Rural Lands Strategy Background Paper by Clarence Valley Council

Clarence Valley Council

RURAL LANDS STRATEGY Background Paper February 2022

Acknowledgement of Country - We acknowledge the Traditional Custodians of the land, the Bundjalung, Gumbaynggirr and Yaegl nations, and pays respect to Elders past, present and emerging. Cover Image: myclarencevalley.com

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0419 700 401 1/27 River Street Woolgoolga NSW 2456 PO Box 53 Woolgoolga NSW 2456 info@localeconsulting.com.au www.localeconsulting.com.au

Document Control Job Number: 2021/682 Job Name: Clarence Rural lands Strategy Client: Clarence Valley Council Job Contact: Stephen Timms – Senior Strategic Planner (Policy) Document Name: Background Paper Version

Date

Authors

Reviewer

Approved

29.11.21

Keelan Birch / Steve Thompson

Cinnamon Dunsford

Steve Thompson

25.01.22

Keelan Birch / Steve Thompson

Cinnamon Dunsford

Steve Thompson

07.02.22

Steve Thompson

Disclaimer: Whilst care and diligence has been exercised in the preparation of this report, Locale Consulting Pty Ltd does not warrant the accuracy of the information contained within and accepts no liability for any loss or damage that may be suffered as a result of reliance on this information, whether or not there has been any error, omission or negligence on the part of Locale Consulting Pty Ltd, their employees or sub-contractors.

Contents PART 1 – CONTEXT

Introduction

Setting the Scene

Strategic and Legislative Context

Project Consultation

PART 2 – FRAMEWORK FOR THE FUTURE

Project drivers

Key strategic principles

Key recommendation areas

PART 3 – KEY ISSUES

Key issues overview

Issue 1: Loss of farmland

Issue 2: Managing rural conflicts

Issue 3: Barriers to entry / expansion

Issue 4: Working collaboratively & culturally connected

Issue 5: Sustainable land management

Issue 6: Supporting emerging industries

Issue 7: Infrastructure development

Issue 8: Addressing red tape

PART 4 – SUMMARY OF RECOMMEDATIONS

Strategy Recommendations

Clarence Valley Council Rural Lands Strategy – Background Paper

RURAL STORE - HARWOOD

ABBREVIATIONS ABS

Australian Bureau of Statistics

CVLEP 2011

Clarence Valley Local Environmental Plan 2011

DCP

Development control plan

DPI

Department of Primary Industries

DPIE

Department of Planning, Industry & Environment

DPIE - BCD

DPIE - Biodiversity Conservation Division

DPIE - Planning

DPIE - Planning & Assessment

DPIE - Water

DPIE - Water Group

FCNSW

Forestry Corporation of NSW

LALC

Local Aboriginal Land Council

LEP

Local environmental plan

LGA

Local government area

LLS

Local Land Services

LSPS

Local strategic planning statement

MLS

Minimum lot size

NCRP

North Coast Regional Plan 2036

NPWS

National Parks & Wildlife Service

NRAR

Natural Resources Access Regulator

NSW

New South Wales

PNF

Private native forestry

RDA

Regional Development Australia

RFS

NSW Rural Fire Service

TFNSW

Transport for NSW

Clarence Valley Council Rural Lands Strategy – Background Paper

EXECUTIVE SUMMARY This Background Paper provides additional information and details

However, there are always improvements to be made. Initial

that were used to development the Rural Lands Strategy for the

consultation processes, combined with research and analysis, have

Clarence Valley local government area. It provides a snapshot of

identified eight key issue areas (presented in Part 3 of this document)

existing rural land in the Clarence Valley, the type and location of uses

that are both inter-related and which provide direct recommendations

on these rural lands, as well as the drivers, issues, opportunities and

to future Strategy actions. These issues are highlighted below.

recommendations for the future. The Rural Lands Strategy provides the overarching framework for managing growth, change and development for rural land in the Clarence Valley to the year 2041 (a 20 year timeframe). The study area associated with the Background Paper and Strategy encompasses Clarence Valley’s “rural land”, meaning all land that is currently zoned under the Clarence Valley Local Environmental Plan 2011as follows: o

RU1 Primary Production

RU2 Rural Landscape

RU3 Forestry

C2 Environmental Conservation

C3 Environmental Management

In total, land included in this strategy covers approx. 75% of all land in the Clarence Valley, being just over 780,000 hectares. Rural lands are an integral part of Clarence Valley, supporting the largest agricultural sector in the Northern Rivers sub-region, with 1 in 4 businesses being identified as a primary producer. Rural industries, such as beef, sugarcane, forestry, dairy and aquaculture have historically been the pillars supporting the local rural economy. Other rural industries have been more recent to develop in Clarence Valley, such as berries, whilst others are now emerging, such as macadamia nuts.

Clarence Valley Council Rural Lands Strategy – Background Paper

Executive Summary

Through long-term planning to address these issues, a series of recommendations for future actions have been identified. Key areas to be addressed will include:

Facilitate effective land use planning for

Elevate the importance of rural lands

rural areas

within Council and the community

Strengthen the use of existing rural and

Provide a greater focus on rural land

conservation zones whilst identifying

outcomes through promotion and

opportunities to focus LEP & DCP controls

engagement that recognises its valuable

to minimise land use conflicts

contribution to the Clarence Valley

Engage with government and industry to

Develop supporting infrastructure that

leverage support

enables opportunities

Many issues / groups / industries are not LGA

Identify, conceptualise and deliver key

bound, requiring effective and lasting

infrastructure that can assist in enabling the

relationships to be developed to support a

full potential of industries and rural lands

range of rural land activities and outcomes

activities to be maximised

Clarence Valley Council Rural Lands Strategy – Background Paper

Executive Summary

PART 1 – CONTEXT

POLICY & LEGISLATIVE

INTRODUCTION

CONTEXT

This Part provides an overview of the current situation. It introduces the project and stages that are being undertaken to complete the Rural Lands Strategy, sets the scene of the current local and

SETTING THE SCENE

INITIAL CONSULTATION

regional context, before outlining the applicable policy and legislative context and outcomes of initial consultation activities.

Clarence Valley Council Rural Lands Strategy – Background Paper

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1. 1.1

Introduction The need for a Rural Lands Strategy

The Clarence Valley Rural Lands Strategy (the Strategy) will investigate the long-term strategic direction for rural areas in the Clarence Valley and will help inform future planning decisions and policies for rural lands and supporting infrastructure.

environmental protection - both in the coastal and hinterland rural lands of the Clarence Valley. The new Strategy will also provide Council with the opportunity to be proactive in communicating their strategic intent for rural lands. A further driver for the project is outlined through the Clarence Valley Local Strategic Planning Statement 2020 (LSPS) which highlights the value of rural land to the Clarence Valley community, as well as recognising the strategic importance of it to the Northern Rivers sub-region.

According to Council’s LSPS, the Clarence Valley has approximately

Action 1.1 of Planning Priority 1 identified the direction to “Prepare a

2,230 registered farms providing $493 million annual gross regional

Local Growth Management Strategy for the Clarence Valley”. An aspect or

product. Rural areas also enable an enviable Clarence Valley lifestyle

accompaniment to this is identifying future planning for rural areas –

through recreation, rural housing, tourism, open space, natural

the Rural Lands Strategy.

resources, biodiversity, heritage and landscape conservation, all whilst accommodating supporting infrastructure. These rural areas account

The development of the Strategy is further informed by LSPS Planning

for 75% of the total land in the Clarence Valley Local Government Area (LGA) or just over 780,000 hectares. Protecting the significant features and assets found in these areas is important for ongoing environmental, social, economic, cultural and wellbeing outcomes. The Clarence Valley population is expected to grow from 52,000 to 60,000 over the next 20 years. With this change in population (as well

Priority 13 – to “Protect agricultural land and increase opportunities for access to locally produced fresh food and economic growth”. This also supports the North Coast Regional Plan 2036 (NCRP 2036) Direction 11 that looks to “Protect and enhance productive agricultural lands”.

1.2

Report purpose

This Background Paper (the Paper) provides details and insights to the

as a range of other factors), there is also expected to be change in how

proposed directions and overarching framework of the Rural Lands

and what agricultural products are produced. Ensuring adequate agricultural infrastructure and that land use policy supports existing

Strategy. It provides a snapshot of existing rural lands, the type and location of uses on these rural lands, as well as the drivers, desired

and future rural industries is a key objective of this Strategy.

outcomes, issues, options and recommendations for the future.

The need for the Strategy is also highlighted by the age of Council’s existing Clarence Valley Settlement Strategy – which was completed in

The Paper provides the background to the framework for managing

1999 as a 20 year strategy and is now in need of renewal. The new

to the year 2041. While this is a 20-year plan, the Strategy also

Rural Lands Strategy will build on its predecessor, but seek to be a more responsive document, including connection to a broader and

considers Clarence Valley’s potential growth beyond 2041 to ensure current planning decisions do not compromise longer-term future

more current range of rural issues, such as emerging industries and

needs.

Clarence Valley Council Rural Lands Strategy – Background Paper

growth, change and development for rural land in the Clarence Valley

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1.3

Strategy inclusions

1.4

Our approach

The Background Paper and Rural Land Strategy study area

Developing the Background Paper and Strategy has involved

encompasses Clarence Valley’s rural land. The term “rural land” for the

engagement with a wide variety of stakeholders including State

purposes of the Strategy means all land that is currently zoned under

agencies, industry bodies, not-for-profits engaged with rural industries

the Clarence Valley Local Environmental Plan 2011 (CVLEP 2011) as

/ landholders, Council’s Rural Lands Strategy Reference Group, along

follows:

with landholders and others who took part in an online survey.

RU1 Primary Production

The purpose of engagement at the early stage of the project is to

RU2 Rural Landscape

gather ideas, feedback and concerns relating to issues, constraints and

RU3 Forestry

opportunities of both the present and future of rural land. As

C2 Environmental Conservation

mentioned above, the process also involved a project survey which

C3 Environmental Management

collected information regarding land holdings and the future of rural

Rural land in this strategy does not include urban land or land zoned C1 National Park & Nature Reserves or the suite of waterways zones. The extent of land to which the Background Paper and Strategy will apply is outlined in Figure 1 overleaf.

land activities in the Clarence Valley. The following flow chart provides an overview of the process that has been used in developing this Paper and the Strategy. The documents are intended to be placed on public exhibition to further assist Council to set a platform for addressing short, medium and long term issues and to mitigate future issues from arising.

Clarence Valley Council Rural Lands Strategy – Background Paper

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Figure 1 - INSERT RURAL LAND MAP

Clarence Valley Council Rural Lands Strategy – Background Paper

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Setting the Scene

2.1

Clarence Valley overview

Rural economy

Clarence Valley is the largest LGA on the North Coast and

As a major component of the Clarence Valley’s rural lands, the

encompasses an area of 10,441km . Approximately 69% of the LGA is

agriculture, forestry and fishing industry employs more than 1,300

part of an RU or rural zone, with a significant portion of the LGA also

people1 and more than 3,800 people are employed in the agri-food

consisting of bushland, national park or drinking water catchments,

economy2. This sector is also the largest export sector in the LGA,

including a further 6% of conservation (previously known as

close to double the next sector (manufacturing) and having almost

“environmental”) zones that are subject to this Strategy process.

doubled in value since 2014/15 – including an almost tripling of

Grafton was the first city on the North Coast and remains a significant

agricultural exports3.

regional centre. Other important town centres include Maclean and

While forestry, sugarcane, beef, dairy and aquaculture have long been

Yamba, as well as smaller townships along Clarence River, along the

established, emerging industries such as berries, macadamia nuts, as

coast and throughout the hinterland.

well as specialist food and vegetables are also developing. Added

The upgraded Pacific Highway links the towns and industries of the Clarence Valley with the Far North Coast and the substantial population base of Southeast Queensland. The standard gauge rail

value is being garnered through a trend of consumers wanting to know where and how food has been produced, with premiums placed on sustainability, social benefits, local connection and history.

link between Brisbane and Sydney passes through Grafton and the Clarence Valley Regional Airport provides direct flights to Sydney and beyond. facilitator

69% of Clarence Valley land is within a Rural “RU” zone

6% of Clarence Valley land is within a Conservation “C” zone

2019/2020 ID Economy Full-time equivalent employment by industry sector https://economy.id.com.au/clarence-valley/employment-by-industry-fte - accessed 28 August 2021

Clarence Valley Council Rural Lands Strategy – Background Paper

7.8%

26%

of Clarence Valley employment is in agriculture, forestry and fishing in 2019/20

of all Clarence Valley exports ($216M) in agriculture, forestry and fishing in 2019/20

Clarence Valley Local Strategic Planning Statement (2020)

Total exports by industry sector - https://economy.id.com.au/clarence-valley/exports-by-industry accessed 10 November 2021

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Agricultural production

Since 20015, the output value of the ANZSIC economic sector of

An “Agricultural Census”, which is undertaken every five years, was last undertaken in 2016 (and again in 2021 though no data has been released at the time of writing). This means that whilst the latest consistent / comparable LGA level data is becoming dated (being from the 2015/2016 census period and published by the Australian Bureau of Statistics (ABS) in 2017), it can still provide an indication of the

agriculture, fishing and forestry has grown from $217 to $362 million. Within the broader economy, this sector has shown the second highest growth (excluding construction), only being outperformed by the health care and social assistance sector as highlighted in Figure 2. This long-term economic performance highlights the importance of agricultural activities and the need for planning for rural lands.

existing situation. According to the 2015/16 agricultural census, the Clarence Valley has a combined agricultural gross value product of approximately $119.8 million, having doubled over the previous 10 years. This accounts for 22.8% of the Northern Rivers sub-region and makes the Clarence Valley the biggest individual contributor to gross value product for agriculture in the area. Beef was the largest agricultural industry in the LGA at the time, totaling $52 million in gross value product, followed by sugarcane at $37 million and dairy production at $12 million. Similar figures are identified in more recent data released by DPI4, although the value of broadacre crops - sugarcane has increased to almost $43 million.

