Legal Strategies to Cure the Plastic Planet: Corporate Marriage and Public Health Regulation of Single-Use Non-Biodegradeable Plastics

Abstract

The 2018 export ban of recyclables to China provides an additional important reason for Australia in particular to act internationally and domestically to reduce its plastic waste. The problems Australia faces from single-use non-biodegradable plastics are replicated in every nation on Earth. Focusing on the Australian context, this article examines regulatory approaches to the problem of plastic production, consumption and disposal and its negative impact on public and ecosystem health. It scrutinises the current legal framework for managing plastic waste at Commonwealth, State and international levels, advocating greater regulation. Its regulatory recommendations include a Pigouvian tax in the form of an excise on plastic production to alter consumer behaviour and raise revenue for further investment in reusable alternatives. They also involve mandatory corporate responsibility obligations, a concept we term "corporate marriage". Other alternative and additional measures to combat single-use plastic waste as utilised in other jurisdictions are proposed for Australian implementation.