NSW Greens Push Bill to Empower Councils Over Rapidly Expanding Berry Industry

Bill Aims to Strengthen Local Regulation of Intensive Horticulture

The NSW Greens have announced plans to introduce a private member’s bill that would give local councils greater authority to regulate the rapidly expanding berry industry — particularly blueberry farming — as it continues to grow across parts of New South Wales’ mid-north coast. The move comes amid rising concerns from communities and local authorities about the environmental and social impacts of intensive horticulture developments in rural areas.

Greens Upper House MP Cate Faehrmann said the legislation is a response to community backlash over industrial-scale farms that have emerged in recent years without the need for development approvals under current planning laws. Her proposal is expected to be tabled in the NSW Parliament’s Legislative Council next week.

Rapid Growth, Limited Oversight: A Source of Community Friction

The berry sector — particularly blueberries, raspberries and similar crops — has experienced significant expansion in areas around Coffs Harbour, Nambucca Valley, Kempsey and beyond, often replacing more traditional rural land uses. While the industry has been touted for its economic benefits and job creation, residents have increasingly voiced concerns about the scale and pace of development.

Under current legislation, intensive plant agriculture, including berry farming structures such as polytunnels and large shade houses, are not classified as “farm buildings” requiring development consent. This means growers can erect vast farming infrastructure without local council approval, sometimes to the surprise of neighbours who may already live nearby.

Faehrmann described the situation as a “deliberate massive carve-out” from planning laws, arguing that local communities are “beggared to believe” that huge blueberry developments can go ahead while something as mundane as a carport needs approval.

Proposed Measures: Buffers, Spraying Controls and Monitoring

The Greens’ bill will call for mandated buffer zones between intensive horticulture farms and residential homes, sensitive natural areas, waterways and national parks. The aim is to reduce spray drift and runoff, protect water quality, and mitigate the broader environmental footprint of large-scale berry production.

In addition, the legislation is expected to include stricter controls on pesticide and irrigation practices, and requirements for more robust monitoring of chemical levels on produce and in nearby ecosystems. Supporters argue these measures would help ensure that residents and the environment are not adversely affected by intensive farming practices.

Legal and Planning Background: Recent Court Ruling

The push for stronger local regulation follows a recent court defeat for Coffs Harbour Council, which sought to stop two raspberry growers from continuing operations under a stop-work order. The NSW Land and Environment Court ruled that the polytunnels and other structures under challenge did not require development approval, interpreting current planning definitions strictly.

That decision has emboldened growers to interpret planning rules in ways that leave local councils with little say over the location and nature of intensive berry farms, deepening the perception among residents that planning laws favour large producers over community voices.

Environmental and Community Concerns

Residents near expanding berry farms have cited anxiety over chemical spray drift, erosion, vegetation removal, water extraction and potential contamination of local waterways, especially where intensive horticulture abuts national parks and beaches. Some locals report that once blueberry operations establish in a valley, land values fall and traditional farming families exit the region, replaced by investors and absentee owners.

Local photographer Zahn Pithers, whose work documents rural life, told reporters that the arrival of a large blueberry farm near Warrell Creek and South Beach national park was “devastating,” pointing to fears about spray drift, runoff and the long-term health of creeks used for fishing and recreation.

Labour and Worker Welfare Issues Also Under Scrutiny

Although the Greens’ bill focuses on environmental and planning powers, parallel concerns about labour conditions in the berry industry have also gained traction. Allegations — including underpayment, poor living conditions and exploitation of workers on the Pacific Australia Labour Mobility (PALM) scheme — have prompted calls for a state government inquiry into horticultural labour practices.

While most states regulate labour hire companies that mediate between growers and seasonal workers, NSW currently lacks specific rules governing these intermediaries, leading advocates to argue for broader reform.

State Government Response and Planning Department Position

To date, the NSW Department of Planning and the state government have resisted blanket requirements for development approvals for intensive horticulture, warning that overly restrictive controls could hinder agricultural modernisation and innovation. Planning Minister Paul Scully has suggested councils can individually include horticulture within local environment plans where suitable, but has stopped short of endorsing mandatory statewide development consent.

Industry representatives, including leaders from Berries Australia, have supported this stance, arguing that uniform development requirements and red tape could impose unnecessary burdens on farmers and slow agribusiness growth.

Balancing Growth, Community Rights and Sustainability

The Greens’ proposed bill highlights a growing policy tension in NSW: how to balance agricultural expansion, economic opportunity and community well-being. As berry and other horticultural sectors expand, local councils — which often have limited planning powers under current law — are calling for more tools to manage land use, protect residents, and safeguard environmental values.

Whether the proposed legislation will gain traction in the NSW Parliament remains an open question, particularly given competing interests among rural businesses, landholders, environmental advocates and government agencies. What is clear is that the berry boom has become a focal point in broader debates about planning law, agricultural regulation and community influence in rural development.

Future Prospects: Inquiry and Industry Dialogue

As the bill is introduced, stakeholders from councils to community groups and farming bodies are expected to engage in intense consultation and debate. There are indications that further inquiries and legislative scrutiny could occur, not only on planning powers but also on food safety, labour practices and environmental monitoring. Changes in these areas could shape the trajectory of NSW’s berry industry, influencing how agricultural growth coexists with community expectations and environmental stewardship.