Figure 2: Economic sector performance - 2000/01 to 2019/20 ($ millions) Emerging/ growth industries include berry and nut production

Traditional industries, including sugarcane and beef remain strong

DPI Agriculture Industry Snapshot for Planning Northern Rivers Sub Region – August 2020

Clarence Valley Council Rural Lands Strategy – Background Paper

Within the subset industry sectors within agriculture, forestry and fishing, there has been recent growth in both the areas of agriculture and forestry / logging. Agriculture has been the largest sector throughout this period, continuing to grow across each period and 5

According to Council’s Economy ID – Accessed 10 November 2021

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recently within the most recent period to 2019/2020. Forestry and

context of key issues, outcomes and actions throughout this

logging has also been a strong component of the overall sector, albeit

document.

has had some more muted economic performance across the period before seeing more substantial growth in the most recent period. The relative performance of the sub-sector over the past 20 years is shown in Figure 3.

Rural land use The use of rural land is generally not actively monitored, and the extent of uses can be difficult to quality in detail at the current day. However, past mapping does provide an indication of the extent and

$200

types of uses that occur across the Clarence Valley. The “Land Use in

$180

Rural Lands” shown at Figure 5 overleaf provides an indication of

$160

historical uses based on NSW Department of Land and Water

$140

Conservation mapping undertaken in the late 1990’s.

$120

This map highlights the extensive areas of grazing, forestry and

$100 $80

conservation / native vegetation uses within the areas subject to the

$60

Rural Lands Strategy area, as also shown in the graph below.

$40 $20 $0 2000/01

2005/06

2010/11

2015/16

2019/20

Agriculture

Aquaculture

Forestry and Logging

Fishing, Hunting & Trapping

Support Services

Figure 3: Sub-sector economic performance - 00/01 to 19/20 ($ millions) It is acknowledged that different industries have more recent valuations and production levels / values can vary from year to year. Further details regarding relative growth in industries and their value within the region and across NSW is also provided in Section 2.3. Further details of various industries are also discussed within the

Intensive Animal Production Recreation and Culture Manufacturing and Industrial Urban Residential Mining and Quarries Infrastructure and Utilities Farm buildings and infrastructure Horticulture Rural Residential Cropping Nature Park or Nature Reserve Sugar Waterway, Reservoirs Forestry Other conservation / native veg Grazing pastures

22 91 192 203 486 896 1,253

1,384 6,260 6,389 9,461 10,417 23,833 206,499 226,328 280,999

100,000

200,000

300,000

Figure 4: Extent of rural land by use (based on DLWC 1997 mapping)

Clarence Valley Council Rural Lands Strategy – Background Paper

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Figure 5: Rurals lands area by use type

Figure 5: Land use in rural areas across the Clarence Valley

Clarence Valley Council Rural Lands Strategy – Background Paper

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Population growth

Housing and land values

Recent forecasts (May 2021) indicate the

While the Clarence Valley enjoys lower median house and rental

Clarence Valley LGA is set to grow to

market prices than some surrounding council areas, house prices

60,735 residents by 2041, which equates to

have still increased significantly in recent years, from a median house

17.65% growth over the next 20 years (up

price of less than $320,000 in 2014 to around $485,000 at the current

from 53,110 in 2021). Key growth areas

time, including 17.7% growth over the last two years 7. Notably,

are expected in the Wooli-Tucabia-

growth in surrounding local government areas has typically been

Ulmarra, Angourie-Yamba and Gulmarrad-

much higher (e.g. Richmond Valley LGA has increased by 19.1%, Coffs

Townsend areas, though all planning areas

Harbour by 23%, Ballina by 32.8% and Byron Shire 60%), suggesting

are expected to experience growth over

that there may continue to be increasing price pressures on land in

this time. The LGA also has an aging population, with the largest age brackets of growth anticipated in the 70+ aged age groups . 6

2021

2031

This increase in land value also extends to rural lands, with a combination of increasing land value for agricultural pursuits being

2041

exacerbated by the growing popularity of lifestyle farms and appetite for sea / tree-change opportunities this has been highlighted in the annual Rural Bank – Australian Farmland Values 2021 report8, and as

85 and over

80 to 84

75 to 79

70 to 74

65 to 69

60 to 64

55 to 59

50 to 54

45 to 49

40 to 44

35 to 39

30 to 34

25 to 29

20 to 24

15 to 19

10 to 14

5 to 9

shown in the historical graph below for NSW9.

0 to 4

5,000 4,500 4,000 3,500 3,000 2,500 2,000 1,500 1,000 500 0

the area into the foreseeable future.

Figure 6: Projected population growth by age cohort

ID Population Forecast results- https://forecast.id.com.au/clarence-valley/population-agestructure?WebID=10 accessed 28 August 2021

From ruralbank.com.au – accessed 11 November 21

Rural Bank – Australian Farmland Values (2021)

See https://www.realestateinvestar.com.au/Property/nsw/clarence+valley – accessed 11 November 21

Clarence Valley Council Rural Lands Strategy – Background Paper

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Figure 7: Rural land price increases Increases have anecdotally increased into 2021, particularly as a consequence of the current pandemic, and placing greater pressure on the balance between farm viability and entry for new participants.

2.2

Cultural land context

Clarence Valley is the traditional lands of the Bundjalung, Gumbaynggirr and Yaegl nations. Intimate knowledge of the land and environment has allowed these traditional owners to manage and utilise the resources and food available within their land for many millennia. There are a large number of Local Aboriginal Land Councils (LALC) whose boundaries cross into, or are within, the Clarence Valley LGA as shown in Figure 8. These include Armidale, Baryulgil, Birrigan Gargle, Bogal, Coffs Harbour, Dorrigo Plateau, Glen Innes, Grafton Ngerrie, Jana Ngalee, Jubullum and Yaegl LALCs. Figure 8: Boundaries of Local Aboriginal Land Councils

Clarence Valley Council Rural Lands Strategy – Background Paper

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As of July 2021, there are a number of Native Title claims over areas of rural land included in this Strategy. A successfully determined Native Title claim recognises that traditional owners have the right to hunt, fish, camp, gather natural resources and practice natural laws and customs on the land. It also protects sacred sites and means that government agencies which oversee land and water use may need to negotiate with Native Title holders in the future.

2.3

Regional agricultural context

The Clarence Valley is one of seven LGAs within the Northern Rivers DPI agricultural sub-region, with all six other LGAs being located to the north. Of these, the Clarence Valley has the greatest value in agricultural production (see Figure 9), primarily due to the extent of rural lands within the Clarence Valley LGA and the existence of longestablished industries on these rural lands.

Determined Native Title Claims as identified through the nativetitle.org.au website (accessed 22 July 2021) include: o

Bandjalang Aboriginal Corporation (three claims determined with Native Title existing in part of determination area and includes areas north of Grafton)

Ngullingah Jugun (Our Country) Aboriginal Corporation (two claims determined with Native Title existing in part of determination area and includes areas primarily north-west of Grafton)

Yaegl Traditional Owners Aboriginal Corporation (three claims determined with Native Title existing in part of two determination areas and the entire third determination area and includes areas primarily east of Grafton)

Council has also undertaken, or in the process of undertaking, a number of notable projects associated with identifying and recognising important Aboriginal lands across the rural landscape. These include cultural mapping projects and working with Aboriginal communities in the process of recovery from the 2019/2020 bushfire season.

Clarence Valley Council Rural Lands Strategy – Background Paper

Figure 9: Agricultural value by LGA (Northern Rivers sub-region) By commodity type, key industries from a regional perspective are beef, sugarcane and dairy. Sugarcane is also a significant contributor in NSW, with the Clarence, Richmond and Tweed areas being the only sugarcane production areas within the State. The value of Clarence

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Valley’s agricultural production in relation to the Northern Rivers sub

agricultural activities. Nonetheless, Council’s LSPS has a clear intent to

region and NSW in 2015/16 is outlined in Table 1.

“Protect agricultural land and increase opportunities for access to locally

produced fresh food and economic growth” (Priority 13). There are also

Table 1: Comparative value of agricultural commodities Commodity Group

Clarence Valley Value $M

Northern Rivers

% of NR Total

Value $M

identified directions within the context of rural / hinterland tourism

% of NSW Total

Clarence Valley as a proportion of NSW production % of Total

Beef

$52

37%

$142

Sugarcane

$37

52%

$72

95.4%

50%

Dairy

$12

19%

$62

10%

Fruit and nuts

$95

17%

Nursery, cut flower and turf

network. Other councils in the region have identified the need for a focus on rural land activities, and particularly to assist small farm productivity and sustainability. Examples include: o

Tweed “Sustainable Agriculture Program” that works with local landholders, community groups, State agencies, and research organisations to improve the viability and environmental capacity of the Tweed’s farmland. This includes education programs, on-ground research and

$47

16%

demonstration projects, policy work and advocacy.

As noted earlier, it is acknowledged that different industries have more recent valuations and production levels / values can vary from year to year. Further details of various industries are also discussed within the context of key issues, outcomes and actions throughout this document. Council approaches to agriculture Across the region there are also differing approaches from respective councils to agriculture. Within the context of Clarence Valley Council, there is no centralised officer or position that is associated with 10

and the desire for biodiversity protection across the rural lands

Byron Council offers a free onsite farm consultation through their Agricultural Extension Officer alongside guides and toolkits for farmers in the area, as well as ongoing coordination of workshops, field days, farming events and grant opportunities.

Discussions with industry, not-for-profits and State agencies, as further discussed throughout this Background Paper, highlight the benefits of this direct connection to these councils. This creates greater opportunities for leveraging of resources given that many issues and sectors cross LGA boundaries.

See DPI Agriculture Industry Snapshot for Planning - Northern Rivers Sub Region - August 2020 with figures based on ABS Value of Agricultural Commodities Produced, Australia–2015-16

Clarence Valley Council Rural Lands Strategy – Background Paper

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Strategic and Legislative Context

This section provides an overview of State and local strategies, plans,

outlined above. It is also noted the NCRP 2036 is in the early stages of

policies and other legislation that is relevant to rural land in the

a review that is expected to culminate in a new Regional Plan in mid-

Clarence Valley. It should be recognised that there is a significant

2022.

number of documents that are relevant across a wide range of industries, activities and uses. Those captured in this section are the

Right to Farm Act 2019 & Right to Farm Policy

prominent to the overall Strategy process, whilst a range of more

The NSW Right to Farm Policy was introduced in 2015, with the Right to

detailed documents that have informed this Report are also identified

Farm Act introduced in August 2019 and provides for matters relating

in Appendix C.

to farm trespass and the right of commercial enterprises. The Act

3.1

State planning

North Coast Regional Plan 2036

allows farmers to carry out their lawful business activities, shielding them from nuisance complaints, claims and legal action from their neighbours and other third parties. The Right to Farm Policy that

The NCRP 2036 directs councils to protect and enhance productive

accompanies the Act provides a series of principles and actions on a

agricultural lands, grow agribusiness across the region and

state-wide approach to deal with the issue of ‘right to farm’.

sustainably manage natural resources. Relevant directions include:

It is noted that the NSW Agricultural Commissioner has undertaken a

Direction 6: Develop successful centres of employment,

review of the Right to Farm Policy, that was released in December

including for food production and agribusiness

2020. The recommendations of this review, and subsequent

Direction 8: Promote the growth of tourism

documents that have since been released (see below for example), are

Direction 11: Protect and enhance productive agricultural

considered herein and further within the development of the Rural

lands

Lands Strategy.

