Single-use plastics by-law information

On Monday 9 March 2020, the Hobart City Council resolved to enact the by-law banning the provision of single-use plastic takeaway food packaging and related items(PDF, 2MB).

Enforcement of the by-law will commence in 2021, following a period of trader and community education and awareness.

It is anticipated that the introduction of the by-law will result in a 600 tonne annual reduction in single-use plastics to landfill.

The Council also resolved to lobby the Tasmanian Government to consider implementing a state wide initiative to reduce single-use plastics.

The by-law aims to restrict the use of single use plastic takeaway packaging. This is not an expansion on the statewide plastic bag-ban legislation, but a wholesale change aimed at achieving a reduction in usage of and a shift away from single use plastics.

There is considerable public momentum for the reduction in availability of plastic products to reduce environmental impact. The City maintains a significant litter collection network including hundreds of stormwater litter traps and socks. These traps are already extremely effective in preventing marine pollution in general.

Takeaway packaging is a major contributor to the litter stream in Tasmania. Data from the Environmental Protection Authority Tasmania indicates that up to 50% of the litter stream is comprised of paper and plastic takeaway rubbish. 

The Keep Australia Beautiful National Litter Index, which in 2015/2016 primarily focused on suburban areas of Hobart provides some insight into the composition of this litter. That year it found that approximately 16 per cent of the litter items audited were plastic, but only 2.4 per cent were plastic spoons/cutlery, straws, and plastic takeaway container and cups. Keep Australia Beautiful’s 2016/2017 litter count also found that the amount of litter in Tasmania increased by 6 per cent compared to the previous year.

Compostable packaging is not considered to be a complete solution to litter. Only some of the compostable takeaway packaging currently on the market breaks down quickly in the environment. Solutions to litter lie in effective campaigns that lead to behavioural change which emphasise an overall reduction in packaging distribution and consumption, increased use of reusable packaging and as a final choice, utilising certified compostable packaging. 

The City has an exemplary record of showing leadership in the field of waste management and recycling and has set an ambitious overall goal towards zero waste to landfill by 2030 consistent with the City's waste strategy. 

An information fact-sheet on the by-law may be viewed here(PDF, 204KB). 

Check out What's in and What's out(PDF, 1MB) for single-use plastics.

Additional information for businesses

The by-law only applies to businesses that provide or sell food in packaging that can be taken from the premises and consumed. 

• The by-law will encourage retailers to replace current single use plastic containers which are smaller than one litre (1L) in volume or an area equivalent to A4 (210 mm by 297 mm) in size. 

• All packaging larger than these dimensions is excluded. 

• The by-law does not apply where a retailer provides or sells food packaging supplied by the customer (e.g. coffee cups or Tupperware containers); or the customer was not provided food packaging by the retailer (e.g. a bottle of soft drink). 

Our research indicates that a third of Hobart's approximately 300 food and beverage businesses already supply some form of compostable packaging. 

Implementation of this by-law will be staged in order to maximise business engagement and understanding and strongly root the culture change required to make the by-law effective.

Businesses will have up to a year after the enactment of the by-law to comply with new packaging requirements.

Hard copy information packs or ‘toolkits’ will be provided to all Hobart food businesses – inclusive of replacement product lists. Additionally, educational information sessions for proprietors will be held and one-on-one advice will be available. 

Didn't see an answer to your question?

Questions related to compostable packaging and waste reduction strategies may be directed to the Cleansing and Solid Waste Policy Coordinator on 03 6238 2711 or coh@hobartcity.com.au. 

Further information and questions about the by-law may be directed to the Manager Environmental Health on 03 6238 2711 or coh@hobartcity.com.au.

Plastic pollution is one of the most common forms of marine debris and the waters around Hobart are not immune. Whether it ends up as litter or into landfill, there is considerable public momentum to reduce availability of non-compostable products as a means to reduce environmental impact.

Data from the Environment Protection Authority Tasmania indicates that up to 50% of litter is comprised of takeaway rubbish. Compostable packaging is not considered to be a complete solution to litter because not all compostable packaging breaks down quickly in the environment. Solutions to litter lie in effective campaigns that lead to behavioural change which emphasise an overall reduction in packaging distribution and consumption, increased use of reusable packaging and as a final choice, utilising certified compostable packaging.

The by-law only applies to businesses that provide or sell food in packaging that can be taken from the premises and consumed. The by-law will encourage retailers to replace current single-use plastic containers which are smaller than one litre (1L) in volume or an area equivalent to A4 (210 mm by 297 mm) in size. All packaging larger than these dimensions is not affected.

The implementation of the by-law will facilitate the replacement of plastics and may encourage innovation and new business opportunities.

The by-law does not apply where a retailer provides or sells food when packaging is supplied by the customer (e.g. coffee cups or Tupperware containers); or the customer was not provided food packaging by the retailer (e.g. a bottle of soft drink).

