New South Wales Greens Propose Bill to Regulate Expanding Berry Farms

Cate Faehrmann, a member of the New South Wales (NSW) legislative council from the Greens party, is set to introduce a private member’s bill aimed at granting local councils enhanced regulatory powers over blueberry and other berry farms. This legislative move comes in response to the rapid expansion of berry farming in the mid-north coast region, which has sparked significant tensions with neighboring landholders. Faehrmann's bill seeks to address the environmental impacts associated with intensive berry farming, including concerns over pesticide use and runoff into local waterways.

NSW Greens to move bill to let councils better regulate berry industry as it continues rapid expansion

The proposed bill emerges amid allegations of worker exploitation within the berry industry, particularly concerning seasonal workers under the Pacific Australia Labour Mobility (PALM) scheme. Reports indicate issues such as underpayment and poor living conditions, prompting the NSW Labor government to consider an inquiry into these allegations. Currently, NSW lacks regulations governing labor hire companies, which act as intermediaries between farmers and workers, unlike other Australian states.

NSW Greens to move bill to let councils better regulate berry industry as it continues rapid expansion

Local residents have voiced their concerns regarding the environmental implications of nearby blueberry farms. Zahn Pithers, a local photographer, highlighted the detrimental effects on property values and the potential risks to water quality from pesticide runoff. He noted that the proximity of large blueberry farms to sensitive areas, such as Warrell Creek and South Beach National Park, raises questions about the safety of local fisheries. Previous monitoring by the Environmental Protection Authority (EPA) detected low levels of pesticides in local creeks, indicating that water quality may not be severely impacted, although residents remain apprehensive.

NSW Greens to move bill to let councils better regulate berry industry as it continues rapid expansion

A recent ruling by the NSW Land and Environment Court upheld the position of farmers who argued that polytunnels used in berry farming do not require development approval, as they can be disassembled. This decision has implications for local councils seeking to impose stricter regulations. The Coffs Harbour council's efforts to enforce development approvals for polytunnels were rejected, with the court stating that the appropriate course of action would be to amend planning laws to require such approvals for intensive agriculture.

NSW Greens to move bill to let councils better regulate berry industry as it continues rapid expansion

Paul Scully, the NSW Minister for Planning, stated that while councils have the option to amend their Local Environmental Plans (LEPs) to require development approvals for horticulture, a blanket requirement could hinder agricultural modernization and investment. The ongoing debate among local councils regarding buffer zones and self-regulation reflects the complexities of balancing environmental protection with agricultural interests.

NSW Greens to move bill to let councils better regulate berry industry as it continues rapid expansion

Critics of the current regulatory framework argue that the lack of stringent controls allows for unchecked expansion of intensive farming practices, which could have long-term environmental consequences. Faehrmann's proposed bill is seen as a necessary step to address these concerns and ensure that local communities have a say in the development of agricultural operations in their vicinity.

NSW Greens to move bill to let councils better regulate berry industry as it continues rapid expansion

• “It beggars belief that you can erect hectares of poles [and] white netting without telling your neighbours or getting council approval, but people have to apply to put up a carport.” — Cate Faehrmann, Greens Member of the NSW Legislative Council

NSW Greens to move bill to let councils better regulate berry industry as it continues rapid expansion

• “We are losing farming families who have been here for generations.” — Zahn Pithers, Local Photographer

NSW Greens to move bill to let councils better regulate berry industry as it continues rapid expansion

• “Overly restrictive local planning controls may delay or prevent necessary farm upgrades, deter investment, and create uncertainty for landholders looking to modernise their operations.” — Paul Scully, NSW Minister for Planning

NSW Greens to move bill to let councils better regulate berry industry as it continues rapid expansion