New South Wales is setting a national precedent in tackling food waste, with the state government introducing Australia’s first mandatory Food Organics and Garden Organics (FOGO) recycling scheme.
The landmark legislation, passed in November, will require businesses and institutions to comply by July 2026, while households must follow suit by 2030. The move aims to divert hundreds of thousands of tonnes of food waste from landfill each year, cutting emissions and easing pressure on the state’s rapidly filling landfill sites.
A “Recycling Revolution” for NSW
NSW Minister for the Environment Penny Sharpe made it clear that bold action was needed.
“We cannot kick this can down the road any longer,” Sharpe said. “The new FOGO laws mean New South Wales is leading the nation in combating food waste, becoming the first to mandate this recycling revolution across the state.”
The NSW Environment Protection Authority (EPA) will oversee the transition, working with councils, communities, and industry to ensure a smooth rollout of weekly FOGO collection services.
Currently, food waste makes up more than one-third of household landfill waste in NSW, while food businesses discard half a million tonnes of organic waste each year. Every tonne of organic waste diverted from landfill saves 1.5 tonnes of CO2 emissions – a critical step in reducing the environmental footprint of waste disposal.
With Greater Sydney expected to run out of landfill capacity by 2030, the state government argues that the FOGO scheme is an essential measure to avoid a waste crisis.
Industry and Community Challenges
While the initiative is being hailed as a major step toward a circular economy, the rollout has not been without challenges.
Seventy councils have already implemented or are preparing for FOGO services, but some have faced community backlash after reducing the size of red bins or shifting red bin collection to a fortnightly schedule. Residents have voiced concerns about odours, maggots, and pests, while waste processors have flagged issues with FOGO contamination – finding plastics, glass, and non-compostable materials in green bins.
To ensure compliance, the EPA will monitor government-run facilities such as hospitals and schools, while local councils will oversee private sector businesses including cafés, restaurants, pubs, clubs, food courts, and aged care homes. Supermarkets will also be required to report on surplus food donations to prevent edible food from being wasted.
Fines and Exemptions – A Balancing Act
Councils that fail to comply with the mandate could face fines of up to $50,000, with additional daily penalties for repeat non-compliance. However, Sharpe has stressed that the penalties are a last resort, intended only for councils that “overtly ignore” the legislation.
Acknowledging the concerns raised by councils, Local Government NSW (LGNSW) President Phyllis Miller has urged the state government to fully fund FOGO implementation rather than shifting costs onto local councils and communities.
“LGNSW has long called for 100 per cent of Waste Levy funds to be reinvested into supporting the circular economy,” Miller said.
She also welcomed the EPA’s exemption framework, which could apply to entire local government areas where FOGO collection is unfeasible, or specific cases, such as high-density apartment buildings lacking the infrastructure to support a separate organic waste stream.
What’s Next?
The NSW government has pledged financial support for community education, with details of a funding package expected to be announced in the coming weeks.
With landfill running out and food waste contributing to significant environmental harm, the FOGO mandate represents a bold step toward a more sustainable future. But with councils, businesses, and households facing logistical hurdles, all eyes will be on the state’s ability to implement the policy effectively – without leaving communities and industries behind.
FOGO in Focus
The NSW Government’s Waste and Sustainable Materials Strategy 2041 (WaSM) introduced new requirements for councils to provide food and garden organics (FOGO) collections to all NSW households by 2030.
For many households, this will mean a significant change to bin services, requiring residents to separate food scraps and leftover food waste. The most common way to do this is with a kitchen “caddy” (small bin), which temporarily holds food scraps before they are transferred to the larger outdoor FOGO bin.
What Goes in the FOGO Bin?
The NSW Government has formalised what materials are allowed in FOGO bins:
- Food scraps
- Garden organics
- Compostable plastic kitchen caddy liners (must comply with Australian Standard AS 4736-2006 for commercial composting)
- Fibre-based kitchen caddy liners (such as paper or newspaper)
With FOGO now set to reshape waste management across the state, the next challenge will be ensuring communities, councils, and industries are ready for the transition.
FOGO masterclass series
To support councils to roll out FOGO services, NSW EPA has developed a series of masterclasses covering the delivery of FOGO services. Australian and international speakers will share their experiences on delivering FOGO.
Access the classes and related resources here.
Lead image: Wollongong.nsw.gov.au
