NSW FOGO Rules for Businesses and Strata: What Changed in 2026
In short: since 1 July 2026, NSW businesses and institutions whose general waste bins add up to 3,840 litres or more a week must separate food waste and have it collected at least weekly. The threshold drops to 1,920 litres in July 2028 and 660 litres in July 2030, when every household must also have a food or FOGO bin. Apartment buildings serviced by a private waste contractor are covered by the business rules, so some strata buildings are affected now, not in 2030.
What is the new law?
The rules come from the Protection of the Environment Legislation Amendment (FOGO Recycling) Act 2025, which added food waste requirements to the NSW Protection of the Environment Operations Act. It sets out obligations for two groups: councils (for households) and the occupiers of business and institutional premises.
Which businesses are covered, and when?
The trigger is the weekly capacity of your general waste (red-lid) bins, not how much food you throw away.
| From | General waste capacity per week | Roughly |
|---|---|---|
| 1 July 2026 | 3,840 L or more | 16 × 240 L bins, or 6 × 660 L bins |
| 1 July 2028 | 1,920 L or more | 8 × 240 L bins, or 3 × 660 L bins |
| 1 July 2030 | 660 L or more | 3 × 240 L bins, or 1 × 660 L bin |
Covered premises include supermarkets, cafés and restaurants, hotels, clubs, food courts, childcare centres, schools, hospitals, seniors housing and correctional centres. Once covered, the occupier must:
- provide enough food waste bins for the food waste produced
- have them collected at least weekly
- keep food waste separate from other waste all the way to the recycling facility
In a food court, the centre manager is responsible, not each tenant. The NSW EPA has a FOGO calculator on its website to check whether your premises are covered.
Does it apply to strata and apartment buildings?
It depends on who collects your waste.
- Council collects your bins: your council must offer a food (FO) or food and garden (FOGO) service to every household by 1 July 2030. Many Sydney councils have already started. The Act does not put a direct obligation on the owners corporation.
- A private contractor collects your bins: residential buildings with a private waste service are listed as covered premises under the business rules. If the building's general waste capacity is over the threshold, the food waste obligations apply from the dates above.
Who counts as the "occupier" of a strata building is not spelled out in plain terms. Owners corporations should check with their strata manager, waste contractor or the EPA, and review waste contracts and by-laws now.
What goes in the food waste bin?
- FOGO is one bin for food and garden waste. FO is food only, which suits apartments without gardens.
- The EPA's best practice is all food, including meat, fish, dairy and bones, plus garden waste in FOGO bins.
- The only non-food item allowed is a compostable caddy liner certified to AS 4736. Plastic bags, "biodegradable" bags and packaged food are contamination.
- Councils differ on details such as bones and liners, so check your council's list.
What does it mean for your bin room?
Most older buildings were designed for two bin types, not three. Adding food waste usually means:
- Space: extra bins in the bin room, or smaller 120–140 L organics bins where space is tight. Parramatta, for example, plans for one 240 L FOGO bin per five units in shared bin rooms.
- Odour and pests: food waste smells and attracts vermin faster than general waste. Weekly collection is the minimum, and bins and bin rooms need regular washing.
- Chutes: food waste should not go down a garbage chute. Residents need to carry it to the bin room.
- Contamination: clear signage in several languages, and kitchen caddies for each apartment, cut contamination.
What are the penalties?
The maximum court penalty for a business that fails to comply is $500,000 for a corporation plus $50,000 a day, and $250,000 plus $25,000 a day for an individual. On-the-spot fines start at $5,000 for a corporation and $1,000 for an individual. Councils enforce the rules for most hospitality and food venues.
How we can help
M&I Cleaning & Waste Management Services runs waste audits, manages strata bin rooms and cleans bins and bin rooms across Sydney. An audit shows what your building or business actually throws away, whether you are over a threshold, and how many bins you need, before a fine or a council notice arrives.
Frequently asked questions
Do I have to separate food waste if I'm a small café?
Not yet, if your general waste bins are under 3,840 L a week. You will be covered from July 2028 if you are at or above 1,920 L, and from July 2030 at 660 L or more.
Can we get an exemption?
The EPA can grant exemptions, for example where there is no collection service available, existing contracts, or not enough space for bins. Apply to the EPA directly.
How often should food waste bins be cleaned?
There is no legal frequency, but food waste bins smell and attract pests quickly. Washing bins and the bin room regularly, and more often in summer, keeps complaints down.
This guide summarises the NSW FOGO rules as at September 2026. It is general information, not legal advice. Use the NSW EPA calculator and guidance to confirm how the rules apply to your premises.
Sources: FOGO Recycling Act 2025 · Small Business NSW: FOGO rules from 1 July 2026 · NSW EPA guide to best practice FOGO · NSW EPA: exemptions · City of Parramatta FOGO · Inner West: food recycling for apartments
