It’s all go for FOGO - new Act creates new demands on councils for managing organic waste

Source-separated collection of food organic and garden organic (FOGO) waste has been discussed for many years as a way to reduce both stress on landfills and environmental harm. In fact, the NSW Waste and Sustainable Materials Strategy 2041 includes, among its targets, halving the volume of organic waste going to landfill by 2030.

Recently passed legislation now places obligations on councils to help realise that goal.

The Protection of the Environment Legislation Amendment (FOGO Recycling) Bill 2025 (FOGO Bill) amends the Protection of the Environment Operations Act 1997 (POEO Act) to require source separated collection of food organics and garden organics waste from households and businesses.

It is the first State Act of its kind and requires fundamental changes to local councils’ waste collection and management.

What's changed?

The FOGO Bill introduces a new chapter 5A to the POEO Act. One section, 170E, requires local councils to:

• Provide each household in their area with an organic waste collection bin (or separate food organic and garden organic bins) large enough to hold the average amount of FOGO waste generated by a household of that type.

• Ensure that food organic waste is collected and transported away at least once a week. Garden organic waste may be collected and transported at a frequency each council considers appropriate.

• Ensure that FOGO waste is not mixed with non-organic waste during transportation.

Penalties for non-compliance

From 1 July 2030, non-compliance may attract a penalty of up to $500,000, and a further $50,000 for each day the offence continues.

Importantly, councils are not required to comply with the provisions of section 170E, and an offence is not committed against section 170E for failure to comply, before 1 July 2030.

Exemptions

The Act contains provisions to support councils in meeting the additional responsibilities imposed by the FOGO Bill.

The new section 170I provides the EPA broad powers to grant exemptions from a provision contained in the new chapter.

An ongoing exemption may be granted where a local council is unable, for example, to meet a particular provision due to remoteness or lack of infrastructure. A temporary exemption may be granted where councils require additional time to respond to the changes required by the FOGO Bill.

However, as the requirements do not take effect until 1 July 2030, councils are encouraged to use that time to understand and prepare to respond effectively.

Households serviced by a private waste certifier rather than a local council will be dictated by the business mandate provisions in section 170F, which also take effect from 1 July 2030.

Challenges for councils

It is up to each council whether FOGO waste is collected in separate food and garden organic bins, or one combined bin. Some councils that already collect garden organic waste may use those bins to include food organic waste, assuming bin capacities are sufficient.

However, one challenge is that food organic waste must be collected weekly. Food organic waste makes up more than onethird of NSW household waste (i.e. red bin waste). The separation of food organic waste from nonorganic waste collection is likely to affect required bin sizes for many councils.

Ensuring that FOGO waste is not contaminated by non-organic waste will also pose a challenge. Councils will likely need to invest in ratepayer education to minimise its occurrence and comply with the legislation.

Also challenging will be managing food organic waste collection in multi-unit dwellings where curbside or bin room areas are limited. Councils may need to explore using small bins or kitchen caddies in these locations.

Councils will also need to consider the new legislative requirements when assessing development proposals, including provision for bin storage and curbside collection areas.

Summary

The FOGO Bill provides clear future requirements and responsibilities on councils in managing the collection and transportation of FOGO waste.

We recommend councils study the FOGO Bill closely and adjust their plans and policies to ensure compliance and avoid the possibility of penalties.

Authors: Dennis Loether & Monique Lewis

Read Council Connect April 2025 issue

This publication is intended as a source of information only. No reader should act on any matter without first obtaining professional advice.