Exemptions from the FOGO mandates

Information about generic exemptions and custom exemptions to the NSW Government Food Organics and Garden Organics (FOGO) mandates.

The NSW EPA has granted a number of early generic exemptions from the FOGO mandates to help support a practical transition for councils and businesses.

Where generic exemptions do not apply, councils and businesses may apply for a custom exemption if compliance is demonstrated to be unreasonably burdensome or not feasible. 

Background

The Protection of the Environment Operations Act 1997 (POEO Act) mandates source-separated FOGO collection for households and certain premises. 

The EPA may consider granting exemptions to the mandates where compliance

  • is impractical or would be overly punitive (including financially)
  • presents a high risk to the environment or human health, and/or
  • would disadvantage other methods that are fit-for-purpose and achieve the same or better environmental outcomes.

The purpose of exemptions

Exemptions are designed to support a transition period, helping stakeholders develop the capacity to meet the FOGO requirements over time. All exemptions are currently time-limited and will be reviewed before their end date. The EPA may amend or revoke exemptions earlier if needed.

Generic exemptions

Front of house

Businesses and organisations (relevant premises) are exempt from complying with section 170F of the POEO Act in relation to the collection and transportation of food organics waste generated in areas of the premises that are intended or designed to:

  • be used by persons to consume food or drink or both, regardless of whether there is another use for the area; and
  • be accessible by persons other than staff, employees or contractors of the relevant premises.

Download the gazettal notice for this exemption (PDF 204KB)

Businesses are still required to source separate food waste in back-of-house food preparation areas.

Examples of areas exempt from the mandate include:

  • dining areas in a food court or café
  • areas accessible by patients or the public in a hospital
  • a playground in a school where students eat their lunch.
  • Timeframe: From 1 July 2026 until 1 July 2030.
Rural businesses

Businesses and organisations (relevant premises) 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
  • Timeframe: From 1 July 2026 until 1 July 2028.

For the avoidance of doubt, the following council regions are exempt regional areas:

  • Balranald Shire Council
  • Bland Shire Council
  • Blayney Shire Council
  • Bogan Shire Council
  • Bourke Shire Council
  • Brewarrina Shire Council
  • Broken Hill City Council
  • Cabonne Shire Council
  • Carrathool Shire Council
  • Central Coast Council
  • Central Darling Shire Council
  • Cobar Shire Council
  • Coonamble Shire Council
  • Cowra Shire Council
  • Dungog Shire Council
  • Eurobodalla Shire Council
  • Gilgandra Shire Council
  • Glen Innes Severn Shire Council
  • Griffith City Council
  • Gunnedah Shire Council
  • Hilltops Council
  • Inverell Shire Council
  • Lachlan Shire Council
  • Liverpool Plains Shire Council
  • Mid-Coast Council
  • Narrandera Shire Council
  • Newcastle City Council
  • Oberon Council
  • Port Stephens Council
  • Shoalhaven City Council
  • Tamworth Regional Council
  • Temora Shire Council
  • Tenterfield Shire Council
  • Upper Lachlan Shire Council
  • Uralla Shire Council
  • Walcha Council
  • Walgett Shire Council
  • Warren Shire Council
  • Warrumbungle Shire Council
  • Weddin Shire Council
  • Wentworth Shire Council
  • Wingecarribee Shire Council
  • Yass Valley Council.

Following the announcement that Cootamundra-Gundagai Regional Council will be demerged, businesses located within the future Cootamundra Council area are also eligible for the Rural Business Exemption, as households in this area do not receive a FOGO collection service.

The exemption will continue to apply to businesses until 1 July 2028 in instances where the council adopts a household FOGO service during the timeframe of the exemption.

Download the gazettal notice for this exemption (PDF 179KB)

Rural households

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.

Download the gazettal notice for this exemption (PDF 164KB)

Multi-unit dwellings

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.

Download the gazettal notice for this exemption (PDF 170KB)

Custom exemptions

Councils and businesses are able to apply for a custom exemption if no generic exemption applies and compliance with the FOGO mandates is demonstrated to pose an unreasonable burden.

When assessing custom exemption applications, the EPA considers a range of factors including geographic constraints, existing contractual obligations, viable alternatives to FOGO collection, temporary operational issues, and the applicant’s plan to transition to compliance with the FOGO mandates.

More details on how to apply, including full eligibility criteria and the application form, is available on the custom exemptions webpage.

Record-keeping requirements

Councils and businesses eligible to rely on generic or custom exemptions should maintain records to demonstrate that they meet the eligibility criteria for the relevant exemption. This may include:

  • development application, occupation certificate or building approvals
  • tender or contract evaluations for costings or availability
  • FOGO implementation plans
  • contracts with end dates beyond mandate implementation dates and break clauses
  • FOGO education materials.

The EPA and councils may request proof of ongoing eligibility for an exemption during compliance checks. 

More information

Contact the EPA for more information on: