Environmental Management and Pollution Control (Environmental Infringement Notices) Amendment (Plastic Shopping Bags) Regulations 2013

Environmental Management and Pollution Control (Environmental Infringement Notices) Amendment (Plastic Shopping Bags) Regulations 2013

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Environmental Management and Pollution Control Act 1994 .

2 September 2013

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

BRIAN WIGHTMAN

Minister for Environment, Parks and Heritage

1.   Short title

These regulations may be cited as the Environmental Management and Pollution Control (Environmental Infringement Notices) Amendment (Plastic Shopping Bags) Regulations 2013 .

2.   Commencement

These regulations take effect on 1 November 2013.

3.   Principal Regulations

In these regulations, the Environmental Management and Pollution Control (Environmental Infringement Notices) Regulations 2006 are referred to as the Principal Regulations.

4.    Regulation 5 amended (Prescribed offences)

Regulation 5 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (2) " Schedule 2 " and substituting " items 1 or 2 of Division 1 of Part 1 of Schedule 2 ";

(b) by inserting the following subregulation after subregulation (2) :

(3)  The penalty specified in item 3 of Division 1 of Part 1 of Schedule 2 in relation to a prescribed offence is –

(a) in the case of an environmental infringement notice issued to an individual, the penalty for that offence that is specified in column 2 of the table in that item; and

(b) in the case of an environmental infringement notice issued to a body corporate, the penalty for that offence that is specified in column 3 of the table in that item.

5.    Schedule 2 amended (Prescribed offences)

Schedule 2 to the Principal Regulations is amended by inserting after item 2 in Division 1 of Part 1 the following item:

3.    Plastic Shopping Bags Ban Act 2013

Column 1	Column 2	Column 3
Section	Penalty – individual (penalty units)	Penalty – body corporate (penalty units)
4(1)	2	5
4(2)	5	10
5(3)	2	5

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 11 September 2013

These regulations are administered in the Department of Primary Industries, Parks, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Environmental Management and Pollution Control (Environmental Infringement Notices) Regulations 2006 by prescribing offences under the Plastic Shopping Bags Ban Act 2013 for which environmental infringement notices under the Environmental Management and Pollution Control Act 1994 may be issued and the penalties applicable to those offences.