A restaurant owner who distributed disposable plastic forks to customers last June has been fined $10,000.
This is the first-ever case initiated under the Environment (Single Use Plastic Ban) Regulation 2023.
Xian Pan Li, 51, of China, was found guilty after a trial for one count of Distribution of Single-Use Plastic, contrary to clause 4(2) of the Environment (Single Use Plastic Ban) Regulations 2023, as read with section 55 of the Environment Act 1998.
When sentencing Li recently, Principal Magistrate Emily Zazariko Vagibule Pakoa reminded him that laws are put in place to guide actions, protect communities, and address issues that affect everyone.
“They are not made without reason,” Magistrate Pakoa said.
“When we choose to ignore them, we do not just break the law; we undermine the very efforts made to build a safer and more responsible society.”
The incident occurred on 12 June 2024 when Li, owner of Wah Leung Shop at Tandai Highway, West Honiara, distributed disposable plastic forks to customers with their food.
Following the incident, a search was conducted at his premises, and 800 disposable plastic forks were seized.
Plastic forks fall under the list of banned items under the Single Use Plastic Ban Regulations 2023.
Magistrate Pakoa explained that the law was gazetted by the National Government in 2023 as part of efforts to combat plastic pollution and its environmental impacts.
“While it may be argued that the quantity of the items involved in your arrest and conviction is small compared to other sources of pollution, efforts were made by relevant stakeholders to inform the public and the business community about the banned items, and a grace period was provided to dispose of such items,” she said.
Before imposing the fine, Magistrate Pakoa considered Li’s mitigation and personal circumstances, including the fact that he is an approved business operator employing 12 Solomon Islanders and contributes to national revenue through taxes.
However, the prosecution highlighted aggravating factors, including the seriousness of the offence, the environmental damage caused by plastic pollution, and the need for deterrence.
The maximum penalty for the offence is a $50,000 fine, two years’ imprisonment, or both.
Magistrate Pakoa emphasized that the existence of the Environment (Single Use Plastic Ban) Regulations 2023 demonstrates the National Government’s commitment to addressing the impacts of plastic pollution.
She noted that public awareness campaigns were conducted, and ample time was given for compliance before the regulation took effect.
While acknowledging Li’s contribution to employment and services for the community, she stressed that running a business also means complying with the law.
“One of the laws you must follow is the Environment (Single Use Plastic Ban) Regulations 2023,” she said.
In delivering the $10,000 fine, Magistrate Pakoa said the penalty serves both as a specific deterrent to Li and a general deterrent to other potential offenders.
“I also hope to teach you a lesson that cripples any future intentions of this kind,” she added.
Lily Ramo of JUSTLAW Attorneys represented Li, while Public Prosecutor Sabrina Habu appeared for the Crown.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
