Under the Waste and Sustainable Materials Strategy 2041, the NSW Government set out goals of halving organics (including food waste) going to landfill with the aim of achieving net zero emissions from organics in landfill by 2030. The NSW EPA has now released a proposal paper to mandate the collection of Food and Garden Organics (FOGO) throughout NSW to give effect to the strategy.
Public consultation is open until 5pm Monday, 15 July 2024.
Key takeouts
- From 1 July 2025, certain businesses, including large supermarkets, institutions and hospitality businesses will be required to have source-separated food organics collection bins.
- From 1 July 2025, large supermarkets will also be required to report on surplus food donations to food charities.
- From 1 July 2030, all NSW households will be required to have a source-separated FOGO collection bins.
- There will be court imposed maximum penalties and fines to deter non-compliance with added penalties for continuing offences.
NSW households generate 1.2 million tonnes of food and garden waste annually, with businesses contributing over 500,000 tonnes. This waste emits harmful greenhouse gases in landfills. Food and garden waste can be turned into compost for parks, sporting fields, and agriculture. Every tonne of organic waste diverted from landfill saves 1.5 tonnes of CO2 from being emitted.
Business mandate
The business mandate requires organics collection bins be provided for the collection of food waste from businesses. Once the mandate is legislated, organic and non-organic waste must not be mixed during transportation – which means food waste must be source separated at businesses.
It is proposed that the business mandate will apply to the following premises:
- Large supermarkets (premises that retail grocery foods with a gross floor area of at least 1,000m2);
- Institutions being:
- correctional complexes / centres,
- centre-based childcare facilities,
- educational establishments,
- hospitals, and
- seniors’ housing for which the council does not provide a regular collection service for the transport of residual waste.
- The hospitality industry being:
- food and drink premise,
- hotel or motel accommodation,
- registered clubs,
- mobile catering business premises excluding premises at which the food is served, and
- premises with seating in a common food court for the consumption of food or drink bought at the premise.
Start dates will be staggered based on residual bin capacity, so the largest waste generators will transition first:
- Premises with ≥3,800L of residual waste bin capacity to start on 1 July 2025
- Premises with ≥1,900L of residual waste bin capacity to start on 1 July 2027
- Premises with ≥660L of residual waste bin capacity to start on 1 July 2029.
For building complexes such as supermarkets, the requirements will be placed on whoever is in charge of management and control of residual waste collection services (e.g. building complex owner, not individual tenants).
Household mandate
It is proposed that the household mandate will start on 1 July 2030 and apply as follows:
- All NSW Councils must ensure that residential accommodation in their local government area is provided with organics collection bins for food waste and garden waste generated by residents in that accommodation; and
- organic waste collected must not be mixed with other waste during its transportation.
Have your say
The waste industry and community are being consulted on:
- What parts of the state the mandates should apply to? For example, whether the mandate should be restricted to the Metropolitan Levy Area and the Regional Levy Area.
- If the frequency of food waste collections should be mandated?
- If there should be some exemptions to where the mandates apply? For example, towns below a certain population size and density, and/or a certain distance from processing facilities in the non-regulated areas.
- If there are other aspects of the draft FOGO proposal that need to be considered?
The mandate demonstrates the NSW EPA’s dedication to diverting organic waste from landfill. Businesses will need to carefully consider how the proposed mandate may affect their operations, as well as what they will need to do be compliant.
If you are concerned about the proposed mandate and how it may affect your business, we recommend that you contact us to discuss.
