On March 2, 2025, New South Wales (NSW) of Australia officially commenced the Protection of the Environment Legislation Amendment (FOGO Recycling) Act 2025 (FOGO Recycling Act). Administered by the NSW Environment Protection Authority (EPA), the Act mandates the source-separated collection of food organics and garden organics (FOGO) waste from households and businesses, as well as new reporting requirements for supermarket food donations.
Background
Greater Sydney's landfill capacity is expected to reach its limit by 2030, with a significant portion of space currently occupied by FOGO waste. The NSW Government has set a target to halve the amount of organic waste sent to landfill by 2030 and to achieve net zero emissions from landfilled organic waste from 2030 onward.
By implementing mandatory FOGO recycling, NSW becomes the first Australian state to mandate statewide FOGO collection, reinforcing its commitment to waste reduction and sustainable resource management. This initiative aligns with both state and national waste reduction targets, as outlined below:
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Key Requirements and Implementation Timeline
From July 1, 2026 – Large Supermarkets Must Record Food Donations
Large supermarket operators must maintain monthly records of food donations, including amounts and types donated to charities such as OzHarvest, SecondBite, and Foodbank.
Records must be kept for at least six years and made available upon request by an EPA-authorized officer.
Large supermarkets include retail premises with at least 1,000m² of gross floor area.
From July 1, 2026, 2028, or 2030 – Businesses and Institutions Must Separately Collect Food Waste
Businesses and institutions covered under the mandate must:
Provide adequate bins for food organics waste collection.
Ensure weekly collection and separate transportation of food organics waste from non-organic material.
The mandate applies to supermarkets, cafés, pubs, hotels, hospitals, educational institutions, correctional centers, and residential accommodations receiving commercial waste services. Compliance deadlines depend on the weekly residual waste bin capacity of each premises.
From 1 July 2030 – Councils Must Provide FOGO Collection to All Households
Local councils must:
Ensure all households with a residual waste collection service receive FOGO bins of appropriate capacity.
Arrange for weekly FOGO waste collection, which must be transported separately from non-organic materials.
The term "household" covers houses, boarding houses, group homes, apartment buildings, and seniors housing.
Government support
The NSW Government has committed $81 million through the FOGO Fund to assist councils with implementation, including bin infrastructure, contamination audits, education programs, and staffing. This includes a $9 million funding boost allocated as follows:
$4 million to support apartments and multi-unit dwellings.
$3 million for a statewide advertising campaign to raise awareness and encourage behavior change.
$1 million for councils with existing FOGO services to run annual booster education campaigns.
$1 million for a pilot program using artificial intelligence to identify and tackle contamination hotspots.
The new laws are projected to divert up to one million tonnes of organic waste from landfill each year, with most being transformed into high-quality compost for parks, sporting fields, and agriculture, contributing to healthier soils and sustainable food production.
To support councils, the government has also launched a step-by-step Best Practice Guide to help manage FOGO implementation and contamination risks.
