemented. Read the statement.
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, 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. Keep in mind, from 1 December 2024, exemption applications for all Stage 1 items will no longer be accepted under Transitional Supply and Unavoidable Supply Chain Issues. Time limits for Stage 2 items undergoing AS composting certification have also been implemented.
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 |
|---|---|---|---|---|
| SUP0132/2024/1 | Biopak Pty Ltd | Transitional supply, pending AS4736 or AS5810 certification | White and Kraft Aqueous lined paper Rectangular BioBoard Takeaway Bases, BioBowls and their lids. Exempt items are listed in Table 1 of this Exemption Notice | 1 June 2025 |
| SUP0005/2024/1 | Suppliers and purchasers of the prescribed plastic items listed in Table 1 of this Exemption Notice | To allow for transparent prescribed plastic items for medical or scientific use unrelated to food and beverage supply. | Including but not limited to: Cups Food containers Bowls Lids | 1 September 2026 |
| SUP0004/2024/1 | Manufacturers, suppliers and purchasers of the prescribed plastic items for the specified circumstance as listed in Table 1 of this exemption notice | Currently there are limited food packaging options available for remote mine sites with onsite kitchens that provide an effective barrier for prolonged storage and are microwave safe. | Plastic takeaway food containers and lids to mine sites with onsite kitchens. This exemption is limited to mine sites where food is made and packaged onsite to be collected by staff. Includes containers for food served hot or served cold with microwaving instructions to ensure it is heated to an appropriate temperature in accordance with the Food Act 2008 and associated standards and regulations. | 30 August 2025 |
| SUP0003/2024/1 | Manufacturers, suppliers and purchasers of the prescribed plastic items listed in Table 1 of this exemption notice | Currently there is limited food packaging supply that meets the needs for safe handling of such food containers minimising leakage and provide an effective barrier for prolonged soup storage. | Food containers and their lids only for takeaway food uses when the container is holding soupy or liquidy foods that are served over 60 degrees Celsius or intended to be heated over 60C. | 30 August 2025 |
| SUP0002/2024/1 | Manufacturers, suppliers and purchasers of the prescribed plastic items listed in Table 1 of this exemption notice | Supply chain issues | Electronic goods using moulded expanded plastic packaging (Regulation 3BB(1)(c)) weighing greater than 25 kilograms net product weight | 30 June 2026 |
| 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 |
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.
