FOGO mandates custom exemptions

The NSW Government is committed to supporting councils, businesses and institutions in transitioning to source-separated FOGO collection services.

While generic exemptions have been granted to assist with common challenges, they may not apply in all cases. To help manage specific or complex circumstances, the EPA has developed custom exemptions to support the transition to compliance with the FOGO mandates.

Circumstances where the EPA will consider granting a custom exemption

The EPA will consider granting a custom exemption where compliance with the FOGO mandates is demonstrated to be unreasonably burdensome or unfeasible, given the timeframes and requirements set out in the Protection of the Environment Operations Act 1997 (POEO Act).

When applying for a custom exemption, stakeholders must provide relevant information and evidence to demonstrate that the proposed exemption is:

• not covered by an existing exemption, and
• time-limited and justified for the specified time period, and
• required and reasonable for the applicant's specific circumstances.

Application assessment

The EPA will adopt a holistic approach in assessing applications received, weighing up a range of factors to determine whether a custom exemption is required and reasonable. Each exemption application will be assessed on its merits depending on the particular circumstances and evidence provided. 

Examples of the considerations when assessing exemption applications are in Table 1 for household mandates, and Table 2 for business mandates, noting these are examples only and not an exhaustive list. 

Table 1: Considerations for custom exemption applications – household mandates

Table 2: Considerations for custom exemption applications – business mandates

How to apply for a custom exemption

Apply for a custom exemption

Timeframes for custom exemption applications

The EPA will review custom exemption applications when all relevant information has been received. 

The EPA anticipates that it will generally take between 8–12 weeks for applicants to receive a final determination based on the complexity of the proposed custom exemption, and overall volume of applications. Please note that there is a two-week EPA shutdown period between 25 December 2025 and 9 January 2026 inclusive which is excluded from the anticipated determination timeframes.

If we propose to refuse an application, the applicant will be notified in writing and invited to provide comments or further information before a decision is made, to ensure procedural fairness. Where an application is then refused, applicants will be notified in writing.

Where an application is approved, the EPA will publish the exemption in the NSW Government Gazette and notify the applicant in writing. A register of exemptions granted may also be posted on the EPA website. If there are valid confidentiality concerns the applicant must advise the EPA in writing during the application process, and if warranted in such instances, custom exemptions can be issued by direct written notice only.

Record keeping

Councils and businesses granted custom exemptions should maintain records that demonstrate that they meet the eligibility criteria. This may include:

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

Authorised offices from the EPA and councils may request proof of ongoing eligibility for an exemption during compliance checks.

Variations and revocations

The EPA may, at any time, vary or revoke any exemptions that it has granted from the FOGO mandates. The variation or revocation may be initiated by an application or undertaken on the EPA’s own initiative where circumstances have materially changed. Consultation with affected parties will occur before a custom exemption is varied or revoked to afford procedural fairness.