FINALLY - ACTION ON BLUEBERRY INDUSTRY NON-COMPLIANCE

 More than a decade since local environment groups first began voicing concerns about the ballooning intensive horticulture industry in the Coffs – Clarence area, the Natural Resource Access Regulator decides to clamp down on non-compliance. So why has it taken so long?

 

About five years ago, in response to a deluge of complaints about the industry, an inter-agency advisory committee was finally formed, which seemingly included virtually every government agency and Council on the north coast.

 

By 2017 the committee had reported widespread illegal land-clearing, including repeat offenders, and the conclusion that “growers are prepared to pay fines as a business cost”. Complaints about water use, pesticide use and spray drift, poor worker accommodation and site safety, along with observations that erosion control was virtually non-existent, were also reported in committee minutes.

 

That committee was only able to support planning and promote best practice, with no regulatory power to enforce it. That was apparently against government policy at the time. In fact the then Minister wrote to one environment group in the Clarence Valley saying he was opposed to regulation because it “might encourage non-compliance”.

 

In 2017, Water NSW, the then regulatory authority, was so determined that problems relating to water use by blueberry growers not be aired, that they employed a lawyer at tax-payers' expense to prevent one local environment group from giving evidence to a tribunal hearing over a water licence application.

 

Despite no real compliance monitoring or enforcement throughout the past decade, this latest “crack down” has been widely reported in the media, seemingly used as some sort of a public relations coup!

 

Last week The Sydney Morning Herald reported Coffs Harbour's former deputy Mayor making the point that many of the current problems have arisen as a result of intensive horticulture not being required to present a development application (DA). However, all that would be needed is to add that activity to the existing list of developments that already require a DA on rural zoned land. All it takes is political will, but there is little evidence of that at this time.

 

            - John Edwards

 

This article was originally published in the VOICES FOR THE EARTH column in The Daily Examiner on September 28 ,  2020. 

THE BLUEBERRY INDUSTRY IN THE CLARENCE VALLEY AND WATER USE

The Daily Examiner's headline (on June 10 this year) “Regulator begins new water works”, with the responsible regional director, admitting his team has a big job ahead, certainly attracted attention.

Compliance monitoring of the local intensive horticulture industry has been virtually non-existent to date, so closer scrutiny, particularly of its water usage, is welcomed. However, why wasn't action taken sooner, and why were earlier reported problems ignored?

The Clarence Environment Centre (CEC) first raised concerns about the industry's activities in 2011, in response to reports of illegal land clearing near Halfway Creek. That offender was reportedly fined $150,000, a penalty we later learned is often regarded by the industry as “a cost of doing business” (Inter-agency Blueberry Working Group minutes, February 15, 2017).

In ensuing years, the CEC fought several irrigation proposals, including one to pump water from State Significant wetlands.

In 2015, an industry push to be allowed to dam larger streams and harvest more water, saw the government undertake a review into water regulation and invite public input.  The CEC put in a submission to this review.

In March 2016, Clarence Valley Council announced the development of Australia's largest blueberry farm alongside the Orara River (a tributary of the Clarence River). A subsequent application to pump 60 megalitres (ML) a year, from the Orara was opposed by CEC, who argued that it, and their 90 ML harvestable rights, was only sufficient water for 70 ha of blueberries. Given the Lower Orara has only 800 ML available for irrigation under licence', the question was, where would the remaining 2,000 ML come from.

That matter went before a Tribunal hearing in early 2017 where, incredibly, Water NSW used a tax-payer funded lawyer, to successfully argue that the CEC's evidence not be heard.

The licence approval was subsequently granted and approximately 400 ha prepared for planting, complete with buried drip irrigation pipe and plastic covering. Then, in late 2018, all work stopped and the entire operation was advertised for sale.

With rumours that the operation cannot proceed because there's insufficient water, it will be interesting to see what the promised compliance blitz uncovers.

            - John Edwards

 This article was originally published in the VOICES FOR THE EARTH column in The Daily Examiner on June 24, 2019