In accordance with regulation 20(1) of the Environmental Protection (Prohibited Plastics and Balloons) Regulations 2018 the Chief Executive Officer of the Department of Water and Environmental Regulation (the department) may grant an exemption if it is reasonably necessary to so. The exemption notice below provides a ‘Class exemption’ for businesses supplying prescribed plastic items under specified circumstances provided in the notice.
Note: Food containers and their lids should only be used for takeaway food when the container is holding soupy or liquid foods that are served over 60 degrees Celsius.
Other conditions apply, so please read the exemption notice carefully to determine whether the exemption applies to your circumstances.
Frequently Asked Questions
Is my takeaway food product soupy and is the food container eligible for the class exemption SUP0003/2024/1?
Under the class exemption SUP0003/2024/1 soupy foods are considered to be liquid (hot – over 60 degrees Celsius) foods that can be poured such as curry, gravy, soup and laksa. The exemption captures products where the liquid is a key component of the food product and generally does not combine with other ingredients to reduce pouring or risk of a spill. To this, takeaway foods such as fried rice, fettuccine, gnocchi and refried beans are not likely to be soupy and would not be eligible for this 12-month class exemption.
For further FAQs and information on containers, see Stage 2 – Single-use plastics ban fact sheets and FAQs (www.wa.gov.au).
Reporting requirements
Under this class exemption and to use this exemption, retailers or impacted organisations are expected to provide the following information by 30 August 2024 or within 30 days of adding a new product:
- business name of retailer
- authorised representative from the retail organisation using the exemption
- contact details
- list of plastic food packaging to use this class exemption
- details of takeaway food meals captured by this class exemption
- image upload (optional).
How to report
Provide this information by completing this form.
Send an email to plastic-exemptions@dwer.wa.gov.au.
Write to:
Director General
Department administering the Environmental Protection Act 1986
Locked Bag 10
Joondalup DC WA 6919
Manufacturers and suppliers do not submit this information as the exemption applies to specific meals supplied by the retailer. Any non-compliance with the exemption notice can lead to enforcement action.
