NSW food waste rules
for businesses.

This guide sets out what the NSW EPA says about the business food waste rules, in plain language, with links to the EPA pages so you can check every point. It is general information, not legal advice. If anything here differs from the EPA, the EPA is right.

The dates and thresholds

The rules start with the sites that put out the most general waste and reach smaller sites in three steps. The test is the capacity of your general waste (red lid) bins each week.

1. Comply by 1 July 2026, in force now

   3,960L or more a week

   The EPA's bin examples: six 660L bins, or 16 x 240L bins.

2. Comply by 1 July 2028

   1,980L or more a week

   Three 660L bins, or 8 x 240L bins.

3. Comply by 1 July 2030

   720L or more a week

   One 660L bin, or three 240L bins.

Residential accommodation that gets a commercial waste collection is also included, but only from 1 July 2030, and only where it has at least 660L of general waste bin capacity a week. Separately, councils must offer households a food and garden organics service by 1 July 2030.

Who is covered

The rules apply to "relevant premises". The EPA's list covers supermarkets, premises where food or drink is prepared or provided (including food and drink premises, accommodation, registered clubs, mobile catering and food courts), and a range of institutions. Read the full list on the EPA page, because the detail matters: a premises type on the list is only required to comply once it also reaches a capacity threshold.

Seasonal businesses are covered too. The EPA notes that if a site's bin capacity moves above or below a threshold during the year, the rules may apply at some times and not others.

How to count your bins

You are counting the capacity of your general waste bins, not how full they are. The EPA describes the thresholds as residual (general) waste capacity per week.

1. List each general waste bin and its size in litres. A standard wheelie bin is 240L; a large four-wheeled bin is often 660L.

2. Add them up for one week. If a bin is emptied more than once a week, check with the EPA how it is counted for your site.

3. Compare the total with 3,960L, 1,980L and 720L.

For example, a site with three 660L general waste bins has 1,980L a week, so as a relevant premises it must have a food waste collection by 1 July 2028. A site with two 240L bins has 480L, which is under all three thresholds for now. The EPA has an online FOGO calculator that does this sum for you, and our quick check walks through it.

What the law requires

The requirements sit in Chapter 5A of the Protection of the Environment Operations Act 1997. Section 170F sets out three things a covered site needs:

Councils are expected to check invoices or contracts to confirm these. On-site systems such as dehydrators are acceptable, as long as the site still meets the core requirements (see the pre-processing exemption below). On-site composting and worm farms are not restricted by the rules.

Exemptions, including Newcastle and the Hunter

The EPA has granted some time-limited exemptions. All of them have end dates and can be reviewed.

There are also exemptions for some government facilities and a process to apply for a custom exemption. See the EPA exemptions page for the full list and the gazettal notices.

An exemption is a delay, not a reason to wait. If your Newcastle site is above a threshold, 1 July 2028 is the date the rules reach you, and separating food waste now means the habit is set well before then.

Shared bins, landlords and food courts

If you hold your own waste contract, the responsibility is yours. If the waste contract is held by someone else, such as a property owner or facilities manager in a shopping centre, the EPA says the contract owner must work with tenants to manage food waste under the rules, including supplying enough food waste bins where the contract makes them responsible for bins, and making sure food waste is collected at least weekly. If you are a tenant, ask whoever arranges your general waste what their plan is.

Who checks, and the penalties

Local councils check most businesses, such as cafes, restaurants, pubs, clubs, food courts and nursing homes. The EPA checks government-run facilities such as hospitals, correctional centres and schools, and council-run facilities. The National Parks and Wildlife Service checks businesses in Kosciuszko National Park.

The EPA says councils and businesses can face maximum penalties of up to $500,000, with a further $50,000 a day for continuing offences, and on-the-spot fines of up to $5,000, with higher fines for second offences. The EPA also says it does not wish to punish anyone where access to a service is limited or too costly, and councils are encouraged to start with education and warnings where that fits.

What to do now

1. Count your general waste bins

   and note which date applies to your site.

2. Check whether an exemption applies

   especially if you are in the Hunter or outside Greater Sydney.

3. Talk to whoever holds your waste contract

   if you share bins.

4. Set up a weekly food waste collection

   in the back of house. Our weekly food waste collection includes a caddy, certified compostable liners, signage and a 120L bin, from $45 a bin a week (see prices).

5. Keep your invoices or contract

   since that is what a council officer may ask to see.

6. Brief your team

   on what goes in the caddy and what stays out.

Larger sites, or groups with several sites, can ask our advisory service to plan the change with them. For a shorter read, see what the NSW business food waste rules mean, or the difference between food organics and FOGO.

Sources

• NSW EPA, FOGO mandates and rollout (page updated 25 June 2026).
• NSW EPA, Exemptions from the FOGO mandates.
• NSW EPA, FOGO business mandate advice for councils.
• NSW EPA, FOGO calculator.

All facts on this page were checked against the NSW EPA pages above on 11 October 2026. General information, not legal advice.