REPUBLIC OF FIJI

Environment Management (Budget Amendment) Act 2019
ACT NO. 19 OF 2019
I assent.
J. K. KONROTE
President

[24 June 2019]

AN ACT
TO AMEND THE ENVIRONMENT MANAGEMENT ACT 2005
ENACTED by the Parliament of the Republic of Fiji—

Short title and commencement
1.—(1) This Act may be cited as the Environment Management (Budget Amendment) Act 2019.
(2) This Act comes into force on 1 January 2020.
Section 45A inserted
2. The Environment Management Act 2005 is amended after section 45 by inserting the following new section—
	"Offence of manufacturing, selling, supplying or distributing plastic bags
	45A.—(1) In this section, "plastic bag" means—
	(a)	a carry bag—
	(i)	the body of which comprises in whole or in part, polyethylene with a thickness of less than 50 microns; 
	(ii)	that is used for the carrying or transporting of goods; 
	(iii)	that is not an integral part of a product's packaging;
	(iv)	that is not a waste disposal bag; and
	(v)	that is not a bag that is of a kind prescribed by regulations; or
	(b)	a bag that is of a kind prescribed by regulations.
	(2) A person who manufactures a plastic bag commits an offence and is liable upon conviction to a fine not exceeding $500,000 or to a term of imprisonment not exceeding 7 years or both.
	(3) A person who—
	(a)	sells, supplies or distributes a plastic bag to another person; or
	(b)	makes a plastic bag available to a customer for carrying goods purchased, or to be purchased, from a retailer,
	commits an offence and is liable upon conviction to a fine not exceeding $150,000 or to a term of imprisonment not exceeding 2 years or both.
	(4) For the purposes of this section, any act done or omitted by an individual—
	(a)	as an employee must be treated as done or omitted by that individual's employer provided that the employee was acting within the course of his or her employment; or
	(b)	as an agent must be treated as done or omitted by that individual's principal provided that the agent was acting with the actual or ostensible authority of the terms of his or her agency,
	whether or not it was done with the knowledge or approval of the employer or principal.".

Passed by the Parliament of the Republic of Fiji this 21st day of June 2019.