News laws from 1 January support positive change to the environment and economy


Released 31/12/2023

New tree protection laws, a ban on heavyweight and boutique plastic bags and reforms for the hospitality sector to improve the night-time economy will take effect from today, 1 January 2024.

Plastic bags

“The ACT Government has introduced a ban on all single-use shopping bags that are made fully or partially of plastic. This includes soft plastic bags greater than 35 microns in thickness, and bags made from plastic-laminated paper or cardboard,” said Minister for City Services, Tara Cheyne.

“The ban on heavyweight and boutique plastic bags builds on the ACT Government’s successful ban of lightweight plastic shopping bags that was introduced in 2011.

“Whilst heavyweight plastic bags may be re-used, many are being treated as single-use products ending up in landfill or littering our environment.

“Canberrans have really embraced the phase-out of single-use plastics to date. Remembering to bring reusable and non-plastic paper bags when heading to the shops is a great way for all Canberrans to participate in the circular economy.”

The Government will monitor exemptions which will apply for certain plastic bags:

  1. bags without handles
  2. unsealed bags used to package perishable food such as fruit or cooked poultry
  3. shopping bags made of nylon, polyester or woven polypropylene
  4. non-woven polypropylene bags with a minimum weight of 90g/m² with sewn seams.

“On behalf of the ACT Government, the National Retail Association has completed over 1,600 visits to retailers across the ACT to help raise awareness and educate them on the changes. Retailers will continue to be provided with ongoing support as part of the ACT Government’s education-first compliance approach,” Minister Cheyne said.

The ban follows the phase out of other single‑use plastic items which have been introduced in three stages since July 2021. These include:

  1. single-use plastic plates and bowls
  2. expanded polystyrene loose fill packaging and expanded polystyrene trays
  3. plastic microbeads in rinse-off personal care and cleaning products
  4. single-use plastic straws (with exemptions for those who need them)
  5. cotton buds with plastic sticks
  6. all oxo-degradable plastics – these are often used in products like dog waste bags and rubbish bags and can be labelled as degradable
  7. single-use plastic cutlery
  8. single-use plastic stirrers
  9. expanded polystyrene takeaway food and beverage containers
  10. single-use plastic shopping bags at or below 35 micrometres in thickness.

Tree protection

New tree protection laws under the Urban Forest Act 2023 will also take effect from 1 January 2024 to provide a stronger legal framework to protect, grow and manage Canberra’s trees.

“Trees are one of the reasons Canberra is such a great place to live. They provide significant benefits like shade, cooler temperatures in Summer and reduced air pollution,” Minister Cheyne said.

“These new laws will not only retain the leafy character of our city, but make it more resilient to a changing climate by reducing the urban heat island effect.

“2024 will also be a big year to continue to grow our canopy cover through more tree plantings and improved maintenance to retain and renew our ageing urban forest.”

The new laws protect more trees by:

  1. classifying all public trees as protected
  2. reducing the size requirements for protected trees on private land from 12 metres to 8 metres in height or canopy width
  3. classifying dead native trees with a circumference of 1.88m or more as protected to provide essential habitat elements for local fauna
  4. Encouraging existing trees to be retained, including introducing new requirements to ensure trees that have to be approved to be removed are replaced or, where new planting is not possible, a financial contribution to support tree planting elsewhere
  5. introducing a tree bond system to ensure trees are not damaged during construction work as our city continues to grow
  6. expanding the ACT Tree Register which celebrates and protects our most significant trees.
  7. improving compliance provisions, for example, the introduction of penalties for people caught damaging a tree or breaching a tree protection plan or direction.

“If a protected tree is eligible and approved for removal, the applicant will be required to enter into a canopy contribution agreement with the ACT Government,” Minister Cheyne said.

“This disincentivises developers to remove trees in the first place, and if trees have to be removed, it ensures that the canopy cover is replaced, either onsite or through a financial contribution to grow the canopy across Canberra.”

The agreement sets out:

  1. how many replacement trees are to be planted on the block to replace those removed, and
  2. if some or all of the trees cannot be planted, what financial contribution is required to grow and enhance our urban forest.

Information sessions with industry were held last year to help educate stakeholders on the changes and the ACT Government will continue to engage with key stakeholders this year.

Night-time economy

In addition, changes will be introduced to further enhance the ACT’s night‑time economy and foster a more vibrant hospitality sector.

From 1 January 2024, the ACT Government will:

  1. automatically allow smaller licensed restaurants and cafes to trade until 2am
  2. reduce liquor licensing fees for smaller restaurants, cafes, bars and general licences
  3. remove the requirement for general licensed businesses to have separate areas for the sale of liquor for on-premises and off-premises consumption.

“Changes to the licensing requirements for smaller hospitality businesses in the ACT aim to reduce costs and the administrative burden on businesses, encourage extended trading hours and foster innovative business models. This will ultimately contribute to a more dynamic and diverse night-time experience for Canberrans,” Minister Cheyne said.

“These reforms will also encourage new entrants into the market which will drive economic growth and create jobs in the Canberra community.

“Further reforms to be delivered by July 2024, subject to the passage of legislation, will incentivise venues to showcase artists, musicians and other cultural activities and allow all licensed businesses to extend trading hours up to ten times a year at no cost.”

For more information on the phase out of single-use plastics in the ACT including a full list of the items phased out, visit www.act.gov.au/single-use-plastics.

For more information on the new tree protection laws under the Urban Forest Act, visit www.act.gov.au/treeprotection.

For more information about Canberra’s night-time economy, visit www.cmtedd.act.gov.au/policystrategic/better-regulation-taskforce/canberras-night-time-economy.

- Statement ends -

| Tara Cheyne, MLA | Media Releases


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