Direction 12: Grow agribusiness across the region

Direction 13: Sustainably manage natural resources

How and when these directions are relevant are further explored in the relevant parts of the Report. The development of the Rural Lands Strategy is part of a suite of strategies that form Clarence Valley’s Local Growth Management

Agricultural Commissioner’s Land Use Planning Reports As mentioned above, the NSW Agricultural Commissioner has reviewed and developed recent paper and reports associated with the future of agricultural within the context of the land use planning system.

Strategy. This Strategy then responds to the NCRP 2036 directions

Clarence Valley Council Rural Lands Strategy – Background Paper

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An Options Paper was released in December 2020 which outlined

Rural land should not be further fragmented unless a lot size

potential directions to address critical issues of loss of agricultural

audit for the LGA has been undertaken demonstrating a

land, managing land use conflicts and supporting growth within

strategic agricultural need for smaller rural lots.

agricultural industries.

In July 2021, a report entitled Improving the Prospects for Agriculture and

A series of principles has been developed by DPI to guide councils in

Regional Australia in the NSW Planning System was released, which

the preparation of a rural lands strategy. These will be incorporated

further details recommendations to the NSW Government for reforms

into the Strategy and include the following:

in this area. The 12 recommendations of that report are summarised

Productive agricultural land should be maintained for ongoing primary production

below: 1.

planning, including additional resources for councils to

Land use planning should protect and prioritise productive

improve consistency in land use decisions on an around new

agricultural land recognising its social, economic and strategic

State-wide significant agricultural land mapping

value (value which includes the dependency of secondary agricultural businesses and retailers on primary production)

Such land use planning provisions should be proportionate to

Strategic planning for rural land should consider and accommodate agricultural trends, market forces and the

2021 4.

Non-agricultural land uses in rural areas should not detract

regions 5.

support agriculture. o

development decisions 6.

minimise land use conflict and adverse impacts on agriculture

Reduce red-tape for agricultural development through new and revised land use definitions and clarification of ancillary

Rural land use strategies should ensure non-agricultural land uses in rural areas maximise community benefit and

DPI and DPIE work together to monitor rural zones changes and effectiveness of strategic planning to influence

from the long-term productive capacity of agricultural land and secondary industries, services and infrastructure that

Identify and promote “Identified Production Areas” to build on existing and future comparative advantages of different

unique issues facing primary production businesses from time to time

Development of a State Significant Agricultural Land map, which was exhibited in draft form from October to December

the quality and scarcity of the land o

State-wide review of the RU1 and RU2 zones to provide a clear determination of priority for agriculture

both immediately and intergenerationally o

Adoption of a State-wide policy on agricultural land use

development 7.

An “inland Code” be developed to enable a more accommodating approach to agriculture in non-coastal locations (likely to exclude the Clarence Valley)

Clarence Valley Council Rural Lands Strategy – Background Paper

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Creating an online platform for farm development planning proposals

Ministerial Directions (issued under Section 9.1 of the Environmental Planning and Assessment Act 1979)

Creating a requirement for councils to consider buffer

Ministerial Directions must be considered in the assessment of

guidelines for agricultural operations in the development application process via an agent of change approach 10.

Requiring concessional allotments and dwelling eligibilities to be phased out as Clarence Valley has already done

11.

Implementing education programs for council planners, councillors and the public around agricultural land use planning needs

12.

13.

Establishing a Farm Practices Panel to assess and endorse

rezoning and other planning proposals. Strong justification is required for any planning proposal that fails to meet the objectives of relevant Directions. Those that are particularly relevant to rural lands in the Clarence Valley include: o

Direction 1.2 - Rural Zones

Direction 1.5 - Rural Lands

Direction 2.1 - Environmental Protection Zones

industry codes of practice, including identification of “normal”

Other Ministerial Directions of more general relevance to rural land in

conflicts that should be accepted

the Clarence Valley include 2.3 Heritage Conservation, 2.5 Application

Establishing a Council Reference Group to bring together

of C2 and C3 Zones and Environmental Overlays in Far North Coast

councils to share experiences of agricultural land use conflict.

LEPs (albeit not technically applying to the Clarence Valley), 4.1 Acid

The report also identifies four phases of implementation, including key responsibilities but no timeframes. State Environmental Planning Policies Several State Environmental Planning Policies (SEPPs) control and influence the management of rural land. These SEPPs deal with matters of State or regional significance, which generally prevail over local controls. SEPPs of particular relevance to Clarence Valley rural land include: o

SEPP Primary Production and Rural Development (2019)

SEPP Coastal Management (2018)

SEPP Koala Habitat Protection (2020) and (2021)

SEPP Exempt & Complying Development Codes (2008)

SEPP Hazardous & Offensive Development (No.33)

Clarence Valley Council Rural Lands Strategy – Background Paper

Sulfate Soils, 4.3 Flood Prone Land and 4.4 Planning for Bushfire Protection. Draft State Significant Agricultural Land Map NSW DPI has recently exhibited the state-wide Significant Agricultural Land map. The mapping program has sought to recognise and value important agricultural land. The program supports the NSW DPIE regional planning targets that include actions to map important agricultural lands in NSW and has been further identified through the NSW Agricultural Commissioners recommendations. In the Clarence Valley, the Far North Coast Farmland Mapping was the first to be conducted based on ‘catchments’ and the DPI have indicated that the current mapping is of some of the highest quality

Page | 15

across the State and therefore has high levels of accuracy having been

Strategic Guide to Planning for Natural Hazards (draft)), Biodiversity

reviewed in 2020.

Conservation Act 2016, Environment Protection and Biodiversity

The value of the existing mapping is also recognised in the July 2021, “Improving the Prospects for Agriculture and Regional Australia in the NSW Planning System” report prepared for the NSW Agricultural Commissioner. The Report found that the North Coast Important

Conservation Act (Cth) 1999, Heritage Act 1977, Water Management Act 2000, National Parks and Wildlife Act 1974 (particularly with reference to Aboriginal heritage) and Aboriginal Land Rights Act 1983, Native Title Act (Cth)1993.

Farmland mapping was a good example of farmland management

Further detail of specific legislation is made where required in this

and has suggested this approach could be taken on a State-wide

paper.

basis . 11

However, the exhibited State Significant Agricultural Land mapping is

3.2

Local planning

far more expansive that then existing mapping. The total area of land

Clarence Valley Local Strategic Planning Statement

is almost 200,000 hectares, or more than a 300% increase over the

The Clarence Valley Local Strategic Planning Statement (LSPS) includes a

existing mapping that had previously been endorsed and identified as

project priority to ‘Support and grow the agricultural sector - Protect

being a good example of its kind. The exhibited draft mapping also

important agricultural land and facilitate improvements in the supply

covers large expanses of native vegetation which appear to be

chain to support economic growth, food security primary producers and

counter-intuitive to being significant farmland. Given this mapping is

the agri-food sector.’ There is a clear intent from the LSPS to support

in draft form, and its extents are of debate, this Background Paper

the growth of rural areas and agricultural activities, and to do this in

assumes the use of the existing adopted mapping only.

ways that are sustainable and within the context of the character of

Other State and Federal legislation The Environmental Planning and Assessment Act 1979 (EP&A Act) and associated Environmental Planning and Assessment Regulation 2000 (EP&A Regulation) provide the overarching legislation for land use planning in NSW.

the area. The LSPS also establishes the need for further strategic planning in the Clarence Valley, with Planning Priority 1 and Action 1.1 being to ‘Prepare a Local Growth Management Strategy for the Clarence Valley (including Rural Lands Strategy)’.

Other legislation that generally applies to rural lands includes the Local Land Services Act 2013, Rural Fires Act 1997 (and associated NSW 11

As identified in the frequently asked questions of the State Significant Agricultural Land mapping (https://nswdpi.mysocialpinpoint.com/ssal accessed 15.11.2021)

Clarence Valley Council Rural Lands Strategy – Background Paper

Page | 16

Other Planning Priorities of relevance to this Strategy include: o

Priority 13 – Support and grow the agricultural sector. -

Action 13.3: Protect rural zoned land and productive agricultural land from urban and rural residential development by directing development to identified

for the Clarence Valley LGA and includes a land use table that lists the objectives of each zone type and permitted land use. The zones that comprise the area subject to the Rural Lands Strategy are: o

RU1 Primary Production

agricultural land, implement state government policy,

RU2 Rural Landscape

such as the ‘right to farm’ legislation.

RU3 Forestry

Action 13.4: Implement the North Coast farmland

C2 Environmental Conservation

mapping project undertaken by DPI and DPIE,

C3 Environmental Management

supplemented with local studies.

Figure 10 on page 19 provides a visual overview of the distribution of

Action 13.7: Identify opportunities to increase resilience of

these zones. Further discussion around the objectives and permitted

rural landscapes and promote regenerative agriculture,

uses for each relevant zone is also provided throughout this

especially to increase carbon in soils to improve

Background Paper.

CO2, increase water holding capacity of soil so reducing drought impact and significantly reducing the effects of runoff and soil erosion on roads, bridges and other infrastructure. Priority 11 - Strengthen the local economy and provide opportunities for local employment. -

CVLEP 2011 provides the statutory framework for planning decisions

investigation areas and not adjacent to productive

productive capacity, contribute to reducing atmospheric

Clarence Valley Local Environmental Plan 2011

Action 11.1: Align the planning framework (zoning for business and employment land) to help achieve ecologically sustainable development and implementation

Clarence Valley Rural Zones Development Control Plan 2011 The Clarence Valley Rural Zones Development Control Plan 2011 (Rural Zones DCP) complements the CVLEP 2011 by providing more detailed development controls for rural zones that address such matters as the protection of amenity, privacy and scenic values, flooding and tidal inundation, flora and fauna, development design along with operational requirements. The Rural Zones DCP applies to land in the following zones that are subject to the Rural Lands Strategy:

of the Regional Economic Development Strategy.

RU1 Primary Production

These and other actions of the LSPS are identified as relevant

RU2 Rural Landscape

RU3 Forestry

throughout this Background Paper.

Clarence Valley Council Rural Lands Strategy – Background Paper

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Clarence Valley Environmental Protection, Recreation and Special Use Zones Development Control Plan 2011

Clarence Valley Settlement Strategy 1999

Clarence Valley Environmental Protection, Recreation and Special Use

strategic approach to future planning across the former council areas

Zones Development Control Plan 2011 (Special Zones DCP) also supports and complements CVLEP 2011. It encourages development of land in ways that complements the character of a locality, is at an appropriate scale, minimises impacts on the environment and minimise land use conflicts. The Special Zones DCP applies to land in the following zones that are subject to the Rural Lands Strategy: o

C2 Environmental Conservation

C3 Environmental Management

Clarence Valley Contributions Plan 2011 Section 7.11 and Section 7.12 of the Environmental Planning and Assessment Act 1979 allows Clarence Valley Council to levy contributions towards the cost of providing local infrastructure. The

The Clarence Valley Settlement Strategy 1999 is Council’s existing of Copmanhurst, Grafton, Maclean, Nymboida and Ulmarra. The Strategy outlines the vision of how the Clarence Valley would grow over a 20 year period, including references to the future planning of rural lands and rural issues on valley-wide basis. Other Local Polices Other applicable local policies and strategies that provide planning guidance for the rural lands in Clarence Valley include Community Strategic Plan – The Clarence 2027 and the Clarence Valley Regional Economic Development Strategy 2018 – 2022. It is noted that a new Community Strategic Plan will be adopted in 2022. Further detail of specific Council policies and strategies, such as Council’s Biodiversity Strategy and various disaster recovery work is made where relevant throughout this document.

Clarence Valley Contributions Plan 2011 sets out the local infrastructure required to meet the demand from new development.

JACKADGERY

Clarence Valley Council Rural Lands Strategy – Background Paper

Page | 18

Figure 10: Rural lands area by zone

Figure 10: INSERT MAP OF LEP ZONES THAT APPLY TO THIS STRATEGY

Clarence Valley Council Rural Lands Strategy – Background Paper

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Project Consultation

Developing this Background Paper involved engagement with various

many of the agencies, groups and industry bodies. The outcomes of these activities form the basis of this document and the subsequent Rural Lands Strategy.

stakeholders including State agencies, industry bodies, co-operatives,

Further insights are intended to be obtained through the process of

not-for-profits, landowners, primary producers and Council’s Working

adoption and exhibition of the Rural Lands Strategy.

