NSW Councils Must Collect Food and Garden Waste Weekly by 2030, and Company Directors Can Be Held Liable for Food Donation Law Breaches

Protection of the Environment Legislation Amendment (FOGO Recycling) Bill 2024

18 Mar 2025: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Legislative Council

Legislative Assembly

Assent

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Topics

corporate governance corporate liability environmental protection executive accountability food waste local government waste management

Introduced by: The Hon Penny Sharpe MLC (ALP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

Directors, managers, or people who influence a corporation's conduct can be held personally liable if their corporation commits an environmental offence, including breaking laws regarding food donation recording and reporting.
The Secretary of DCCEEW replaces the Planning Secretary in the Protection of the Environment Operations (General) Regulation 2022.
Regulatory authorities can issue prevention notices to people they suspect are handling food donations in an environmentally unsatisfactory way. These notices can order people to record their food donations or take other steps to follow the law.
The EPA or other regulatory authorities can publish information about food donations made by large supermarkets, including the name of the operator and the supermarket location.
From 1 July 2030, local councils must provide every household with enough bins to hold their food and garden organics waste.
From 1 July 2030, local councils must collect food organics waste at least once a week. They must also ensure this organic waste is not mixed with general waste during transport.
Occupiers of large premises must provide enough bins for food organics waste and ensure the waste is collected at least once a week. This does not apply to premises with a total weekly bin capacity of less than 720L.

The Debate

What different members said when this bill was debated:

Paul Toole NAT

“I continue my contribution to debate on the Protection of the Environment Legislation Amendment (FOGO Recycling) Bill 2024. Each year in New South Wales, households and businesses generate an enormous amount of waste. Most of that material is collected in red-lid rubbish bins and ends up in landfill.”

Official source →

Richie Williamson NAT

“I support the Protection of the Environment Legislation Amendment (FOGO Recycling) Bill 2024. I do so as one of the first mayors in New South Wales to bring in this system, in 2012, when I was mayor of Clarence Valley Council. Both councils in my electorate—Richmond Valley and Clarence Valley councils—have had the FOGO system for a very long time.”

Official source →

Kobi Shetty GRN

“On behalf of The Greens I contribute to debate on the Protection of the Environment Legislation Amendment (FOGO Recycling) Bill 2024. I will keep my comments brief as my colleague Dr Amanda Cohn, the New South Wales Greens spokesperson on both waste and local government, has already made a significant contribution to debate on the bill in the other place.”

Official source →

Donna Davis ALP

“I am pleased to speak in support of the Protection of the Environment Legislation Amendment (FOGO Recycling) Bill 2024. This Government recognises that we have an extreme challenge to overcome. Sydney is running out of landfill capacity and people are producing more waste than ever before.”

Official source →

Jenny Leong GRN

“I contribute to debate on the Protection of the Environment Legislation Amendment (FOGO Recycling) Bill 2024 and wholeheartedly support the comments made by my Greens colleagues the member for Balmain in this House and Dr Amanda Cohn in the other place. Every year in New South Wales 1.7 million tonnes of food and organic waste are generated by households and businesses.”

Official source →

Greg Piper IND

“I am very pleased to speak to the Protection of the Environment Legislation Amendment (FOGO Recycling) Bill 2024, which will hopefully see the introduction of FOGO throughout New South Wales. I am proud to report that residents of Lake Macquarie were relatively early adopters of FOGO.”

Official source →

Jacqui Scruby IND

“I speak in support of the Protection of the Environment Legislation Amendment (FOGO Recycling) Bill 2024. Separating organic waste, composting it and re‑using it are a no‑brainer. New South Wales is running out of landfill space, especially in Greater Sydney. Without action, landfill space will run out by 2030, which is only five years away.”

Official source →

Trish Doyle ALP

“We have heard a number of contributions to debate on the Protection of the Environment Legislation Amendment (FOGO Recycling) Bill 2024 over the past fortnight. I thank the member for Manly, and shadow Minister, for his contribution on behalf of the Opposition, and I thank the member for Balmain for her contribution on behalf of The Greens.”

Official source →

News articles and press releases

Protection of the Environment Legislation Amendment (FOGO Recycling) Bill 2024

The Hon. PENNY SHARPE, Minister for Climate Change — 2024-11-21

The bill proposes amendments to the Protection of the Environment Operations Act 1997 to mandate the source-separated collection of food and garden organics waste, also known as FOGO, from households and of food waste from businesses. The bill also mandates the reporting of food donations by large supermarkets. These measures are urgent and timely to help solve significant waste challenges that are facing the people of New South Wales. There is no beating around the bush: Greater Sydney is running out of landfill. Our recycling rates have stagnated at 2016 levels. There are problems in regional areas too. Areas like Port Macquarie and Coffs Harbour are also predicted to reach waste capacity within the decade.