FOGO mandates and rollout

The NSW Government committed to halving organic waste being disposed of in landfill by 2030 under the Waste and Sustainable Materials Strategy 2041.

This commitment is part of the broader Australian Government’s net zero commitment.

Greater Sydney is running out of ways to safely manage ‘residual’ (red bin) waste and is predicted to run out of landfill capacity by 2030 or earlier.

An analysis of the proposed household mandates found that application of the mandates to all households in NSW may result in the diversion of almost 950,000 tonnes of FOGO waste each year from landfill and into circular economy products like compost.

To help households and businesses prepare for these new requirements, the NSW Government is delivering a state-wide community education campaign to reduce food waste and use the right bins.

It is also providing a suite of support programs for councils and businesses, including grant funding for infrastructure, education and guidance to help communities transition to new services.

No, the mandates will not restrict other forms of circular usage of food organics material.

Generally, yes. This will depend on the interaction between Commonwealth and State laws. For example Food Act 2003 authorised officers from local councils carry out food inspections of retail premises at airports.

Supermarkets, institutions and hospitality businesses will be required to have a source-separated food organics waste collection service from 1 July 2026, with a staged approach based on the businesses’ weekly residual bin volumes.

• Premises with ≥3,840L of weekly residual waste bin capacity to start on 1 July 2026
• Premises with ≥1,920L of weekly residual waste bin capacity to start on 1 July 2028
• Premises with ≥660L of weekly residual waste bin capacity to start on 1 July 2030.

Relevant premises include the following:

• supermarkets
• premises in which food or drink is prepared or provided including:
  • correctional complexes, including correctional centres
  • centre-based child care facilities
  • educational establishments including schools, universities and TAFE
  • hospitals including public hospitals, private health facilities and mental health facilities
  • seniors housing for which the council does not provide a regular collection service for the transportation of residual waste
  • food and drink premises such as restaurants, cafes, takeaway food and drink premises, pubs and bars
  • hotel or motel accommodation
  • registered clubs that hold a club licence under the Liquor Act 2007
  • premises used for a mobile catering business within the meaning of the Food Act 2003, Part 8, Division 3, but excluding premises at which the food is served
• premises where seating is provided within a common food court or food hall for the immediate consumption of food or drink, or both, purchased at the premises
• other premises prescribed by the regulations.

Additionally, residential accommodation which receives a commercial waste collection service are also included in the business mandates but this only applies from 1 July 2030 where the accommodation has a weekly residual waste bin capacity of at least 660L.

The Government wishes to incentivise the donation of usable food to avoid food waste.

The EPA may choose to publish data obtained from large supermarkets.

• 70 councils have already implemented or are planning to implement, a FOGO service.  
• The mandates apply to an additional 58 councils by 2030, 32 of which already have a garden waste service.

• Weekly collection will be required for food waste for both residential and business mandates.
• Most councils with existing FOGO services already provide weekly collections.
• Weekly collection improves convenience, maximises food waste recovery, and reduces odour issues.
• Large businesses may require more frequent collections.
• It is a matter for councils and businesses to draw up waste collection contracts as they make the switch to adopt FOGO services.

• Exemptions are intended to be predominately proactive where the EPA considers them necessary to limit the number of organisations needing to approach the EPA.
• We recognise that while we want all businesses and councils to meet the mandates, in some situations there may be more time needed e.g. when a council’s waste contract runs beyond 2030.
• The EPA will develop an exemption framework to guide decision making.
• As part of the exemption process some of the things we will consider are:
  • Geographical and population constraints and the impact on processing availability
  • Availability of infrastructure
  • Timing and expiration of waste contracts 
  • Infrastructure impairments of certain building types (i.e. multi-unit dwellings or MUDS) 
• One of the guiding principles is that we do not wish to punish anyone where access to a FOGO service is limited or cost prohibitive.

• If a household is not provided with a residual (red bin) waste collection service by their local council, they will not be captured under the mandate. 

• The EPA will check compliance of government operated facilities such as hospitals, jails and schools.  
• Local councils will check compliance of facilities such as pubs and clubs, cafes and restaurants, food courts and nursing homes.  
• NPWS will check compliance of businesses in Kosciusko National Park.

Find out what can or can’t go in the FOGO bin.

• Councils and businesses can face maximum penalties of up to $500,000 with a further $50,000 per day for continuing offences.  
• On-the-spot fines up to $5,000 can also be issued, with higher fines for second offences.  
• There are also lower maximum penalties and on-the-spot-fines for non-compliance with the large supermarket food donation reporting requirements. 

• The EPA, local councils and the National Parks and Wildlife Service will share enforcement responsibilities under the Protection of the Environment Operations Act 1997.