NSW Plastics And Reusable-Cup Reforms Receive Assent

New South Wales' Environmental Legislation Amendment (Plastic Reduction and Container Recycling) Act 2026 received assent on 28 October, as Act No. 52 of 2026. It introduces reusable-cup provisions for takeaway businesses and changes environmental enforcement and container-deposit legislation. Parliament record.

Customer Cups From January 2028

The customer-cup offence applies where a takeaway beverage is sold in a single-use plastic cup instead of a reusable cup provided by the customer. A food-safety exception applies if the person refusing the cup had reason to believe it might make the beverage unsafe. Schedule 4, new section 34B.

The provision also prohibits a fee imposed because the beverage is supplied in the customer's reusable cup. The transitional clause says operators need not comply with section 34B, and commit no offence for failing to comply, before 1 January 2028. Section 34B and Schedule 4 item 23.

Reuse-Scheme Cups Follow In December 2030

Section 34C addresses offering a reuse-scheme cup and supplying it when the customer accepts, where the beverage would otherwise be sold in a single-use cup. It also prohibits charges imposed because a reuse-scheme cup is supplied. Its transitional protection runs until 1 December 2030. Section 34C and Schedule 4 item 23.

The text defines takeaway businesses broadly, including cafes, food trucks and service stations. Reuse-scheme cups must meet any criteria prescribed by regulations. The Act also provides for exemptions through regulations and the regulator. Sections 34A, 61 and 68.

From Parliamentary Passage To Assent

The bill was introduced on 24 March and passed Parliament on 22 October 2026. Today's assent is a separate legal step. Parliament progress record.

The commencement clause brings most provisions into force on assent, subject to specific transitional protections such as those for cups. Schedule 7's container-deposit amendments require a day or days appointed by proclamation. Assent alone does not commence that schedule. Section 2.