25 November 2019
Cleansing and Solid Waste Policy Coordinator
Hobart City Council
GPO Box
Hobart Tas 7001
Draft Single-Use Plastics By-law
The Tasmanian Conservation Trust (TCT) welcomes the opportunity to make a submission to the Draft Single-Use Plastics By-law.
It is noted that the Draft Single-Use Plastics By-law proposes to prohibit a range of petrochemical based plastic takeaway packaging in retail shops in Hobart municipal area while retaining paper and card board packaging and allowing certain certified bioplastics. It is noted that the by-law applies to a range of non-packaging items that are commonly used with takeaway foods such as wooden stirring sticks, cup trays and boxes, serviettes and cutlery.
Summary and over-arching recommendation
While there are significant potential benefits from the by-law we have many concerns that appear to have not been addressed by the HCC.
The TCT’s main concerns relate to the move to introduce the by-law in the absence of a strategy to support the regulatory approach and prepare for its rollout. There are many benefits from developing a strategy first and then introducing the regulation. The TCT recommends that the by-law not take effect until a number of actions have been implemented.
Establishing a waste disposal pathway for bioplastics
The information provided with the by-law says nothing about the practical problems of dealing with bioplastics and other compostable packaging. Has there been planning and budgeting for establishing disposal bins at shops? How will shops be supported to ensure appropriate separation of compostable takeaway packaging from other packaging? Is there a system in place for the collection and the transportation of compostable packaging to a compliant composting facility? Are there existing markets for the composted material?
The by-law should be delayed until there is sufficient infrastructure, contracts and education programs in place to enable a clear pathway for compostable packaging from the customer to the composting operator and the buyer of the compost. The minimum requirements before the by-law takes effect are the following.
Food retailers throughout Hobart will need to provide disposal bins for compostable packaging and work with council, customers and staff to ensure adequate information is provided regarding separation of compostable packaging from other non-compostable packaging and other items. Bins may need to be provided in public places as well.
A reliable collection and transportation service needs to be contracted to collect the compostable packaging from designated disposal bins and take it to the composting facility. The community needs to be informed that this is in place.
The public needs to be informed that a compliant composting facility is contracted to receive and process the compostable packaging and it has contracts to on-sell it for compliant uses.
Without adequate planning, budgeting and infrastructure in place the proposed by-law may simply lead to the same or more takeaway packaging being sent to landfill or becoming litter.
Bioplastics contaminating other plastic recycling streams
I have been informed by a number of plastics recyclers that bioplastics are a very serious contaminant if mixed with petrochemical plastics. In not removed in the sorting process, bioplastics can weaken products made from recyclable plastics. Consumers will naturally think that bioplastics can be put into their recycling bin.
Part of the planning for introduction of the by-law will be to reduce the contamination by bioplastics of kerbside bins and other collection points for petrochemical plastics.
Are bioplastics safe for use in gardens including for production of food plants
From the information provided with the by-law it is not possible to determine whether the use of composted bioplastics is safe for use in gardens, in particular for use in producing edible plants. The by-law refers to bioplastics needing to comply with one of the identified standards and meet the definition of non-toxic. We are not told whether this means it is safe for food production?
If the HCC cannot explicitly confirm the safety of composted bioplastics in food production, then the community is justified in being concerned. The by-law should not be introduced until there is further research into the safety or otherwise of composted bioplastics for use in food production. Alternatively, the by-law could be amended to stipulate that composted bioplastics are only permitted for use on non-edible garden plants.
Will littering rates be worse under the by-law?
One of the undoubted advantages of bioplastics over petrochemical plastics is that they break down more quickly in the environment and this reduces the potential environmental impacts, in particular the risk of the ingestion by marine animals. However, some bioplastics can last months in the marine environment, plenty long enough to pose a risk to marine animals.
It is possible that some in the community may falsely think that littering with bioplastics is not a threat to marine animals and there may be an increase in litter rates. Marine animals can still be killed by bioplastics and any potential benefit from their shorter life span may be counteracted by there being more of it.
Clearly the HCC’s litter education and enforcement programs need to be revised to prepare for the by-law and ensure that people are aware of the need to appropriately dispose of all bioplastic and other packaging.
Preferring reusable over single-use and paper and card board over bioplastics
The by-law proposes to allow reusable crockery, cutlery and long-life reusable plastic containers as well as single use paper, card board and bioplastics containers. However, from the information provided with the by-law it seems that HCC has not established a policy to preference reusable alternatives over permitted single-uses and paper and card board over bioplastics.
The by-law should be delayed until HCC’s educational programs have been revised to encourage or provide incentives for use of preferred means of serving takeaway food. Bioplastics should be a last resort.
Recycling replaced by composting – contrary to the waste management hierarchy
The proposal to introduce bioplastics as a replacement for petrochemical plastics will have an impact, perhaps unintended, of replacing some potentially recyclable takeaway containers, such as those used for curries and similar meals, with bioplastics that will not be recycled but may be composted. This will reduce to some degree the resource being received by plastic recyclers via the kerbside bins.
All waste management must adhere to the waste hierarchy principle that dictates that waste should be treated using the least resource and energy input and produce the most valuable product. Recycling is higher on the waste hierarchy than composting and should be the preferable response.
The HCC needs to consider whether it is actually preferable to prohibit certain petrochemical plastic takeaway containers if they are currently being recycled. This is further supported by the fact that the curry type containers are widely used for none-takeaway applications. Perhaps it is possible to allow specific petrochemical container to be used for takeaways where they in high demand by recyclers.
Yours sincerely
Peter McGlone
Director
Tasmanian Conservation Trust
peter@tct.org.au