Exemptions from the FOGO mandates

Councils are exempt from collecting and transporting FOGO waste (under section 170E of the POEO Act) from exempt multi-unit dwellings.

Occupiers of exempt multi-unit dwellings who have a commercial waste service provider are also exempt from complying with section 170F of the POEO Act in relation to the collection and transportation of food organics waste generated at the dwellings.

• An exempt multi-unit dwelling is a building that
  • was legally occupied before 1 July 2030; and
  • uses a waste chute not designed for separating FOGO waste; and
  • lacks a shared waste collection room/area for residents.
• Separately, councils are also exempt from collecting and transporting garden organics waste from multi-unit dwellings without a shared garden, as long as they collect food organics waste from those dwellings in accordance with the mandate.
• Multi-unit dwellings include apartments, residential flat buildings, and shop top housing.
• Timeframe: From 1 July 2030 until 1 July 2035.

Councils are exempt from collecting and transporting FOGO waste (under section 170E of the POEO Act) from exempt rural households if the council provides annual education on managing FOGO waste on-site (e.g. by composting).

• An exempt rural household is any household on a property ≥2 hectares, such as a single house, dual occupancy, rural worker’s dwelling, secondary dwelling, or semi-detached dwelling.
• This exemption applies in all NSW local government areas.
• Timeframe: From 1 July 2030 until 1 July 2033.

Businesses captured by the FOGO business mandate are exempt from complying with section 170F of the POEO Act in relation to the collection and transportation of food organics waste generated at their premises if they are located in exempt regional areas.

• An exempt regional area is a Local Government Area
  • not within the Greater Sydney Region, as referred to in Schedule 1 of the Interpretation Act 1987; and
  • where the council does not yet provide FOGO or food organics waste collection services in the area.
• Timeframe: From 1 July 2026 until 1 July 2028.

Food court operators are exempt from complying with section 170F of the POEO Act in relation to the collection and transportation of food organics waste generated in the food court’s common seating area. 

• A food court includes premises where seating is provided within a common food court or food hall for the immediate consumption of food or drink purchased at the premises.
• This exemption only applies where operators of food and drink premises at or near the food court (e.g. takeaway food places and cafes) don’t have management and control of providing the bins in the food court and collecting waste from those bins.
• This exemption is intended to apply to food courts in large shopping centres rather than individual cafés and restaurants that have a separate and designated seating area for their customers.
• This exemption does not apply to food organics waste generated in the kitchen and food preparation areas of food and drink premises located at or near the food court (i.e. these premises must still separately collect and transport food organics waste in their back-of-house’)
• Timeframe: From 1 July 2026 until 1 July 2030.

Under the generic rural household exemption, councils are exempt from collecting FOGO waste from households on properties 2 hectares or larger, if they provide the household with annual education about on-site FOGO management.

Under the generic regional business exemption, businesses are exempt from ensuring food organics waste is separately collected and transported from their premises where

• the business is located in a Local Government Area not within the Greater Sydney Region and
• the local council does not yet provide FOGO or food organics waste collection services in the Local Government Area.

For other rural or regional premises and areas, councils or businesses can apply for a custom exemption if compliance is impractical, financially burdensome or poses environmental risks.

Food and drink premises in food courts must source-separate food organics at the back of house e.g. in their kitchen and food preparation areas. 

However, food court operators are exempt from providing bins to separately collect food organics in common seating areas until 1 July 2030, due to challenges with management oversight and contamination risks. 

This exemption only applies to food courts where food and drink premises in the food court don’t have control over bin provision or waste collection in the common seating area (i.e. it does not apply to individual cafes or restaurants with their own designated seating).

Businesses using alternative circular methods for FOGO, such as insect farms or other circular technologies, can apply for a custom exemption from the FOGO mandates. The application must demonstrate that the alternative method achieves equivalent or better environmental outcomes.

The responsibility generally lies with the person holding the waste contract. In shopping centres that is generally the shopping centre management, with supermarkets and other larger businesses having separate collection contracts. Both parties should collaborate to ensure adequate bin capacity and compliance with the mandates. The EPA recommends clarifying responsibilities in lease agreements.

The mandate does not specify the type of service or process for collection, only that food waste must be collected in a separate bin to non-organic waste. Waste service providers are expected to work with the business to set up the collection model most relevant for the facility. 

Bins liners must either be fibre-based kitchen caddy liners (e.g. paper or newspaper) or certified compostable liners that comply with the Australian Standard AS 4736-2006 (for commercial composting).

If your council provides your property a red-lid bin waste collection service, they will be required to provide a FOGO waste collection service to your property unless an exemption is in place. A FOGO waste collection can accept meat, bones, citrus peels and other organics material that cannot be placed in a home compost. Organic waste from the FOGO bin can then be processed into compost and soil conditioners for use on local parks, sporting fields and agricultural land. 

However, if you live on a property that is 2 hectares or larger, your local council may decide to rely on the generic rural household exemption and not provide you with a FOGO bin during the exemption period.