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ORDINARY MEETING

13 MAY 2020 3

SUBMISSION ON SINGLE-USE PLASTIC ITEMS REGULATORY IMPACT STATEMENT M O’Loughlin 61/7/2-01 | #6357640 RECOMMENDATION: That Council provides the attached submission to the Department of Environment and Science, supporting the proposed ban on identified single-use plastic items as described in the Regulatory Impact Statement, with minor adjustments to item and material inclusions. EXECUTIVE SUMMARY:

The Department of Environment and Science (The Department) are seeking feedback on its Single-use Plastic Items Regulatory Impact Statement (RIS). The Department has proposed a ban on the sale, supply, and distribution of single-use plastic straws, stirrers, plates, and cutlery in Queensland starting 1 July 2021 (Stage 1). The proposed legislation would apply to businesses involved in the manufacture, import or wholesale distribution of these items, or who sell the items at a retailer level. Similar to the ban on the supply of single-use lightweight plastic shopping bags in 2018, individuals would no longer be able to purchase or be given these items. The Department is also exploring Stage 2, which would involve further analysis on additional single-use plastic items, including coffee cups, other plastic cups, takeaway food containers, plastic balloon sticks and heavyweight plastic bags, which may result an extension of the legislation. Officers have considered the social, economic and environmental impacts and recommend supporting the proposed legislation, with minor adjustments to item and material inclusions. It is recommended that polystyrene cups and take away food containers (including ‘clam shells’) be included in Stage 1. BACKGROUND:

The Department has an objective to reduce plastic pollution of single-use plastic items in Queensland by 20 per cent, by 2023 and has released an RIS to assist in meeting this goal. It proposes a ban on the sale, supply, and distribution of single-use plastic straws, stirrers, plates, and cutlery in Queensland, starting 1 July 2021 (Stage 1).

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The RIS also explores Stage 2, which would involve further analysis on additional single-use plastic items, including coffee cups, other plastic cups, takeaway food containers, plastic balloon sticks and heavyweight plastic bags, which may result an extension of the legislation. The Department states that feedback from peak bodies, individual businesses, and community groups indicates that there is already considerable action being undertaken to reduce the use of single-use plastics and the concept of a ban is supported. Proposed Legislation The current legislation proposed by the Department does not prescribe alternative products or their use and provides for exclusions for single-use items that are integral to the packaging of a product (e.g. a plastic straw attached to a juice box). It provides offences for false and misleading information from a supplier or wholesaler about whether, or not, the item is a banned item. While there will be no offence for an individual using or taking their own single-use plastic straw, there will be offences placed on wholesalers, retailers and distributors if they sell or supply these items to the Queensland market. Proposed Delivery Similar to engagement undertaken for the lightweight plastic shopping bag ban, the Department would work with peak bodies such as the National Retail Association and the Australian Food and Grocery Council to undertake awareness-raising activities to help reduce the need for enforcement action. This approach resulted in a 70% drop in plastic bag litter in one year (Queensland Government, media statement 1 July 2019) and saw no enforcement action on businesses by the State since the legislation’s introduction. Options The RIS explores the impact on consumers, business and the environment for the following options:

Option 1: Maintain the status quo; Option 2: Introduce a legislated ban on the supply of single-use plastic straws,

stirrers, plates and cutlery; Option 3: Implement non-regulatory approaches, including greater education and

awareness; or Option 4: Install additional litter collection and clean up infrastructure.

The Department has also considered further options such as product stewardship schemes (similar to the container refund scheme), advanced disposal taxes and increased penalties for littering these items but has not progressed to detailed assessments due to various feasibility challenges of these options.

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COMMENT:

Since 2017/18, Council has made steady progress in reducing single-use plastics in its operations, facilities and events. Council recently became a founding partner of Plastic Free Cairns and was successful in gaining two Litter and Illegal Dumping Compliance Officers, both initiatives funded by the Department. There has been significant investment from local community groups to reduce litter and plastic pollution, with an estimated 300 voluntary clean-up events in the LGA since 2015 and several successful campaigns. Additionally, a recent survey by the Cairns Chamber of Commerce found that over 73% of local businesses were interested in reducing single-use plastics (out of the 604 surveyed). In terms of plastic straws, 126 Cairns businesses have previously removed this item by joining the Last Straw on The Great Barrier Reef, with additional support for the Straw No More initiative. Officers support Option 2 in the RIS to “introduce a legislated ban on the supply of single-use plastic straws, stirrers, plates and cutlery” and consider this direct source reduction, the most effective lever to meet the Department’s objective of reducing plastic pollution. Proposed Legislation Scope It is recommended that polystyrene cups and take away food containers (including ‘clam shells’) are also included in Stage 1. These are the fourth most common material found in local litter surveys and carry considerable environmental impacts when littered. This is consistent with legislation proposed by South Australia and the Australian Capital Territory, along with Council’s own advice and conditions of engagement for mobile food vendors. It also meets the rationale for inclusion by the Department (see Attachment 1 for further detail) and is included in the current Product Stewardship Amendment (Packaging and Plastics) Bill 2019 before the Australian Senate (due to be reported on in early 2021). According to the Boomerang Alliance, the items also have the smallest cost increase on average for a compostable alternative, compared to the other items proposed. Officers also welcome further consideration of explicitly listing excluded materials in the proposed legislation in both Stages 1 and 2, to better define what materials are not ‘plastic-free’. This would assist in addressing materials which are often misrepresented to retailers and sold at a premium price, despite similar environmental impacts, and which present further challenges for disposal and processing. Attachment 1 also identifies other priority items for further consideration by the Department in Stage 2, based on local litter surveys. Economic Impacts of Proposed Legislation While many vendors, particularly small and medium-sized enterprises have already transitioned to compliant packaging, for other businesses there would be an additional minor cost increase for most of the proposed items and a minor reduction for others. Based on average price comparisons, in some cases this difference is 11% cheaper ($0.008 less per plate) and in other cases up to three times more ($0.012 more for straws and $0.11 more per cutlery set), which over a year of food service can impact a businesses’ bottom line, if absorbing these costs.

