The initiative aims to reduce the quantity of food waste going to landfill, cut emissions, and create valuable circular economy products like compost in the state. With food waste in landfill representing not only a huge waste of resources but also a substantial source of greenhouse gas emissions, the move has potential to create lasting positive environmental impact.

The legislation introduced in November was passed by the NSW parliament last week and will require businesses to comply with FOGO collection by July 2026, with households to follow from 2030. The NSW Environment Protection Authority (EPA) will oversee the transition, working with councils, industry, and the community to ensure a smooth rollout.

A primary reason for the new legislation is to take pressure off the states landfills, with about a third of municipal waste bins being taken up by food and garden organics and Greater Sydney’s landfill expected to hit capacity by 2030. Food businesses alone send 500,000 tonnes of organic waste to landfill each year, contributing significantly to greenhouse gas emissions.

According to the government’s projections, the state will divert nearly 950,000 tonnes of waste annually from landfill, turning it into useful products like compost for agriculture and landscaping. Every tonne of organic waste diverted saves approximately 1.5 tonnes of CO₂ emissions.

“NSW has ignored the crisis for landfill capacity for too long. We cannot kick this can down the road any longer,” said NSW Minister for the Environment Penny Sharpe in a statement.

“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.”

Local councils will be responsible for enforcing compliance from businesses like restaurants, pubs, food courts, and aged care homes, while the EPA will oversee government-run facilities. Large supermarkets are also required to comply and will need to report on the amounts and types of surplus food that they donate to charities such as OzHarvest, Second Bite and Foodbank.

To ensure councils comply, the legislation includes penalties of up to $50,000, with additional fines for continued non-compliance. However, the government has assured councils that exemptions will be available in cases where FOGO collection is impractical or cost prohibitive.

The NSW government will also provide funding for education and implementation to support this transition and the details of this financial support are expected to be released in the coming weeks.

Planet Ark welcomes the introduction of the statewide FOGO mandate as a necessary step for NSW in addressing food waste and improving resource recovery. The potential benefits to the environment and local communities are significant, and by ensuring strong community education and financial support for councils and businesses NSW can set a national example in turning food scraps into a valuable resource rather than allowing it to be wasted in landfill.

To learn more about how to reduce food waste, visit Recycling Near You.