Shire of Christmas Island Plastic Bag Reduction Local Law 2018 (Cth)

Shire of Christmas Island Plastic Bag Reduction Local Law 2018

I, GORDON SINCLAIR THOMSON, President of the Shire of Christmas Island, publish the Shire of Christmas Island Plastic Bag Reduction Local Law 2018 under subsections 3.12 (5) of the Local Government Act 1995 (W A) as applied by the Christmas Island Act 1958.

Dated 12 April 2018

GORDON SINCLAIR THOMSON

PLASTIC BAG REDUCTION LOCAL LAW

MARCH 2018

LOCAL GOVERNMENT ACT (WA)(CI) 1995

Shire of Christmas Island

PLASTIC BAG REDUCTION LOCAL LAW 2018

CONTENTS

PART 1

1. Citation 2. Commencement 3. Application 4. Definitions 5. Retailer not to provide single use plastic shopping bag 6. Person must not represent that supplied single use plastic shopping bag is not a single use plastic shopping bag 7. Offences and general penalty 8. Prescribed offences 9. Form of notices

PART 2

SCHEDULE 1 PRESCRIBED OFFENCES

LOCAL GOVERNMENT ACT (WA) (CI) 1995

Shire of Christmas Island

PLASTIC BAG REDUCTION LOCAL LAW 2018

Under the powers conferred by the Local Government Act (CI) 1995 (WA) (CI) and under all other powers enabling it, the Council of the Shire of Christmas Island resolved on the 27 March 2018 to make the following local law.

Part 1

1. Citation This local law may be cited as the Shire of Christmas Island Plastic Bag Reduction Local Law 2018.

2. Commencement

In accordance with section 74A of the Interpretation Act 1984 (WA) (CI) (Amendment) Ordinance 1992, the local law must be registered as a notifiable instrument and comes into operation once it has been registered as a notifiable instrument. Notifiable instruments are published in the Federal Register.

3. Application This local law applies throughout the district.

4. Definitions In this local law unless the context otherwise requires - Act means the Local Government Act (WA) (CI) 1995; alternative shopping bag means— (a) a biodegradable bag; (b) a reusable plastic bag; or (c) any other shopping bag that is not a single use plastic shopping bag; AS or AS/NZS means an Australian Standard or Australian/New Zealand Standard published by Standards Australia as amended from time to time. A free copy is available for viewing at the Shire of Christmas Island library and should be used as the contextual reference; authorised person means a person authorised by the local government under section 9.10 of the Act to administer or enforce the local law; biodegradable bag means a carry bag comprised of material of a type that has been assessed and tested in accordance with the relevant standard and can, in accordance with the relevant standard, be designated as compostable; CEO means the Chief Executive Officer of the Shire of Christmas Island and includes the Acting Chief Executive Officer; district means the district of the local government; local government means the Shire of Christmas Island; modified penalty means the amount prescribed by the Shire of Christmas Island as a modified penalty pursuant to Schedule 1 or unless otherwise specifically prescribed in this local law; Regulations means the Local Government (Functions and General) Regulations (WA) (CI) 1996; relevant standard means AS 4736/2006 Biodegradable plastics - Biodegradable plastics suitable for composting and other microbial treatment as amended from time to time; retailer means a person selling any retail goods; reusable plastic bag means a carry bag— (a) the body of which comprises (in whole or in part) polyethylene, polypropylene or polyethylene terephthalate with a thickness of 35 microns or more; and (b) that includes handles; Schedule means a schedule to this local law; single use plastic shopping bag means— (a) a carry bag— (i) the body of which comprises (in whole or in part) polyethylene, polypropylene or polyethylene terephthalate with a thickness of less than 35 microns; and (ii) that includes handles; but does not include- (b) a biodegradable bag; (c) a reusable plastic bag; or (d) a plastic bag that constitutes, or forms an integral part of, the packaging in which goods are sealed prior to sale; and terephthalate means a salt or ester of terephthalic acid that is a major starting material for polyester fibers and coatings.