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NSW's FOGO Recycling Act
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NSW’s FOGO Recycling Act is coming; time to get ready
REMONDIS Australia // 8 September 2025
The Protection of the Environment Legislation Amendment (FOGO Recycling) Act 2025 is designed to reduce landfill, cut greenhouse gas emissions, and turn organic waste into a valuable resource
From July 2026, businesses that prepare food will be required to separate food and garden organics (FOGO) from other waste
Larger waste generators need to prepare sooner, while smaller producers have more time. REMONDIS are experts in FOGO and COFO, and can help your business prepare
EXPLAINER
Did you know that starting in 2026, businesses across New South Wales will face new rules for managing food and garden waste?
The Protection of the Environment Legislation Amendment (FOGO Recycling) Act 2025 is designed to reduce landfill, cut greenhouse gas emissions, and turn organic waste into a valuable resource.
From July 2026, a wide range of businesses including supermarkets, cafes, restaurants, hospitals, hotels, schools, childcare centres, and correctional facilities will be required to separate food and garden organics (FOGO) from other waste. Large supermarkets will also need to report on surplus food donations to charities.
The NSW Government is introducing FOGO mandates to cut organic waste sent to landfill by half by 2030. This is vital because Greater Sydney is running out of safe options to manage residual (red bin) waste, as well as landfill capacity expected to be exhausted by 2030 or sooner. Under theAmendment (FOGO Recycing) Act, commercial food and garden wastes will be diverted from landfill and instead processed into compost, mulch and soil conditioners for use at farms, parks, and landscaping – supporting a circular economy and reducing demand for scarce landfill. It's intended to be a truly circular solution, with the likely outcome that compost made from food waste is then used in farming and agriculture to nurture new food-producing plants.
Who needs to act first?
The Act applies to companies that prepare or serve food, plus local councils and large supermarkets. Check out the FAQs below for the full list of premises affected by the Act.
Larger waste generators need to prepare sooner, while smaller producers have more time. The law is phased by weekly organic waste volume:
- Premises with ≥3,960L of weekly residual waste bin capacity to start on 1 July 2026
- Premises with ≥1,980L of weekly residual waste bin capacity to start on 1 July 2028
- Premises with ≥720L of weekly residual waste bin capacity to start on 1 July 2030
Residual waste (also known as ‘general waste’ or ‘putrescible waste’) is the materials typically collected in a red lid bin, which is used for calculating weekly organic waste volume. The calculation is not done by the weight of the waste inside the bin, but instead is calculated on the size of the bin.
Example: If a business has 4 × 660 L residual/general waste bins serviced once a week, the total organic waste volume is calculated as 4 × 660 = 2,640 L/week, placing the business in the 2028 compliance group.
Penalties for non-compliance
Monitoring of compliance is anticipated to be by the EPA and local councils, under the Protection of the Environment Operations Act 1997. The penalties for non-compliance are significant:
- Fines of up to $500,000 for businesses and councils, plus $50,000 per day for ongoing breaches
- Large supermarkets face $250,000 for failing to report food donations, with each unreported category treated as a separate offence
- On-the-spot fines of $5,000 may apply, with higher amounts for repeat offenders
What this means for businesses
NSW businesses governed by the Amendment (FOGO Recycling) Act 2025 will need to:
- Provide dedicated FOGO bins and arrange regular collection
- Train staff to separate FOGO waste correctly
- Keep accurate records for reporting purposes, where required
While there may be upfront costs, effective FOGO management can reduce general waste volumes and lower exposure to rising Waste Levies, delivering long-term savings.
Most importantly, businesses should view compliance as essential, not optional. The NSW Government has set a phased implementation timeline and applies strict penalties for non-compliance.
The Amendment (FOGO Recycling) Act 2025 is coming, and it affects a wide range of NSW businesses. Understanding the key dates, obligations, and potential fines now will help businesses stay prepared and ahead of the changes.
