NSW Greens Push for Stronger Council Powers Over Berry Farms Amid Expansion Concerns

Cate Faehrmann, a New South Wales Greens member of the legislative council, is set to introduce a private member’s bill next week. The proposed legislation aims to grant councils increased authority to regulate blueberry and other berry farms, whose rapid expansion across the mid-north coast is sparking disputes with other landholders.

Worker Welfare Inquiry Considered

Separately, the state Labor government is considering an inquiry into alleged worker abuse in the region. This includes serious allegations of underpayment, poor living conditions, and exploitation, particularly affecting workers under the Pacific Australia Labour Mobility (PALM) scheme who have reportedly left their employers. NSW currently stands out as it lacks specific regulation for labour hire companies, a contrast to most other Australian states.

Environmental Concerns Drive Bill Provisions

Faehrmann’s bill specifically seeks to address the significant environmental impacts linked to intensive berry farming. She highlighted that:

"Large-scale blueberry farms, involving hectares of poles and netting, can be erected without informing neighbors or obtaining council approval, in contrast to smaller structures like carports."

Faehrmann attributes these issues to an existing exclusion for the berry industry from planning laws, and has urged the Labor government to rectify this situation.

The proposed bill includes several key provisions:

• Mandated buffer zones between intensive horticulture farms, homes, and waterways.
• Strict controls on spraying, runoff, and irrigation practices.
• Increased monitoring of produce for pesticides to ensure safety and compliance.

Council Regulatory Powers Challenged

The bill also advocates for granting councils greater powers to regulate blueberry farms, a move underscored by recent legal challenges. This follows a case where Coffs Harbour council lost in the NSW Land and Environment Court. The council had issued a stop-work order to two raspberry farmers at Bonville, asserting that polytunnels under construction required development approval.

However, the court ultimately sided with the farmers, stating:

"The tunnels were not 'farm buildings' because they could be disassembled, and therefore did not require development consent under the Coffs Harbour Local Environment Plan (LEP)."

Berries Australia chief executive, Rachel Mackenzie, noted in October that proposals for development applications were not supported by either the planning department or the state government.

Local Community Voices Impacts

Residents in areas such as Scotts Head are voicing significant concerns about the proximity of new blueberry farms to critical waterways and South Beach National Park. Blueberry farming is rapidly extending beyond its traditional hub in Coffs Harbour, now expanding into the Nambucca Valley, Kempsey, Grafton, and Bellingen areas.

Local photographer Zahn Pithers highlighted that the arrival of blueberry farms can negatively impact property values. Pithers also expressed concern about a large blueberry farm situated near Warrell Creek and South Beach National Park, questioning the potential impact of spray drift and runoff on the delicate ecosystem and local seafood consumption. The EPA previously detected low levels of three different pesticides in three Nambucca Valley creeks, concluding at that time that there was minimal impact on water quality from excessive pesticides.

Government Stance on Regulation

In November 2024, Nambucca Valley council formally requested the NSW planning department to mandate development approval for blueberry farms in its LEP. However, the department rejected the proposal, citing insufficient evidence. The council is currently developing a second proposal, deliberating whether issues such as buffer zones should be self-regulated or legislated.

NSW Minister for Planning, Paul Scully, affirmed that councils retain the ability to seek changes to their LEPs to require development approval for horticulture. However, he also issued a caution:

"Overly restrictive local planning controls... could hinder farm upgrades, deter investment, and create uncertainty for modernizing operations."

The current standard LEP permits intensive agriculture in RU1 and RU4 primary production zones without requiring development approval, but it does allow councils to regulate the RU2 rural landscape zone.