A private member's bill is set to be introduced in New South Wales, seeking to give local councils greater authority to regulate blueberry and other berry farms expanding across the mid-north coast. The proposal comes amid ongoing tensions between intensive horticulture developments and neighbouring landholders.
Cate Faehrmann, a Greens member of the NSW legislative council, said her bill aims to address planning gaps linked to the rapid growth of berry farming. "People move into these beautiful valleys for the lifestyle and the environment, but then wake up one day and within months they are looking at an industrial-scale blueberry farm," she said. "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."
Faehrmann said the berry sector has a planning exemption that limits council oversight. Her bill would propose mandatory buffer zones between intensive horticulture and homes or waterways, stricter controls on spraying, runoff, and irrigation, increased pesticide monitoring, and expanded council powers to regulate blueberry farms.
The proposed changes follow a recent NSW Land and Environment Court decision involving Coffs Harbour council and two raspberry growers in Bonville. The court ruled that polytunnels covering 4 hectares did not require development consent because they could be dismantled and were therefore not considered permanent farm buildings. "The legal prerequisites for the order do not exist," the court said, adding that changes would require amendments to planning rules rather than enforcement action.
Berries Australia chief executive Rachel Mackenzie previously said requirements for development applications were not supported by the planning department or state government and that this "validates the industry's position".
Concerns extend beyond planning to labour conditions. Separately, the NSW Labor government is considering an inquiry into alleged worker exploitation on berry farms. While most Australian states regulate labour hire companies, NSW does not. Media reports have detailed claims of underpayment and poor living conditions, including among workers under the Pacific Australia Labour Mobility scheme.
Local residents in areas such as Scotts Head, the Nambucca Valley, and near South Beach National Park have raised concerns about farm proximity to waterways. "Where does the spray drift go? What's happening with the runoff? This farm is built on sand," said local resident Zahn Pithers. EPA monitoring previously detected low pesticide levels in several creeks, indicating no excessive contamination.
In November 2024, the Nambucca Valley council asked the planning department to require development approval for blueberry farms, but the request was rejected due to insufficient evidence. The council is now preparing a revised proposal.
State planning minister Paul Scully said councils can seek changes to local environmental plans but warned against blanket requirements. "There's no one-size-fits-all approach, but requiring mandatory development applications across all rural zones would hinder efforts to reduce regulatory burdens and support modern farming practices across NSW," he said.
Source: The Guardian
