FOGO Mandates Are Coming: What NSW Businesses and Property Owners Need to Know
New South Wales is moving toward a significant shift in waste management, with the rollout of FOGO (Food Organics and Garden Organics) mandates set to impact households, businesses, and property owners across the state.
While these changes are aimed at reducing landfill and improving sustainability outcomes, they also introduce new compliance requirements, particularly for businesses, strata schemes, and property owners.
What is changing?
The NSW Government has committed to mandating FOGO services across the state as part of its broader waste and circular economy strategy.
Key timelines include:
- By 2030: All NSW households will be required to have access to FOGO services
- By 2030: Certain businesses and institutions will also be required to separate food waste from general waste
A phased rollout will occur, with local councils progressively introducing FOGO systems in their areas
The goal is to divert organic waste from landfill, where it produces harmful methane emissions, and instead process it into compost or other reusable materials.
Who is affected?
While households will see the most visible changes, the legal and operational implications are particularly relevant for:
- Commercial property owners and landlords
- Strata schemes and body corporates
- Hospitality and food-related businesses
- Large organisations producing food waste (e.g. schools, aged care, hospitals)
If your property or business generates food waste, you will likely be required to implement systems to separate and dispose of it correctly.
What does this mean in practice?
For many, this will involve:
- Introducing separate bins for food and organic waste
- Updating waste management contracts
- Ensuring tenants, staff, or occupants understand and comply with new requirements
- Potentially upgrading infrastructure (e.g. bin storage areas, signage, collection systems)
For strata and multi-occupancy properties, this can become complex, particularly where space is limited.
Legal considerations to be aware of
As these mandates roll out, there are several legal considerations which businesses and property owners should keep in mind:
1. Lease and tenancy obligations
Commercial leases may need to be reviewed or updated to clarify:
- Who is responsible for waste separation and compliance
- Cost allocation for additional services or infrastructure
- Obligations around bin storage and access
2. Strata by-laws and compliance
Strata schemes may need to introduce or amend by-laws to:
- Require proper use of FOGO bins
- Manage contamination risks
- Address disputes between residents
3. Contractual arrangements
Waste management agreements should be reviewed to ensure they:
- Reflect new FOGO requirements
- Allocate responsibility clearly
- Avoid unexpected cost increases or service gaps
4. Risk of penalties and non-compliance
As regulations tighten, failure to comply with waste separation requirements may expose businesses or property owners to:
- Fines or regulatory action
- Reputational damage
- Disputes with tenants, occupants, or contractors
Preparing for the transition
Although full implementation is still being phased in, early preparation will reduce disruption and risk.
Practical steps include:
- Reviewing existing waste management practices
- Auditing lease agreements and strata rules
- Engaging with waste providers early
- Educating tenants, staff, or residents on upcoming changes
How we can help
The introduction of FOGO mandates is more than an operational change, it has legal and contractual implications which should not be overlooked.
Our team can assist with:
- Reviewing and updating lease agreements
- Ensuring that any new leases which will extend the implementation date contain the required frameworks
- Advising on strata by-laws and governance
- Assessing contractual risks with service providers
- Providing guidance on compliance obligations