Group. This process was undertaken between June and November 2021 and proceeded the public exhibition of the Strategy. In order to capture the variety of stakeholder interests, a number of consultation processes were undertaken including the following: o

4.1

Targeted consultation outcomes

A number of key insights have been drawn from the consultation process. While there are a number of industry or locality specific issues raised and discussed in detail at relevant points of this

review and research, including a range of Council documents,

document, there are also a number of issues raised that highlight key

as well as those associated with State government agencies,

trends and consistencies across rural lands more broadly. Key themes

including the NSW Agricultural Commissioner

identified include:

review and research associated with industry, not-for-profit and related entities that are undertaking a wide variety of

dealing with many key rural lands issues before they reach

related work o

videoconference, teleconference and face to face meetings with internal Council staff, State agencies, industry bodies,

crisis point in the realm of planning solutions o

public survey relating to the use and future of rural lands

the Clarence River o

Changing nature of rural activities, including intensification of farming, increasing lifestyle uses, desire for diversification

which was promoted through Council’s news channels and via industry organisations.

Long history and importance of agricultural and rural pursuits in the LGA, and particularly through its connection to

education institutions and not-for-profits associated with the agricultural sector

The Clarence Valley can be a leader in addressing and

into areas such as farm, food and nature-based tourism o

Increasing diversification of agricultural industries, from

These activities were initially undertaken to assist in developing

traditional enterprises such as sugarcane, beef and dairy,

information and an in-depth understanding of issues and

through to more intensive and emerging industries such as

opportunities associated with rural lands within the Clarence Valley.

berries, macadamias and cottage farming

Following the identification of ‘key issues’ (further discussed in Section 8 of this document), secondary consultation was also undertaken which then tested the understanding of the key issues with

Clarence Valley Council Rural Lands Strategy – Background Paper

Increasing recognition of sustainability, including soil health, productivity, water resources, biodiversity and a change climate

Page | 20

Ongoing issues associated with land use conflicts and how these can or should be managed

Increasing barriers to entry or ability to upscale some agricultural pursuits as a consequence of land prices, planning restrictions and commodity markets

Resulting need to work more collaboratively and in a more connected way to facilitate consistent, accessible and informed advice to increasingly broad audiences

An aging rural population / farming workforce, meaning that there are more and varied ways that rural lands are being

4.2

Landowner survey outcomes

In addition to the targeted consultation meetings, an initial project survey was also developed and placed on Council’s Clarence Conversations engagement portal between 25 June and 3 August 2021. While the survey was directed to rural land holders of the area, it was also available to the general public. Just over 100 responses were received with a summary of notable findings below. Response graphs from respective survey outcomes are also provided in Appendix B.

used and the next generations can maintain rural activities A generally consistent message across all consultation was a strong collective appreciation and desire to enhance the LGA’s rural lands and to appreciate its role in the long-term prosperity of the area from triple bottom-line approach. This sense of community value of the rural landscape and its associated uses included a desire to improve the viability of agricultural enterprises, but not to see the area overdeveloped or to lose its connection to its history and the environment more broadly. There was recognition of the need for the land to continue to meet the needs of its current agricultural users, whilst also adapting to more diverse uses and functionality into the future to be viable. This direction took a variety of forms, from addressing planning controls through to value adding initiatives such as the potential for tourism and small footprint, high value production.

Clarence Valley Council Rural Lands Strategy – Background Paper

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PART 2 – FRAMEWORK FOR THE FUTURE

This Part identifies how the key drivers for the development of the Rural Lands Strategy connect to the principles that are sought to be achieved. These overarching positions are then used to articulate the key directions being proposed, which are further explored in detail in Part 3 of this

PROJECT DRIVERS

PROPOSED ACTIONS

Background Paper.

DESIRED OUTCOMES Clarence Valley Council Rural Lands Strategy – Background Paper

Page | 22

Project drivers

Through consultation, research and review, the following six aspects have been identified as being the primary drivers for the delivery of the Rural Lands Strategy Project.

5.1

Strategy renewal

5.2

Loss of agricultural land

The Rural Lands Strategy is designed to provide long-term direction to

Loss of rural land, particularly Far North Coast Farmland Mapping, is a

replace the previous rural land planning undertaken as part of the

gradual process that can lead to a reduction in overall agricultural

Clarence Valley Settlement Strategy – the long-term plan for rural lands is

productivity and industry viability – an economic sector that is a major

now in need of renewal.

employer within the Clarence Valley.

This process of renewal is also important in the delivery of Council’s

Loss of agricultural land is caused by a range of activities including (but

adopted LSPS, including to inform Action 1.1 of Planning Priority 1 to

not limited to) increasing use of land for lifestyle reasons, alternative

“Prepare a Local Growth Management Strategy for the Clarence Valley” and

uses that are not associated with agriculture and subdivision of land to

to deliver on Planning Priority 12 to “Support and grow the agricultural

facilitate residential uses.

sector”. The Strategy also responds to the outcomes of the NCRP 2036, including for example Direction 8: Promote the growth of tourism and Direction 11: Protect and enhance productive agricultural lands.

Clarence Valley Council Rural Lands Strategy – Background Paper

Whilst some of these issues are not as prevalent as in neighbouring LGAs, there is an increasing need to identify, understand and respond to these issues before they reach more acute levels in coming years.

Page | 23

5.3

Emergence of intensive industries

Enduring presence of land use conflict

Already, and increasingly over the next 20 years, rural lands and the

Land use conflict is identified by many as a key and ongoing issue

activities and uses that they enable will continue to evolve as a result of

associated with the effective delivery of agricultural pursuits. This

market forces, technological advancements and changes in farming

issue is also central to many of the outcomes identified by the

practices.

Agricultural Commissioner’s Right to Farm Policy Review, DPI’s

Future uses are likely to become more intensive and diverse, as the value of rural land increases and the need for sustainable returns is meet with pressures for increased production. Recognising the

Agricultural Land Use Planning Strategy: Option Paper and the Agriculture Commissioner’s subsequent 2021 report - Improving the Prospects for Agriculture and Regional Australia in the NSW Planning System.

changing nature in the use of rural land can help to meet the

With increasing urbanisation, increasing use of rural lands for lifestyle

challenges that these changes bring.

purposes, and increasing diversity in rural activities, these impacts are apparent on both existing operations, and are a key consideration for future development and investment in agricultural activities.

Clarence Valley Council Rural Lands Strategy – Background Paper

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5.4

Need for long term sustainability

Harnessing positive change to rural activities

The Clarence Valley has both significant biodiversity and over recent

Uses and activities associated with rural lands are changing. Simple

years has been one of the most natural disasters prone LGAs in

and traditional farming is being replaced with far more planned and

Australia12. In recent times floods, bushfires and droughts have

deliberate opportunities for value-adding activities including (among

devastated rural lands with wide ranging impacts.

others):

Council has declared a ‘Climate Emergency’ and has developed a

tourism (e.g. farm stay and eco-tourism accommodation)

Biodiversity Management Strategy (2020) – initiatives that reflect the

recreation (e.g. camping, walking and mountain-biking), and

importance of the natural environment and changing climate that

environmental attributes (e.g. carbon farming, regenerative

underpins numerous issues associated with rural lands.

agriculture and biodiversity protection).

Conversely, the potential of carbon farming and carbon sequestration

In conjunction with the changing nature of how rural lands are used

initiatives would appear to hold great potential into the future. Various

and valued, there is a need to consider how this change can be viewed

reports

and embraced in positive and engaging ways. The large extents of

indicate the potential for rapid change through new farming

techniques, changes in modelling regulation and market take-up of

rural lands, combined with the more recent desires for space and

carbon farming as market entry become more readily available. This

freedoms associated with the Covid-19 Pandemic, mean that rural

presents opportunities for benefits to both the environment and the

lands are likely to remain in demand for a range of uses and activities

farmer as supplementary incomes benefit landowners.

and can be embraced as a core character of the area.

See for example https://www.smh.com.au/national/some-nsw-regions-face-up-to-six-naturaldisasters-a-year-20200116-p53s1f.html accessed 1 October 2021

See for example, https://www.abc.net.au/news/rural/2021-11-10/soil-solution-to-australias-netzero-climate-commitment/100592298 and https://www.theguardian.com/australia-

Clarence Valley Council Rural Lands Strategy – Background Paper

news/2021/oct/17/australian-first-farmer-mutual-aims-to-cut-out-carbon-farming-middleman accessed 17 November 2021

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Key strategic principles

Cognisant of the project drivers identified in the previous section, the following strategic principles have been established to guide the preparation of this Background Paper and the overall Strategy. These are aimed at providing high level outcomes across the 20-year horizon of the Rural Strategy.

6.1

Protecting key agricultural land resources

agricultural and rural industries by increasing land values and reducing incentives to buy and sell land as a means of improving agricultural productivity. It can also increase the potential for land use conflict, resulting in detrimental impacts on the mental health of the parties involved, fractures within communities, loss of faith in authorities and the alienation of productive land17. The Strategy will aim to protect agricultural land resources wherever possible by: o

discouraging residential development from being located on valuable agricultural land, i.e. on land subject to Far North Coast Farmland Mapping within the NCRS 2036.

Agriculture is a major contributor to the Clarence Valley economy with o

1 in 4 businesses being a primary producer 14. Careful planning is

improve agricultural productivity or to retain agricultural land

required to maintain the benefits to local and regional economy that o

the sector provides, as well as providing for food security and

Encouraging ongoing investment in agriculture and protecting the

between 1997 and 201715 and recent work by the NSW Agricultural Commissioner confirmed that “the State and councils have no oversight of how much agricultural land is available and at what rate it is being converted to other land uses"16.

recognising that all of the agricultural uses in Clarence Valley rely on a healthy, sustainable environment.

supporting resource base is critical to long-term success. hectares of productive agricultural land is estimated to have been lost

supporting diversification of rural land that supports ongoing agricultural use and provides value adding opportunities

opportunities within regenerative agriculture and carbon farming.

However, loss of rural land is a key concern. More than 100 million

minimising subdivision of rural land, unless demonstrated to

The value of agricultural land is a strong theme throughout the LSPS and other regional documents, including the NCRP 2036. Protection is specifically addressed in LSPS Actions 13.3, 13.4 and 13.7 of Planning Priority 13 which states “Protect agricultural land and increase opportunities for access to locally produced fresh food and economic growth”.

Use of key agricultural land for residential (including rural residential), urban or rural lifestyle purposes can threaten the viability of 14

Clarence Valley Local Strategic Planning Statement (2020) – Clarence Valley Council

2019 Agrifutures report within Improving the Prospects for Agriculture and Regional Australia in the NSW Planning System (2021) – NSW Agricultural Commissioner

Clarence Valley Council Rural Lands Strategy – Background Paper

Improving the Prospects for Agriculture and Regional Australia in the NSW Planning System (2021) – NSW Agricultural Commissioner

Managing Farm-Related Land Use Conflicts in NSW (2020) - Australian Farm Institute

Page | 26

6.2

Growing the rural land economy 6.3

Reinforcing networks and support structures

As a major component of the Clarence Valley’s rural lands, the

Rural lands extend to many parts of the Clarence Valley LGA, which is

agriculture, forestry and fishing industry employs more than 1,300

the largest on the North Coast. Supporting rural areas requires both

people

effective co-ordination of information, as well as the infrastructure to

and more than 3,800 people are employed in the agri-food

economy . With the population of the LGA expected to grow to more

enable desired outcomes.

than 60,000 by 2041, encouraging employment opportunities on rural

Wherever possible, future development should strengthen the efficient

lands, including through complementary agri-tourism and recreational opportunities, is an opportunity to support this growth.

use of infrastructure, services and transport networks, or provide for new infrastructure to avoid overburdening those networks that already

The Strategy will build on existing known strengths, such as sugarcane,

exist. Key infrastructure and facilities that support agricultural

beef, forestry and aquaculture, by promoting rural industries and

enterprise include the Grafton Regional Livestock Selling Centre and

reinforcing employment opportunities whilst facilitating the development of new value-adding processes, intensification and

key transportation links such as the Clarence Valley Regional Airport. Opportunities to utilise, improve and leverage these and other facilities

encouraging diversification, as well complementary uses such as

should be reinforced to ensure effective infrastructure provision.

tourism, recreation and environmental protection (e.g. carbon

Creating a point of contact within Council to support and integrate with

farming). This is a potential counter-point to the idea of locking up

these industry and government networks is also important to ensuring

important agricultural land that has the potential to result in a

networks and support structures are well co-ordinated. A number of

declining workforce through mechanisation and lack of diversity.

key State agencies, particularly DPI and LLS, provide a range of support

LSPS Planning Priority 11 provides the impetus to “Strengthen the local

networks across the region. Others, from industry and academia to

economy and provide opportunities for quality local employment” and identifies agriculture and rural lands as being an “Engine of Growth” as well as a key employment area of the LGA. This principle will seek to

not-for-profits also play key roles in helping to address and co-ordinate responses to issues, distribute valuable information and to increase education and knowledge relating to rural lands.

facilitate these opportunities.