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To make the transition more affordable, businesses can reduce the overall number of items given away, by providing items on request or by passing these costs on to customers, who are increasingly demanding environmentally responsible packaging. Currently, food and beverage businesses in the Cairns area can access free advice and discounted products through the Plastic Free Cairns program to assist this transition. Businesses would also need sufficient education, led by peak bodies and adequate lead-time, consistent with other jurisdictions to run down non-compliant stock. This would assist in ensuring that Queensland businesses do not purchase large quantities of non-compliant stock in the lead up to a ban, with other supporting options explored in Attachment 1. Other Options Both Option 3: “…. greater education and awareness” and Option 4: “install additional litter collection and clean up infrastructure” are viewed as complimentary to the primary approach of Option 2 which is supported locally through Council’s Litter and Illegal Dumping Action Plan and waste avoidance education. Due to the enduring environmental impacts of plastic pollution, Council’s annual investment of over $250,000 in litter removal initiatives, significant efforts of local volunteer clean-ups and proactive businesses, Officers do not support Option 4: “maintain the status quo”. Submission Additional detail on the above and other considerations requested by the Department (such as for community members with accessibility and healthcare needs), are provided in the recommended submission (Attachment 1). OPTIONS:

That Council provides the attached submission to the Department of Environment and Science, supporting the proposed ban on identified single-use plastic items as described in the Regulatory Impact Statement, with minor adjustments to item and material inclusions. (Recommended) Or That Council provides a submission to the Department of Environment and Science, supporting the proposed ban on identified single-use plastic items, with no amendments. Or That Council provides a submission to the Department of Environment and Science, supporting the proposed ban on identified single-use plastic items, with other amendments.

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Or That Council does not provide a submission to the Department and does not support the proposed ban on identified single-use plastic items. CONSIDERATIONS:

Risk Management:

Compared to the lightweight plastic bag ban in Queensland, this proposed ban targets a range of single-use plastic items. There is the risk of misinformation and confusion for local businesses about compliant alternatives. This should best be managed by detailed education from peak bodies and clarification about excluded materials in the legislation as outlined in the recommended submission. Council Finance and the Local Economy:

There were 801 food and accommodation service businesses recorded in the Cairns LGA in 2019 who would likely carry items listed in the legislation, as well as around a dozen packaging suppliers, and additional retailers. There are currently various significant, compounding financial pressures on these businesses; however, the relative small and likely continually reducing cost, combined with sufficient engagement leading up to 1 July 2021 may support a just transition, with local businesses able to access free support through the Plastic Free Cairns program in 2020. There would be no additional costs placed on Council–managed business, with alternatives for these items already in place, as well as single-use plastic avoidance conditions on those whom Council engages. Community and Cultural Heritage:

There have been an estimated 300 voluntary clean ups performed in the LGA since 2015 and several successful community campaigns indicating support for single-use plastics reduction in the region.

Natural Environment:

Single-use plastics are the most common type of litter found in Cairns waterways and direct. Often used for minutes, they do not ‘break down’ but rather ‘break up’ into thousands of pieces that can remain in the environment for hundreds of years, significantly impacting life in terrestrial and marine environments – including corals and even plankton. Locally, even after all waste recovery processes it is estimated that 40% of Cairns’ remnant waste in landfill is plastics.

Waste avoidance, reuse and a transition to alternatives can reduce these impacts. compostable materials can be recovered through the local Advanced Resource Recovery Facility (through public place and home disposal) and are more likely to ‘break down’ if littered.

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Corporate and Operational Plans:

The proposed ban compliments Council’s strategic goal for Natural Assets with objectives to: Value and protect Cairns pristine natural environment and Make better use of our natural resources. Statutory:

There are no statutory considerations for this report. If the proposed legislation proceeded and State enforcement action was required, the RIS stated that this would be undertaken through the Environmental Services and Regulation Division of the Department. CONSULTATION:

Consultation occurred with Local Laws, Boomerang Alliance and through a previous survey undertaken by the Chamber of Commerce and Industry on business interest to reduce single-use plastics (generally). Previous engagement by the Department on the issue returned 11,000 responses from Queenslanders. ATTACHMENTS:

Attachment 1: Recommended Cairns Regional Council Submission on the Single-Use Plastics Items Consultation Regulatory Statement

Michelle O’Loughlin Sustainability Officer

Peter Boyd Manager Strategic Planning & Approvals

Kelly Reaston General Manager Planning and Environment

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