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Home Waste Management

NSW passes landmark FOGO legislation

by Sarah MacNamara
February 25, 2025
in Community, Council, Environment, Environment and Sustainability, News, NSW, Policy, Sustainability, Waste Management
Reading Time: 4 mins read
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Image: tommoh29/stock.adobe.com

Image: tommoh29/stock.adobe.com

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New South Wales has become the first state in Australia to implement a statewide mandate for food organics and garden organics (FOGO) recycling to prevent a waste crisis. 

The legislation mandates FOGO collection services for households by July 2030, and for businesses and institutions in stages from July 2026, as landfill is due to reach capacity in Greater Sydney by 2030. 

FOGO bins will be rolled out at premises such as supermarkets, pubs, cafes, universities, schools, hotels and hospitals. Large supermarkets will also be required to report on the amounts and types of surplus food donated to charities like OzHarvest, Second Bite and Foodbank. 

With FOGO taking up to a third of household red bin capacity, the legislation aims to take some pressure off landfill and take the state one step closer to a circular economy, where resources are recycled, reused and repurposed. 

The new laws are backed by a $81 million FOGO Fund to go largely to Councils for infrastructure including bins, kitchen caddies and liners, contamination audits, community education programs and staffing, including a $9 million boost in funding: 

  • $4 million to support implementation in apartments and multi-unit dwellings 
  • $3 million for a statewide advertising campaign to raise awareness and encourage behaviour change 
  • $1 million for councils with existing FOGO services to conduct annual ‘booster’ education campaigns 
  • $1 million for a pilot to tackle contamination hotspots using artificial intelligence 

The new laws are projected to divert up to 1Mt of organic waste from landfill each year. Most will be transformed into high-quality compost for parks, sporting fields and agriculture, promoting healthier soils and sustainable food production. 

The NSW Environment Protection Authority is working closely with communities, councils and industry to ensure a smooth and effective transition. 

A step-by-step Best Practice Guide has also been launched to help councils introduce FOGO and manage contamination risks. 

To learn more about the rollout, visit the NSW EPA website. 

The New South Wales Government said the next step to tackle the waste crisis is the refinement of the Energy from Waste framework in the state. 

A discussion paper outlines some small, proposed changes to the existing Energy from Waste framework, including clarification around the definition of thermal treatment. 

Public consultation is open from Tuesday 25 February until Tuesday 8 April 2025, and feedback can be provided through the New South Wales Government’s Have Your Say platform. 

New South Wales Minister for Energy, Penny 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. 

“These new laws are backed by $81 million to support councils to move to FOGO by 2030.” 

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