Food-waste rules differ in every state. NSW now compels businesses; the others use targets and incentives. Here is what applies to your business state by state, without the spin.
Food-waste recycling is one of the most confused topics in Australian waste, because the rules are different in every state and most coverage muddles household schemes with business obligations. Here is the clean version, state by state, for a business owner who needs to know what actually applies.
FOGO means food organics and garden organics collected together. That is a household kerbside concept: a green-lid bin for food scraps and garden clippings.
For a business, garden waste is rarely the issue; it is the food scraps from your kitchen. So where business rules exist, they target food organics (FO), kept separate from general waste. Keep that distinction in mind as you read, because it changes what bin you need.
NSW is the only state that legally compels businesses. From 1 July 2026, the largest food-waste generators must separate food organics and have them collected at least weekly, under the FOGO Recycling Act 2025 which amends the Protection of the Environment Operations Act. The rollout is staged through 2028 and 2030 as the thresholds tighten, and the NSW EPA enforces it with substantial penalties. If you run a cafe, restaurant, pub, supermarket, hotel, hospital or school in NSW, this is a legal duty, not an option.
Victoria is moving every council to a four-bin system, with a glass bin by 2027 and a food-and-garden (FOGO) bin by 2030. That program is written for council household kerbside collection. It does not impose a food-waste mandate on businesses. Victorian businesses still arrange their own commercial collection and can choose to separate organics to cut general-waste cost, but they are not legally forced onto FOGO.
South Australia diverts a very high share of organics and most households have kerbside food and garden collection. The state leads the country, but it does so through long-running strategy, infrastructure and incentives, not a business mandate. An Adelaide cafe is encouraged and well supported to separate food waste, and it usually pays off on the bill, but it is not compelled the way an equivalent business in Sydney now is.
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Get a quoteQueensland has an organics strategy aiming to lift food and garden diversion through the decade, delivered largely through council kerbside programs and funding. There is no business food-waste mandate. Queensland businesses separate organics on a commercial basis where it makes sense for their volumes.
Western Australia's waste strategy pushes a three-bin household system, including a FOGO bin, across local governments. Again this is household-facing. WA businesses are not under a food-waste mandate, though rising levies make diversion increasingly worthwhile.
Do not let anyone tell you a Victorian, SA, Queensland or WA business is legally forced onto FOGO. Only NSW compels business at this stage.
Rules and targets vary by council and change each 1 July, so confirm what applies to your site with your council or state EPA before acting.
Is FOGO mandatory for my business? Only if you are a relevant premises in NSW from 1 July 2026. No other state compels businesses yet.
Will my state follow NSW? Possibly. Levies are rising everywhere and several states have organics targets, so it is sensible to set up separation before any future mandate, but nothing is legislated elsewhere today.
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Waste Management Specialist at Bin Hire Australia. Helping Australian businesses find the right waste solutions.
Only New South Wales, from 1 July 2026 for larger generators. Victoria, SA, Queensland and WA use household reforms, targets and incentives, but do not legally compel businesses to separate food waste.
FOGO is food and garden organics combined, a household kerbside concept. Business rules target food organics (FO) only, separated from general waste. For a kitchen it is the food scraps that matter, not garden waste.
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