Reinforcing and leveraging networks and supports structures is critical.

2019/2020 ID Economy Full-time equivalent employment by industry sector https://economy.id.com.au/clarence-valley/employment-by-industry-fte accessed 28 August 2021

Clarence Valley Council Rural Lands Strategy – Background Paper

Clarence Valley Local Strategic Planning Statement (2020) – Clarence Valley Council

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6.4

Taking a future-focused, long-term approach

6.5

Providing a consistent planning framework

The Strategy is a long-term plan that considers rural lands over the

This principle primarily seeks to recognise and harmonise the localised

next 20 years. The Clarence Valley has changed significantly over the

directions with the broader directions of the region / State. Rural lands

past 20 years, both in terms of its natural environment as well as

and the industries that are represented are generally not confined by

agricultural activities and uses. That said, many long-term planning

LGA boundaries and working within the broader policy context is

principles remain relevant and continuing a consistent approach to

therefore important.

long-term needs is paramount.

In that context, there are known changes being considered through the

The Strategy will consider how planning for the protection of important

NSW Agricultural Commissioner and DPI land use planning review

agricultural lands occurs now, to enable it to remain available for the

processes currently underway. There are also potential changes within

future. But with a growing population and emerging trends for

the agri-tourism and small-scale farm activities being undertaken by

agricultural intensification, value-adding uses and diversification, there

DPIE - Planning, meaning that approaches will need to be cognisant of

is also a need to consider what the long-term needs will be and how

potential future changes.

these can be met.

Strategy outcomes will also need to consider Planning Directions set by

This principle also captures a range of environmental issues and

the State, as well as the NCRP 2036 which is expected to be renewed by

emerging practices, such as climate change, resilience, regenerative

mid-2022. This principle may require difficult conversations across

agriculture, carbon farming, water access / security and biodiversity

groups to recognise the limitations of Council’s land-use planning

values. It recognises the foundations set by the previous Strategy and

powers and utilising other regulatory and non-regulatory tools to

the longer-term needs for key issues such as key agricultural land

achieve better outcomes as part of a broader suite of approaches.

protection, fragmentation and clustering of key industries.

Clarence Valley Council Rural Lands Strategy – Background Paper

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Key recommendation areas

Based on the project drivers and strategic principles outlined in the

This can include clearer application of buffers and the articulation of

previous two sections, and in addressing the key issues identified in

Council’s approach to applying these – for example the agent of change

Part 3 of this Background Paper, the following six recommendation

approach as recommended by the NSW Agricultural Commissioner.

areas for future actions have been identified.

7.1

Facilitate effective land use planning for rural areas

It also seeks to identify and recognise the need for some planning flexibility to ensure that agricultural activities can remain viable, particularly on Far North Coast Farmland Mapping areas, such as review of subdivision controls that do not create additional dwelling

This includes opportunities to review and refine the use of zones,

entitlements.

seeking to meet both the desired outcome of retaining high quality

To support LEP provisions, there may be a need to review the DCP to

agricultural land, whilst also enabling flexibility in other areas where these uses can meet other needs. This review would be timely considering Council’s existing zones and applicable land uses has not been thoroughly revised in the past decade. This direction can also be backed by improvements to Council’s own policies, creating greater consistency and a clearer pathway for rural land use planning into the future. On the conservation zone side, this action area would also recognise

support the intended outcomes. This may again support greater use and clarity around the use of buffers to agricultural activities based on current DPI best practice – noting that the NSW Agricultural Commissioner has also identified the need for review in this area. Review of buffers for environmental protection and hazard purposes are also recognised for protection of biodiversity and to facilitate environmental outcomes.

opportunities to better incorporate land of significant or important environmental value into an appropriate zone. This could include lands that are reserved in perpetuity for conservation, as well as high value biodiversity areas where retention can be important for environmental reasons. This area also seeks to review existing land use planning controls to better recognise and define assessment considerations that can facilitate long-term improvements to dealing with land use conflicts.

Clarence Valley Council Rural Lands Strategy – Background Paper

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7.2

Elevate the importance of rural lands within Council and the community

7.3

Engage with government and industry to leverage support

Central to many recommendations and actions in the Strategy will be

Recognising that rural and agricultural activities are rarely LGA based,

the resourcing capability that Council has internally. Establishing a

there is a strong need to engage and leverage opportunities with

‘sustainable agricultural officer’ or similar position is recommended,

government and industry. This would help to drive the establishment

potentially funded by the State or Federal government. This position

of a range of programs, training and education opportunities to be

can leverage the delivery of collaborative working opportunities across

funded by agency, industry, Council and others as a basis for providing

a range of industry, government and not-for-profit organisations.

collaboration across rural lands.

This can facilitate implementation of existing policies/strategies – such

Engagement with Aboriginal land holders, as well as RFS, NPWS, Crown

as Council’s Climate Change Policy, Biodiversity Strategy, and Regional

Lands and Forestry will be important to address the interface between

Economic Development Strategy, but also new initiatives of the Rural Lands Strategy – such as Emerging Industry Strategies.

public and private land and to obtain desired outcomes for Aboriginal communities. Similarly, engagement with DPI, LLS, NRAR and DPIE -

The role would also focus on training, education and collaboration

Water will be important to ensure equitable access to water and to

opportunities, including as existing (e.g. biosecurity) and new (e.g.

manage longer-term trends towards intensive agriculture.

regenerative agriculture and carbon farming), all with a focus on

There is also a number of reforms that are being proposed.

reinforcing positive environmental, economic and agricultural outcomes. With a positive mindset to agriculture, food and lifestyle aspects of the Clarence Valley, there are opportunities to engage the broader community and visitors on the importance of rural land activities. This can help to co-ordinate promotion of rural land opportunities in

Monitoring these and maintaining consistency with ultimate directions of the NSW Agricultural Commissioners recommendations will be an important consideration. More broadly, this area also looks to lobby government to prohibit mining or exploratory licences, as well as reviewing and allocating additional funding for floodplain infrastructure improvements.

positive and engaging ways, including through a range of programs to: o

improve public understanding and acknowledgement of agricultural practices

create links between rural activities and visitors to the region

promote local agriculture through farmers markets and other activities that directly connect producers to the public.

Clarence Valley Council Rural Lands Strategy – Background Paper

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7.4

Develop supporting infrastructure that enables opportunities

Supporting these initiatives there are improvements to infrastructure that is recommended. Carefully planned, shared infrastructure - for example an ‘agricultural hub’ - has the opportunity to be a focal point to grow agriculture in the Clarence Valley and developed in collaboration with industry or State agencies. Such a facility could act as an incubator to agricultural activities, help reduce the cost of entry or expansion of agricultural production, create a supportive and collaborative network, deliver positive agricultural training and program opportunities, and provide shared access and storage of equipment. Such a facility could also closely link to food and agri-tourism, providing space for related events, marketplaces and facilities that celebrate localised food production. Ensuring that transportation and supply networks maintain pace with needs is also critical. This may include supply chain and road network requirements of emerging industries, as well as to facilitate expansion of existing industries over the 20 year life of the Strategy.

Clarence Valley Council Rural Lands Strategy – Background Paper

HARWOOD SUGARCANE FIELDS Page | 31

PART 3 – KEY ISSUES

This Part discusses the issues that have been identified as being key elements of rural lands in the Clarence Valley. These are identified across a spectrum of eight inter-related matters, culminating in recommendations under the areas set out in Part 2, Section 7.

Clarence Valley Council Rural Lands Strategy – Background Paper

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Key issues overview

The following sections provide background information relating to the key issues that have been identified through consultation, research and review. Each issue is broken down into a general overview, and then by subsections that further explain the particular context and nuances of each. For each issue, a number of recommendations are identified under each of the key areas identified in Part 2, Section 7. These provide direction that is further articulated in the Rural Lands Strategy document. It is recognised that some of the issues identified are inter-related and taking a holistic approach to the implementation of the recommendations is required – that is, issues and recommended actions should not necessarily be considered in isolation.

Clarence Valley Council Rural Lands Strategy – Background Paper

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Issue 1: Loss of farmland The Clarence Valley is a relatively unique coastal LGA in that 70%, or

Key aspects of this issue include:

more than 720,000 hectares of all land has a rural zone. For context,

Defining important agricultural land

Avoiding urban encroachment

Rural lifestylers not utilising land for agricultural purposes

Correspondingly, agriculture has become a core pillar to the Clarence

Farms / industries no longer being viable

Valley economy and the largest of its kind across the region. In

Changing climatic conditions

the extent of the rural landscape in the Clarence Valley is much larger than the entirety of many other LGAs on the east coast of NSW.

2019/2020, $216 million was exported in agriculture, forestry and fishing in the Clarence Valley alone – including close to a four-fold increase in agricultural exports between 2001/2000 and 2019/202020. The Clarence Valley Regional Economic Development Strategy 2018 – 2022 further highlights this economic importance, pointing out that arable land in the Clarence Valley realises substantial yields for its communities. Ensuring the strength of the agriculture industry is continued over the next 20 years is imperative, and key to this is addressing the loss of farmland. The loss of farmland typically occurs incrementally. This loss is difficult to quantify and the need to track this is a key recommendation of the recent Right to Farm Policy Review and DPI’s Agricultural Land Use Planning Strategy: Options Paper and a recommendation of the NSW Agricultural Commissioner’s Improving the Prospects for Agriculture and Regional Australia in the NSW Planning System

report.

Sourced from https://economy.id.com.au/clarence-valley/exports-by-industry?sEndYear=2001 accessed 17 November 2021

Clarence Valley Council Rural Lands Strategy – Background Paper

While some of these issues are more prevalent in the Clarence Valley than others, the following sections provided an overview of each.

1.1

Important agricultural land mapping

DPI has previously undertaken Far North Coast Farmland Mapping across the Northern Rivers in 2005, and this mapping was more recently confirmed in 2020 without change in the Clarence Valley area after being recognised as ‘best in State’ example of regional agricultural mapping22. This mapping has been integrated into the NCRP 2036 and part of the strategic planning process for many years, providing both State and local government with a recognised basis to identify and value important agricultural land and integrate it into land use planning. The value of the mapping is further identified within the 2021 NSW Agricultural Commissioner’s report, stating “The Far North Coast and Mid-North Coast Important Farmland Map is a good example of how a 21

Sourced from: https://www.dpi.nsw.gov.au/__data/assets/pdf_file/0019/1361611/Improving-theProspects-for-Agriculture-and-Regional-Australia-in-NSW_NSW-Ag-Commissioner.pdf 10 November 2021

Pers Comm – Selina Stillman 10 June 2021

Page | 34

regional scale map can reduce the rate of rezoning of agricultural land”

Examples of potential changes include (see corresponding plans in

and as a consequence of the mapping “The North Coast converted less

Figure 11 overleaf):

agricultural land despite having a dwelling target 25 per cent higher than the Illawarra Shoalhaven region.”

attributes) within the RU1 zone (e.g. around Woodford Island –

The extent of the existing mapping, as based on the NCRP 2036, is presented in Figure 12 (see page 38) alongside the existing extent of

Image 1) o

the RU1 Primary Production zone.

- noting that land immediately adjoining waterways would not be recommended for change to RU1)

Mapping represents those lands that are of the greatest agricultural o

RU2 (and potentially C3 in steep sloping country) (e.g. around

Farmland Mapping is through the application of zones that stipulate

the junction of the Mann and Clarence Rivers – Image 3)

prohibited and permitted uses. and the location of the Far North Coast Farmland Mapping was conducted. This found that 82% of all Far North Coast Farmland Mapped areas is located within Council’s RU1 Primary Production zone, with a further 10% located within the RU2 Rural Landscape zone. This indicates a positive correlation between the RU1 zone and Far North Coast Farmland Mapping. Conversely, only 48% of RU1 land contains Far North Coast Farmland Mapping, suggesting that there may be areas of RU1 zoned land that could be moved into the RU2 or another zones. Review and adjustment of the RU1 and RU2 zones in areas where viable land size within the Far North Coast Farmland Mapping can be achieved is recommended.