REMONDIS is here to help
REMONDIS can help your business, school or facility prepare for the upcoming legislative changes. We're experts in organics, waste and recycling management in NSW, so you can rely on our support. Our expertise is enabled by real infrastructure – we have dedicated food organics collection vehicles in our NSW fleet, and we operate two dedicated organics composting facilities in NSW with decades of experience closing the loop on organic wastes.
Contact REMONDIS for support with:
- Understanding if and when your business will be affected by the Act
- Undertaking a waste audit. Your obligations under the Act are governed by the size and number of your residual waste bins, so 'right-sizing' your bins is essential. Identifying recyclable organics, and implementing or optimising food organics separation will ensure compliance, and minimise your exposure to rising Waste Levies
- A competitive quote for your FOGO services, and an opportunity to see the value of bundling your organics and other waste and recycling services with REMONDIS – one account manager, one invoice, and the industry's leading Client Portal
- Educating your employees and customers to maximise separation and minimise contamination
Our NSW team is ready to help. Call 13 73 73 to be introduced to your local REMONDIS Sales Manager.
FAQs
Who does the Protection of the Environment Legislation Amendment (FOGO Recycling) Act 2025 apply to?
Local Councils:
- All councils must provide weekly FOGO collection services to households, including houses, apartments, boarding houses, and seniors housing. Councils must also ensure that FOGO waste is kept separate during transport.
Businesses and Institutions: A phased rollout begins for “relevant premises” that prepare or serve food or drink. These include:
- Supermarkets
- Childcare centres
- Correctional facilities
- Educational institutions
- Cafes, restaurants, and other food venues
- Hospitals
- Hotels and motels
- Mobile catering businesses (excluding serving locations)
- Registered clubs
- Seniors housing not serviced by council waste collection
- Residential accommodation serviced by private waste collectors
- Food courts and halls with shared seating
These premises must provide and maintain FOGO bins, ensure weekly collection, and prevent contamination with other waste.
Large Supermarkets:
- Those with a gross floor area of 1,000 m² or more must record and report monthly food donation volumes by category (e.g. meat, produce, frozen goods), and retain these records for five years.
Why is the NSW Government introducing the FOGO mandates?
The NSW State Government is introducing FOGO mandates to cut organic waste sent to landfill by half by 2030. Greater Sydney is running out of safe options to manage residual (red bin) waste, and landfill capacity is expected to be exhausted by 2030 or sooner.
Are there any exemptions?
While exemptions have not yet been finalised by the NSW Government, the NSW EPA may grant them when:
- access to services like FOGO is limited,
- infrastructure is unavailable, or
- existing contracts make compliance difficult,
ensuring businesses are not unfairly penalised for factors beyond their control.
What is the intention of the government for large supermarkets?
The government aims to incentivise the donation of usable food to avoid food waste.
Large supermarkets with a gross floor area of 1,000 m² or more must record and report monthly food donation volumes by category (e.g. meat, produce, frozen goods), and retain these records for five years.
Who is monitoring compliance?
Compliance will be monitored by the local councils and EPA NSW.
Helpful resources
To learn more about the new FOGO regulations, which will commence in July 2026, please refer to the resources below:
- NSW EPA: https://www.epa.nsw.gov.au/Your-environment/Recycling-and-reuse/business-government-recycling/Food-organics-and-garden-organics/fogo-mandates-and-rollout
- Protection of the Environment Legislation Amendment (FOGO Recycling) Bill 2025: https://legislation.nsw.gov.au/view/pdf/asmade/act-2025-1
- NSW Government: https://www.nsw.gov.au/ministerial-releases/nsw-government-taking-action-on-waste-crisis#
The information provided here is a summary and is subject to change. We recommend that all businesses independently verify their responsibilities under the Act.
Want to know more?
Media enquiries
Repute Communications
Matthew Watson
M +61 417 691 884
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