The costs to each individual business will vary depending on the number and types of packaging products, packing supplier and the size of business operations. The overall cost to the DKHAC pool café for example was less than 1% of annual turnover and they were required to switch or substitute a wide range of items.

Current Tasmanian packaging suppliers include compostable products among their range, so compliant products can be sourced locally. 

Penalties are an essential part of any by-law, however they are a last resort.

The two penalty units associated with the single-use plastic by-law is consistent with other by-law infringements such as;

• failing to maintain premises used by animals

• Keeping a rooster

• Keeping too many bee hives.

The current penalty unit amount is $168 and is set by the State Government. The two penalty units is applicable for an infringement notice which can be issued by a council officer. An eight penalty unit and infringement of up $1344 is assessed if the matter is prosecuted. 

• Reduce the impacts of discarded plastic packaging on human health and the wider environment

• Reduce the volume of plastics being disposed to landfill or ending up as litter

• Support retailers already supplying compostable takeaway packaging items

• Foster innovation with respect to the development of alternative products made from natural fibres that rapidly decompose in the environment

• Educate the community and support them to transition to and adopt the worldwide shift away from plastic takeaway packaging.

Yes. There are a wide range of alternatives. At most festivals and events you go to now the cups you drink from will be totally organic, as are the plates and bowls your food is served on. Alternatives are paper & cardboard based, and plant starch based products (such as corn). These are readily available and widely used within Hobart already.

Sometimes. In some cases the cost of packaging compliant with the by-law is cheaper than non-compliant packaging, and businesses will save money. We have conducted significant research into replacement products, suppliers, costs and relevant certifications of composability. Where there is a cost increase, this is relatively small.

No. The by-law does not apply to plastic shopping bags or barrier bags. 

Implementation of this by-law will be staged in order to maximise stakeholder engagement and understanding and strongly root the culture change required to make the by-law effective.

Businesses will have up to a year after the enactment of the by-law to comply with new packaging requirements.

Hard copy information packs or ‘toolkits’ will be provided to all Hobart food businesses – inclusive of replacement product lists. Additionally, educational information sessions for proprietors will be held and one-on-one advice will be available. 

During the course of 2018, officers from legal and governance, environmental health and cleansing and solid waste teams took the opportunity to undertake wide ranging consultation on the proposed by-law and conducted a range of complimentary activities.

Consultation indicates consumers would welcome a reduction in single-use plastic and support businesses in moving away from non-compostable takeaway items.

A community Your Say Hobart survey conducted between February and March 2018 returned a significant response in favour of reducing the use of single-use plastic. 

• Of the 2962 responses, 96% disagreed when asked “do you think it is appropriate to use single-use plastics?”

• An overwhelming 90% said they were willing to pay more for food and drinks if it meant that sustainable packaging was used.

• Survey responses indicated a sensitivity to how much more consumers would be willing to pay, with around two-thirds willing to pay up to 5% extra.

• While a state government ban was perceived more favourably, 75% of surveyed participants felt that a local government ban would be an effective or highly effective way of getting more takeaway food businesses to use less single-use packaging.

• A ban was perceived to be significantly more effective than the use of support and education.

Results from the 2018 Your Say Hobart survey(PDF, 166KB)  

The project team also engaged a consultant to prepare a regulatory impact statement to fully inform the community of the potential impacts. A copy of the RIS is available to view here(PDF, 467KB).

A face-to-face business survey was completed by a University of Tasmania master’s degree student. The survey examined current knowledge, attitudes and perceptions of takeaway food business operators in Hobart and the reasons why they chose certain types of packaging products.

• The majority of respondents agreed that single-use packaging is unsustainable and has a negative impact on the environment.

• Businesses explained that they choose products predominantly based on functionality rather than affordability.

• Most businesses indicated that they would prefer to see a statewide ban over a local by-law to reduce single-use plastics.

A third of the City of Hobart’s approximately 300 food and beverage businesses already supply some form of compostable packaging. In surveys to date, businesses have indicated a favourable response to banning single-use plastic packaging, with a strong understanding of the reasons behind it.

The City consulted with other councils through the Local Government Association of Tasmania (LGAT) to gauge members’ support of a statewide approach to ban single-use plastics.

A total of 10 councils responded to the survey conducted by LGAT and all indicated they would support a statewide approach to this issue. Five councils indicated they were not likely to consider their own by-law, while two said they might.  

The local government sector then voted unanimously in July 2018 in favour of a City of Hobart motion asking for LGAT to lobby the state government to commit to legislating to phase out single-use plastics across the state.

Regulatory Impact Statement(PDF, 2MB)

For more information and resources to assist businesses and the community transition under the Single-Use Plastics By-Law please view our Resources page.