Clarence Valley Council Rural Lands Strategy – Background Paper

RU1 land outside the existing farmland mapping (as per the NCRP 2036) that is only used for grazing, could be rezoned to

elsewhere. A key mechanism for the protection of Far North Coast

A comparative analysis between the location of Councils rural zones

correlation of farmland mapping to the RU1 zone where viable to farm sizes / existing uses (e.g. around Jackadgery – Image 2

Importantly, land identified as within the Far North Coast Farmland value for soil-based agriculture, and typically cannot be replaced

inclusion of sugarcane (or other cropped land with applicable

It is noted that in conjunction with the release of the NSW Agricultural Commissioner’s report (July 2021), a draft State Significant Agricultural Land Map has been developed and exhibited in late 2021. The exhibited mapping is far more expansive that the existing regional Plan important farmland mapping. The total area of land is almost 200,000 hectares, or more than a 300% increase over the existing mapping. The exhibited draft mapping also covers large expanses of native vegetation which appear to be counter-intuitive to being significant farmland and is not consistent with the recommendations of this Report. Review of the mapping indicates: o

61,600 hectares of land is covered by both the draft State Significant Agricultural Land Map and the previously identified Far North Coast Farmland Mapping

Page | 35

Almost 5,000 hectares of land mapped as Far North Coast Farmland is not included within the draft State Significant Agricultural Land Map

More than 137,000 hectares of land is included in the draft State Significant Agricultural Land Map but not in the Far North Coast Farmland Mapping.

In addition, 62% of the draft State Significant Agricultural Land Map is included in the RU2 zoned land, 36% is within the RU1 zone and 2% or just over 4,000ha is within the C3 Environmental Management zone. Given this mapping is in draft form, and its extents are of debate, this Background Paper assumes the use of the existing adopted mapping only.

Clarence Valley Council Rural Lands Strategy – Background Paper

Page | 36

RU2 zoned sugarcane / other cropped land contiguous with RU1 land adjoining.

RU1 zoned land surrounding mapped farmland (in blue). Broad grazing land may be

Consider for inclusion in RU1. Example located at Woodford Island / South Arm.

considered for inclusion in RU2. Example located near the junction of the Clarence and Mann Rivers.

2 LEGEND Far North Coast Farmland Mapping area RU1 Primary Production area Indicative area of potential rezoning

Figure 11: Examples areas to consider rezoning NOTE: ALL EXAMPLES ARE INDICATIVE ONLY AND SUBJECT TO DETAILED INVESTIGATIONS

Area of mapped farmland utilised for agriculture currently zoned C3. Consider for inclusion in RU1 or RU2 zone. Example located at Jackadgery.

Clarence Valley Council Rural Lands Strategy – Background Paper

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Figure 12: 5 Farmland mapping extents

Figure 12: INSERT IMPORTANT AGRICULTURAL FARMLAND MAP

1.2

Rural lifestylers

‘Rural Lifestylers’ is a term referring to those individuals or families who buy rural land with little to no intent to use the land for commercial agricultural purposes (also referred to as people seeking a ‘tree change’). Many rural lifestylers buy rural land for the visual amenity values, peace and quiet, and/or a sense of space. This ‘rural lifestyle’ move has been occurring for some time, whilst being spurred on by the Covid-19 pandemic23, and partly due to the ability of many individuals to work from home allowing them to live in rural or remote locations. A potential unintended consequence is the loss of farmland no longer being used for these purposes. Whilst the land may still be used for some household farming, the loss of agricultural productivity (and land use conflict – see Issue 2) can gradually impact on overall productivity over the longer-term.

ordination and engagement with these types of (typically) small landholders to increase the overall productivity of agricultural lands.

1.3

Farm / industry viability

Small but consistent loss of agricultural land impacts not only individual and neighbouring farmers but also broader industries. Some industries in the Clarence Valley rely on having a critical mass of producers who collaborate together through key infrastructure to ensure ongoing viability. This is especially evident in the sugarcane industry where the main concern relating to the loss of farmland relates to the critical mass needed to sustain the existing mill (servicing the local area) and refinery (servicing the broader region) that are located at Harwood (i.e. within the Clarence Valley). The industry reports that much larger farms are now required to sustain returns from smaller farms of 10 years ago, exacerbating the potential impacts from even small losses26.

This situation also has ‘side effects’ of lifestylers not having the

If the operation of key infrastructure is no longer viable, the entire

knowledge and tools to maintain or improve the land. This can result

industry in NSW is likely to struggle.

in increases in weeds and other poor land management practices, risking bio-security and other impacts that further degrade agricultural production or environmental outcomes24.

That said, Sunshine Sugar have indicated that the sugarcane industry is now the biggest contributor to the Clarence Valley agri-food economy, with an estimated value of around $90 million. The Harwood Sugar

Whilst the extent of treechange pressures may reduce post-

Mill services around 10,500 hectares of production and more than

pandemic , there remains a continued need for education, co-

1,000 people are employed through the NSW production area (all

See for example https://www.abc.net.au/news/2021-06-25/covid-regional-australia-populationhousing-services/100235562 and http://www.regionalaustralia.org.au/home/regional-moversindex/ - accessed 17 November 2021

See for example - https://www.abc.net.au/news/2021-06-25/covid-regional-australia-populationhousing-services/100235562 - accessed 17 November 2021

Pers Comm – Clarence Canegrowers Association, 17 June 2021

See for example Biosecurity and Small Landholders in Peri-Urban Australia – Bureau of Rural Sciences 2007

Clarence Valley Council Rural Lands Strategy – Background Paper

Page | 39

utilising the Harwood refinery). Ensuring that this long-term viability

agricultural land or need to modify the types of commodities that are

therefore remains important.

being produced, as well as potential disruption to transportation.

Acknowledging the NSW Agricultural Commissioners comments that “The State and councils have no oversight of how much agricultural land is available and at what rate it is being converted to other land uses”27, consultation with agencies and industries in development of this Paper observed that the incremental loss of farmland has not been as strongly felt in the Clarence Valley as in surrounding LGAs. While this presents the opportunity to address this issue in the Strategy before it

MACLEAN

comes acute, lifestyle trends only likely to increase in the longer-term

YAMBA

and careful planning is needed now to avoid loss of farmland over this period.

1.4

Climate change

Council declared a ‘Climate Emergency’ in 2019. This followed previous recognition of the issue through the development of the Clarence

GRAFTON

Valley Climate Change Policy and associated sea level rise benchmarks. These recognise that climate change will impact both the current and future generations of the Clarence Valley 28. Climate change is a foundational concern that underpins many of the issues on rural lands, and in particular the impacts of sea level rise (and associated salinity) across large portions of identified important

LOW SCENARIO

farmland (refer Figure 13 which represents the low impact scenario only29). This has the potential to lead to a loss of productive

Improving the Prospects for Agriculture and Regional Australia in the NSW Planning System (2021) – NSW Agricultural Commissioner

See https://www.clarence.nsw.gov.au/Council/Governance-and-transparency/Policies/Climatechange - accessed 2 November 2021

Clarence Valley Council Rural Lands Strategy – Background Paper

Figure 13: Predicted inundation from sea level rise - 2100

Sourced from https://coastadapt.com.au/sea-level-rise-information-all-australian-coastalcouncils#NSW_CLARENCE_VALLEY – accessed 17 November 2021

Page | 40

While sea level rise will occur incrementally, and the impact may not be

Recommendation 5: Review subdivision controls to facilitate agricultural

realised over the life of this Strategy, recognising farmland will

production whilst minimising the establishment of new dwelling

ultimately be impacted and/or lost as a result is important to more

entitlements in the RU1 zone

short-term actions.

To ensure farm and industry viability, some agricultural industries

Within this context, there are also a number of related activities and actions that are associated with climate action, government policies associated with Net Zero by 2050, and potential for rural land holders. For example, the 2021 Federal Government Long-Term Emissions Reduction Plan - A whole-of-economy Plan to achieve net zero emissions by 2050, recognises the high potential for improved management of Australia’s crop and grazing lands, potentially securing 10’s of millions of tonnes of carbon per annum. This provides secondary income sources whilst developing more sustainable agricultural practices – which is further discussed under Issue 5: Sustainable land management.

require large areas of agricultural land that does not necessitate the need for an additional dwelling entitlement. This would also reduce the issue of 'rural lifestylers’ buying productive agricultural land as the intent of this control is to allow rural subdivision that would not be accompanied by a dwelling entitlement. Elevate the importance of rural lands within Council and the community Recommendation 11: Undertake forward planning for impacts of climate change on rural lands With projected sea level rise and other expected climate change related impacts, currently productive agricultural land will undoubtedly

RELATED RURAL LANDS STRATEGY RECOMMENDATIONS

be lost. Understanding the extent of this impact and preparing

Note: the recommendation numbers relate to those presented in the Rural Land

accordingly is critical for rural land holders and broader industry viability.

Strategy document for ease of reference.

Facilitate effective land use planning for rural areas Recommendation 1: Review the applicability of RU1 and RU2 zones In context of the Far North Coast Farmland Mapping, and other land with verified high quality agricultural attributes, Council will review how the RU1 and RU2 is applied. This would delineate that the RU1 – Primary Production zone will primarily protect and reserve land for agricultural productivity, while the RU2 – Rural Landscape zone will enable a more diverse range of uses and activities suitable to rural areas.

Clarence Valley Council Rural Lands Strategy – Background Paper

Page | 41

Issue 2: Managing rural conflicts When rural activities are not managed, land use conflict can easily be

However, expanding river and coastal towns, such as around Yamba,

created, whether perceived or real. In particular, there can be

Maclean and Grafton, as well as pockets of other rural conflicts were

incompatibility between certain rural lands practices (for example

identified through the consultation period as being most susceptible to

agricultural activities such as spraying and processing) and

this issue in the future.

neighbouring land uses. The potential for conflict is exacerbated where pre-existing notions of pristine rural lifestyles are met with the reality of living in close proximity to agricultural activities.

Opportunities to better manage activities in rural lands are explored through this section in terms of:

Typical farming practices can result in land use conflict including noise, odour, dust, smoke, chemical drift, water quality issues, vehicle movements, hours of operation and poor visual amenity. The obvious solution is to provide separation or buffers between conflict points, however such separation can be particularly difficult where small landholdings are prevalent and in areas where intensive activities are undertaken. Another reason for conflict can be a result of how Council applies both rural and residential land zoning. For example, the application of an RU1 – Primary Production zone adjacent to a residential zone has potential to cause land use conflict if natural buffers (e.g. vegetation or waterways) or transition areas are not available. This issue is recognised within the NSW Agricultural Commissioner’s report which highlights that land use conflict is not currently measured effectively across the State. Consultation with agencies, Council staff

Use of the available land use zones

Right to farm and activities that sit outside planning processes

Providing for education and awareness

Exploring the use of buffers

Better utilising Council’s DCP

It is also noted that the NSW Agricultural Commissioner’s report provides some details of the extent of the rural land use conflict issues across the State and provides a number of recommendations to address this. This includes the establishment of a “NSW Farm Practices Panel” that would assess and where satisfied, endorse industry codes of practice, and the establishment a “Council Reference Group” to bring councils together across NSW to share experiences of agricultural land use conflict.

2.1

Land use zones

Council can play a key role in the management of rural land from land

and industries observed in developing this Strategy that rural land use

use planning perspective through the application of rural zones.

conflict in the Clarence Valley is comparably low compared to

Each zone provides objectives, prohibited and permitted uses, with

surrounding LGAs. This can be partly attributed to the extent of rural

zones then being influenced by a range of local clauses within the

lands and the relatively low population density across the LGA.

broader LEP framework. An example of this is the application of

Clarence Valley Council Rural Lands Strategy – Background Paper

Page | 42

Clause 7.1(7) in the current Clarence Valley LEP30 relating to the

In addition to the RU1, RU2 and RU3 zones, Council’s current LEP also

sugarcane industry. In this way, zones and more localised clauses

utilises the C1 National Parks and Nature Reserves, C2 Environmental

provide a combined framework and approach on how Council

Conservation and C3 Environmental Management zones. Together the

manages rural land.

rural and environmental zones cover a spectrum of activities on the

At the zone level there are a total of six ‘rural zones’ that can be used

landscape as identified in general terms in Figure 14 below.

under State legislation, and of which the Clarence Valley LEP utilises

As outlined in further detail at Appendix A, there is potential to better

three, as identified below:

define the purpose of the RU1 and RU2 zones. This would create a

RU1 Primary Production (utilised in current LEP)

more direct correlation to primary production on mapped significant

RU2 Rural Landscape (utilised in current LEP)

farmland under the NCRP 2036 and opportunities for broader land use

RU3 Forestry (utilised in current LEP)

diversity on more marginal rural land within the RU2 zone.

RU4 Primary Production Small Lots RU5 Village

However, conflicts are also occurring within the RU2 zone, particularly

o o

RU6 Transition

where intensive horticultural (particularly ‘protected cropping’ under nets, tunnels or glasshouses) is proposed and undertaken.

Figure 14: Spectrum of zones on the rural landscape 30

See https://legislation.nsw.gov.au/view/html/inforce/current/epi-2011-0701#sec.7.1 – accessed 18 November 2021

Clarence Valley Council Rural Lands Strategy – Background Paper

Page | 43

Opportunities may exist to isolate this rural use into a dedicated

without interference from neighbours and other land users

“special precinct” or through application of the RU4 zone where

complaining about these activities.

permissibility can be more clearly outlined / considered (see Issue 6.1 for further details).

Section 4 of the Right to Farm Act 2019 includes provisions to protect commercial activities from ‘nuisance’ complaints. Significant expansion

Current environmental zones are considered to have a better level of

or variation in practice are not protected under the Right to Farm

differentiation, though expansion of the C2 and/or C3 zones could be

legislation, as this would unfairly infringe on the rights of neighbouring

further explored to capture lands with strong environmental attributes

residents.

such as lands that are already, or proposed to be, covered by conservation agreements, biodiversity offsets in perpetuity, or similar arrangements.

Right to Farm Policy highlights the importance of other land use planning policies and the role of the State Government in working with councils to facilitate balanced outcomes that continue to promote

It is noted that large extents of rural land in the Clarence Valley may

agriculture. For example, the NSW DPI’s Land Use Conflict Risk

have important environmental qualities and where this can be

Assessment (LUCRA) Guide31 provides guidance on how potential

demonstrated by landowners, Council can play a role in helping

future conflict can be avoided. The risk assessment includes gathering

facilitate the voluntarily rezoning to a more appropriate environmental

information about proposed land use changes, evaluating risk of

zone

conflict from relevant activities and identifying risk reduction

Consistent with Council’s adopted Biodiversity Strategy 2020-2025, there

management strategies.

is also potential in conjunction with DPIE Biodiversity Conservation

Further to these, the NSW Agriculture Commissioner has also recently

Division (DPIE - BCD), to better identify strategically important

conducted a review of the NSW Right to Farm Policy 32. The review

biodiversity corridors for inclusion in a more appropriate

found that the Policy was delivered but did not fix issues relating to

environmental zone.

land use conflicts. As such, the Commissioner recommended the

2.2

Right to farm

DPI’s Right to Farm Policy 2015 was developed in response to land use

development of an Agricultural Land Use Planning Strategy to address three key issues:

conflict on rural lands. ‘Right to farm’ is commonly interpreted to be the ability for farmers to undertake lawful agricultural practices

See https://www.dpi.nsw.gov.au/__data/assets/pdf_file/0018/412551/Land-use-conflict-riskassessment-LUCRA-guide.pdf - accessed 18 November 2021

Clarence Valley Council Rural Lands Strategy – Background Paper

Long term availability of productive land

Reducing land use conflict and supporting dispute resolution

Support the growth of agriculture and regional economies

DPI Right to Farm Policy Review (December 2020)

Page | 44

An options paper to inform the Agricultural Land Use Planning

Irrelevant of how new rural landowners arrive, issues often then arise

Strategy

around the lack of knowledge, communication and understanding

was also developed and released in December 2020,

providing further insight into options around land use separation. This

about living in rural areas and adjoining operational farms. This is

is also further considered in the NSW Agricultural Commissioner’s

acknowledged by the NSW Agricultural Commissioner, with his recent

report

report35 containing the recommendation that:

resulting in the following recommendation:

9. The NSW Government should require councils to consider buffer

11. DPI in partnership with relevant NSW Government agencies should

guidelines for agricultural operations in relevant development application

implement education programs for … the wider public about agricultural

approval process.

land use planning needs and the planning instruments that support these

This includes application of the agent of change principle so that

uses.

established buffers are considered in neighbouring development

It also contains recommendations relating to determinations on what

decisions and review existing buffer guidelines to ensure they reflect

is acceptable impacts (Recommendation 12), as well as opportunities

contemporary science, best practice and meet regulatory needs.

for councils to collaborate on rural issues, including responses to land

Further discussion around buffers and applicability within the context of Council’s DCP is further highlighted later in this section.

2.3

Education and awareness

Land use conflict and poor planning outcomes can easily be exacerbated through individual planning decisions or cumulative impacts. A particular issue, though not the only one, is the increase in rural lifestylers or tree changers that located on rural lands. Lifestylers are not only becoming more prevalent through new dwellings, but many existing rural properties are also being purchased by those seeking tree or sea change opportunities – not farming.

use conflicts (Recommendation 13). Providing guidance, either through Council programs and/or through other agencies/providers, on effective communication between neighbours is critical and needs to be supplemented with regular information and consultation. For example, forewarning neighbours when irregular farming activities are about to occur or establishing time-of-day preferences for activities that cause noise or odour may be simple opportunities to assist in reducing neighbourly conflict. In this scenario, proactive farmers can help to mitigate effects and neighbours may be more willing to accept them. Strong industry codes of practice at a local level can also help to promote industry self-regulation and would potentially be effective for

DPI Options Paper - Agricultural Land Use Planning Strategy (December 2020)

NSW Agricultural Commissioner - Improving the Prospects for Agriculture and Regional Australia in the NSW Planning System (July 2021)

Clarence Valley Council Rural Lands Strategy – Background Paper

NSW Agricultural Commissioner - Improving the Prospects for Agriculture and Regional Australia in the NSW Planning System (July 2021)

Page | 45

reducing some levels of land use conflict. For example, to deal with

through its adopted Biodiversity Strategy 2020-2025), though has a more

existing issues, and to safeguard against these occurring the future,

limited presence in this role across the agricultural space more

Council could consider:

broadly.

the development of easy to apply best management practice guidelines to help limit community concerns about nuisance or pollution. Council, with the assistance of DPI/LLS could help key stakeholders develop best management practice guidelines and generate adoption at the local level

a requirement for sales of land or established homes in rural areas to come with statements regarding the potential for land use conflict – for example, according to the Right to Farm Review, some councils already attach a statement to each

Buffers

DPI has developed a ‘Primefact’ interim guideline entitled Buffer Zones to Reduce Land Use Conflict with Agriculture 201836. This provides consolidated advice on recommended buffers to agricultural activities for the use of industry, development proponents and consent authorities. It suggests buffer zones between 50m and up to 1km between incompatible land uses, with the onus on the developer to use their own land as a buffer zone to mitigate land use conflict.

Section 10.7 certificate explaining what is to be expected by

This direction is generally supported by both the current Agricultural

purchasing land in a rural-based community.

Land Use Planning Strategy: Options Paper and the more recent NSW

generally creating greater and more accessible information on

Agricultural Commissioner’s report provides further details which

what normal or acceptable farm practices are, and lifting understanding and reducing conflicts as a result (as

2.4

highlights the concept of ‘agent of change’ and need for stronger use of buffers by councils. In particular, Recommendation 9 of that

recommended by the Commissioner)

document37 states:

providing a ‘new landowner package’ or similar when new

The NSW Government should require councils to consider buffer guidelines

residents are registered at a rural address. An example of this

for agricultural operations in relevant development application approval

is the LLS Rural Living Handbook - A guide for rural landholders

process.

(2020) or the earlier DPI Living and Working in Rural Areas – A handbook for managing land use conflict issues on the NSW North Coast (2007).

This also recommends the use of the agent of change principle that places the onus of the applicant to take into consideration and provide setbacks to other current land uses. The NSW Agricultural

Council already undertakes a range of education and promotional

Commissioner’s report does however acknowledge that DPI should

activities across environmental and biosecurity issues (as reinforced

review existing buffer guidelines and “work with industry and councils to

36See

https://www.dpi.nsw.gov.au/__data/assets/pdf_file/0011/841088/buffer-zones-to-reduceland-use-conflict-with-agriculture.pdf - accessed 2 November 2021

Clarence Valley Council Rural Lands Strategy – Background Paper

NSW Agricultural Commissioner - Improving the Prospects for Agriculture and Regional Australia in the NSW Planning System (July 2021)

Page | 46

ensure they reflect contemporary science, best practice and meet

that the development will not be within 500 metres of a dwelling not

regulatory needs” and to better identify where buffers are in operation.

associated with the development, or a zoned residential area.

This provides a relatively sound theory provided that uses are subject

2.5

to Council consent (as opposed to exempt development), and that assessors have sufficient detailed controls to accommodate the direction. The Department of Primary Industries Living and Working in Rural Areas: A handbook for managing land use conflict on the NSW North Coast NSW, also recommends buffer distances between various types of agricultural activities and residential development. For example, 1km for piggeries, poultry facilities and feedlots, 500m for dairies and other intensive livestock operations, 200m for greenhouses and 50m for

DCP controls

The Clarence Valley Rural Zones DCP provides detailed development controls for rural zones and applies to land in the following zones that are subject to the Rural Lands Strategy: o

RU1 Primary Production

RU2 Rural Landscape

RU3 Forestry

The Rural Zones DCP addresses such matters as the protection of amenity, privacy and scenic values, flooding and tidal inundation, flora

grazing stock.38

and fauna, development design along with operational requirements.

The Primary Production and Rural Development SEPP (2019) introduced a

It also establishes the consideration of buffers (for example within

new standard clause for Council’s LEP relating to matters that must be considered by the consent authority when rural land is subdivided for residential development or a new dwelling is erected, with the objective of minimising potential land use conflict. Whilst buffer zones are not specified as a measure to ‘avoid or minimise any

objectives), but has little guidance on distances with the exception of some being identified for the small area of former horticultural lands around Wells Crossing / Lanitza (particularly for spray drift). Strengthening and clarifying buffer requirement in accordance with best practice DPI guidance may be appropriate to assist in addressing

incompatibility’, their presence in supporting documents – such as

land use conflicts over the long-term.

Council’s DCP would be beneficial to guide the assessment process.

The Clarence Valley Development in Environmental Protection, Recreation

Buffers have however been explicitly provided for in the Clarence

and Special Use Zone DCP may also be reviewed to better support

Valley LEP Clause 5.18 pertaining to new intensive animal agriculture developments. In particular, the consent authority must be satisfied

buffers in the applicable E zones to assist with land use conflict in those areas.

See https://www.dpi.nsw.gov.au/agriculture/lup/living-and-working-in-rural-areas/living-andworking-in-rural-areas-handbook - accessed 2 November 2021

Clarence Valley Council Rural Lands Strategy – Background Paper

Page | 47

RELATED RURAL LANDS STRATEGY RECOMMENDATIONS

Recommendation 4: Collaborate with State agencies and industry on

Note: the recommendation numbers relate to those presented in the Rural Land

opportunities to best protect agricultural activities adjoining existing and

Strategy document for ease of reference.

proposed urban areas Exploring long-term protection measures on identified existing and proposed residential land through Council’s proposed Growth

Management Strategy to manage the rural to residential interface. Recommendation 6: Review LEP and/or DCP controls to include greater certainty and direction around expectations for buffers to agricultural activities

review how the RU1 and RU2 is applied. This would delineate that the

Review the current application of DCP and LEP controls and integrate

RU1 – Primary Production zone will primarily protect and reserve land

current (DPI’s - Buffer Zones to Reduce Land Use Conflict with Agriculture),

for agricultural productivity, while the RU2 – Rural Landscape zone will

or revised future guidance as recommended by the NSW Agricultural

enable a more diverse range of uses and activities suitable to rural

Commissioner (or equivalent), to assist in assessment of applications

areas.

and planning proposals on rural lands in line with best practice to

Recommendation 2: Review land use permissibility and objectives in the RU1 and RU2 zone Adjustments to the land uses that are permitted, as well as the zone objectives, should be considered to better differentiate the “Primary

reduce land use conflict. Recommendation 7: Reinforce existing DCP controls for protection of biodiversity and environmental outcomes through review of buffers and related provisions

Production” areas within the RU1 zone, and the broader diversity in

Consistent with Recommendation 3 relating to application of

use of other “Rural Landscape” zone.

environmental zones, reviewing the current DCP controls with respect

Recommendation 3: Review the zoning of rural lands that have strong environmental attributes or form part of strategically important biodiversity corridors

to protecting biodiversity and environmental outcomes will work towards clearly delineating key environmental qualities from other rural uses.

Applying an appropriate environmental zone where practical, reduces the potential for rural land use conflict between areas with environmental qualities and areas with a greater agricultural production focus / potential.

Clarence Valley Council Rural Lands Strategy – Background Paper

Page | 48

establishing a greater common awareness that can reduce land use Elevate the importance of rural lands within Council and

conflicts.

the community Recommendation 12: Collaboratively identify conflict inducing practices

Develop supporting infrastructure that enables

and opportunities to work with industry and agencies to reduce these

opportunities

conflicts

Recommendation 22: Consider opportunities for, and where viable develop

Recognising that neighbourly conflicts typically occur outside the land use planning framework, identifying and establishing a plan to engage with rural landowners can help address ongoing concerns. This work may require collaboration with State agencies, industry and individual landholders through best practice conflict resolution, mediation and education.

an ‘Agricultural Hub’ to benefit a wide spectrum of rural activities The development of a carefully planned, shared infrastructure arrangement may reduce the need for on-site agricultural activities that can cause land-use conflict. This shared approach in a carefully planned facility can centralise such activities rather than being dispersed across rural areas, as well as providing a central meeting, training and education point for a range of activities.

Engage with government and industry to leverage support Recommendation 15: Continue to review, collaborate and, where require, maintain consistency with evolving State polices Considerable attention is currently being given from State agencies on establishing policies and directions around reducing land use conflict. Ensuring Council is continually aware of current State policies and directions, and their implications, is imperative to enabling effective collaboration and leveraging of State-wide resources. Recommendation 16: Provide a range of programs, training and education opportunities for rural landowners and the broader public Improving public understanding of the importance of agricultural practices, and what constitutes normal farm practice, is imperative to

Clarence Valley Council Rural Lands Strategy – Background Paper

Page | 49

Issue 3: Barriers to entry / expansion In conjunction with the typically lower average and less secure income prospects in agriculture, there are a number of barriers 39 that are limiting various industries and opportunities on the rural lands of the Clarence Valley. These are apparent in two main ways: 1. a lack of new entrants which places increased pressure on existing and older producers to continue working 2. an inability to expand farming operations to keep pace with ever increasing productivity needs to maintain viability

3.1

Land prices and affordability

Rural land in the Clarence Valley varies considerably in price due to proximity to towns, coastal landscapes, geographical features and terrain. While the Clarence Valley enjoys lower median house and rental market prices than some surrounding council areas, house prices have still increased significantly in recent years, from a median house price of less than $320,000 in 2014 to around $485,000 at the current time, including 17.7% growth over the last two years 40.

While the ability of rural land holders to commence or expand

Notably, growth in surrounding local government areas has typically

agricultural activities is interconnected with issues beyond the scope of

been much higher, with the Richmond Valley LGA increasing by 19.1%,

Council’s immediate control, the following key and inter-related

Coffs Harbour by 23%, Ballina by 32.8% and Byron Shire 60% over the

aspects of this issue were raised through consultation and research:

same period. The growth in surrounding localities suggests that there

Land price increases and subsequent affordability

Intergeneration progression and succession planning

Subdivision of land whilst retaining productive capacity

Monitoring and where possible the removal of barriers to entry and expansion can assist in maintaining viable and productive uses of rural lands to the benefit of the wider Clarence Valley community.

may continue to be increasing price pressures on land in the area into the foreseeable future. This increase in land value also extends to rural lands. A combination of increasing land value for agricultural pursuits is being exacerbated by the growing popularity of lifestyle farms and appetite for sea / treechange opportunities. This has been highlighted in the annual Rural Bank – Australian Farmland Values 2021 report41, and as shown in the historical graph below for NSW42.

See for example https://www2.deloitte.com/au/en/pages/consumer-business/articles/farmingverge-workforce-crisis.html - accessed 19 November 2021

From ruralbank.com.au – accessed 11 November 21

Rural Bank – Australian Farmland Values (2021)

See https://www.realestateinvestar.com.au/Property/nsw/clarence+valley – accessed 11 November 21

Clarence Valley Council Rural Lands Strategy – Background Paper

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(only 25% of respondents). Some industries, such as sugarcane, indicate that the need for larger farms to be economically viable, combined with the significant increase in land value, means that succession planning and the potential for new entrants is severely limited (refer to further discussion in the next two sub-sections). As land becomes unaffordable in proportion to local farmer revenue, two outcomes can occur: 1. Market entrants become more limited to larger agricultural companies creating larger scale operations to establish Figure 15: Rural land price increases Increases have anecdotally increased into 2021, particularly as a consequence of the current pandemic, and placing greater pressure on

efficiencies, or 2. Landowners from metropolitan areas with more disposable income purchase rural land as a lifestyle choice instead of for agricultural production.

the balance between farm viability and entry for new participants. The

As a result, there are fewer new farmers entering the agricultural

Rural Bank Report further identifies that “Although median price per

sector due to magnitude of the growing initial investment required in

hectare declined at region level there was strong growth recorded for a

buying rural land. There are also identified issues with succession

number of municipalities including Clarence Valley, Inverell, Kyogle, Port

planning as many farmers need to capitalise their land assets to enable

Macquarie-Hastings, Tamworth, Tenterfield and Walgett.”

retirement. This includes for younger family members, where

Between 2015-2020, the Report identifies that rural land prices have increased substantially (compound growth of 9.2% in the Clarence Valley) compared with the longer 10 year growth rate (2.6%)43. Historically, land prices have not been such a significant barrier, with smaller farms being able to still produce acceptable incomes. As highlighted by responses to the initial project survey, few rural properties derive a majority of their household income from the land

concessional lots or similar may have previously provided an avenue for staying on the land or associated with the farm (this is further discussed below). Even where a new entrant is able to acquire land, the continuing shift to greater technologies also means that there is often significant capital investment needed to facilitate ongoing income. Farming can be hard work, with more limited and variable income generated. This barrier can however be addressed through process of education,

Rural Bank – Australian Farmland Values (2021)

Clarence Valley Council Rural Lands Strategy – Background Paper

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engagement and collaboration with landholders (refer Issue 4 for more

adjustments associated with sugarcane farming (see further below).

details). This combination means there is a significant barrier to entry

Other opportunities exist through positive reinforcement and value-

into farming that do not typically apply to many other occupations .

adding to farm production through mechanisms such as farm gate

3.2

Intergenerational progression

As outlined above, there is a current megatrend across Australia of

trails and farmers markets, as well as on-farm diversification (e.g. accommodation, tours and tastings).

young people leaving rural land to find work in urban or indoor

3.3

settings45 or for more lucrative industries such as mining46 – whether

Whilst historically there has been an ability to create small lots for

by choice or barriers to entry.

children or retirement (concessional lots or similar), these provisions

Knowledge of rural land management and agricultural practices has historically been passed down from within families for generations.

Subdivision to maintain productivity

have progressively been removed as part of a State-wide approach due to legitimate concerns relating to land use conflict and fragmentation.

Consequently, as fewer young people stay on the farm, succession

Now moving towards a generation since these changes, there is an

planning becomes more and more problematic. There are a number

apparent issue within sugarcane (and potentially other industries in

of contributing factors over the past 20 years leading to this move

the Clarence Valley) where the need for larger farms for productivity,

including:

an aging farmer workforce, and fewer younger generations taking up

Increasing land prices

Lack of farming knowledge / literacy

Capital investment requirements

Physical demands of farm work

Lower than average income

Increased ease of online work / alternative incomes

It is widely accepted within land use planning that subdivision which

Lack of infrastructure and support networks for young farmers

enables new dwelling entitlements to be created in rural areas will

As per the list above, this multi-faceted challenge is beyond the scope of Council to resolve, though there is potential for influence in some more specific areas – such as the identified issues with boundary

the industry mean that farms are being lost to other uses (e.g.

See for example - https://www.farminstitute.org.au/farmers-are-getting-older-but-its-not-aproblem/ and https://www2.deloitte.com/au/en/pages/consumer-business/articles/farming-vergeworkforce-crisis.html - accessed 19 November 2021

Clarence Valley Council Rural Lands Strategy – Background Paper

macadamias or rural lifestyle purchasers. Particularly within sugarcane, this can result in incremental loss of production, and over time will risk the future of the industry (and the 1,000 direct and indirect jobs that are associated with it).

ultimately result in fragmentation and increase the likelihood of land use conflict. To counter these historical impacts, Council implemented a 10 year ‘sunset period’ in 2011 within which dwelling entitlements on undersized allotments must be approved (ending in December 2021). 45

Pathways into Agriculture (2016) – Mid North Coast NSW RDA

Farming on the verge of a workforce crisis - Agribusiness Bulletin (undated) – Deloitte

Page | 52

This process is likely to result in a spike in applications, but an eventual

that other uses are not proposed on the residual lot and its economic

reduction in potential land use conflict points over time.

value remains with agricultural production.

Whilst this process is supported, planning controls can also restrict the necessary growth and change of industries like sugarcane when they

RESIDUAL LOT (NO DWELLING)

cannot be applied in a more flexible way. For example, an existing dwelling on a farm property could be subdivided from the residual lot (which could remain over the minimum lot size) that remains

agriculturally productive. With appropriate buffers and a restriction on

PRODUCTIVE FARMLAND

any dwelling entitlement for the residual lot (even when over the minimum lot size) this scenario may provide a balance between the risks of land use conflict (no new dwellings are created) and the

BUFFER

potential loss of productive land (particularly when lost to lifestyle

uses). This concept in a simplified format is outlined in Figure 16. This scenario enables farmer A to capitalise some value in the land whilst

EXISTING

EXISTING DWELLING

PROPOSED

Figure 16: Subdivision to facilitate important farmland retention

potentially remaining on site in the short-term (living in a buffered

The choice to utilise this provision would remain with the landowner,

existing dwelling on its own smaller lot). Farmer B has the opportunity

resulting in no net addition of dwelling entitlements whilst reducing the

to expand their farm (through lot amalgamation or with a restriction

loss of existing productive land. However, the importance of ensuring

on dwelling entitlements on the residual lot of farmer A) to meet

agricultural viability / retention of use remains for the longer-term due

increased productivity needs at a reasonable cost (as there is no

to the subdivision outcome, even where the resultant land parcels are

dwelling), whilst also retaining the extent of previously cropped land

sold.

for the broader industry (i.e. assisting overall industry viability). It is important to reiterate that the scenario would restrict any dwelling entitlement on the residual lot of farm A whilst providing an appropriate buffer to the existing dwelling. If this residual lot is not purchased by farm B, it may still be sold or leased to anther producer, but would not be available for residential use. It is envisaged that this may only be applicable to the RU1 Primary Production zone to ensure

Clarence Valley Council Rural Lands Strategy – Background Paper

The allowance to undertake this form of subdivision would be envisaged through an LEP amendment, potential to Clause 4.2B. While there are recognised issues resulting from the legacy of fragmentation and concessional style lots, the impact of removing flexible approaches may have greater impacts as the value of land for lifestyle reasons (i.e. with a dwelling) outweighs the values for agricultural production. This is particularly acute within the context of

Page | 53

the loss of land mapped on the Far North Coast Farmland Map as

land without dwelling entitlements being created and thereby reducing

many of these areas coincide with high land values in coastal growth

the barriers to agricultural expansion.

locations. Elevate the importance of rural lands within Council and

It is further acknowledged that whilst minimum lot sizes play a

the community

significant role in many of the issues identified, changing the lot size would not be expected to resolve this issue. As identified in the DPI

Recommendation 8: Establish an ‘Sustainable Agricultural Officer’ within

Agricultural Land Use Planning Strategy Options Paper, “the minimum

Council

lot size for rural land is often a reflection of historical policy and is not based on evidence. Achieving the minimum lot size does not guarantee that the land will continue to be used for agriculture as the size of the lot may be unsuitable for the particular farming method. Moreover, there is some evidence that minimum lot sizes can also be too large – too small to be viable businesses but too large for effective hands on management.”

This will assist Council to work more closely with producers and rural land holders to identify and support appropriate opportunities for diversification of use, particularly within the RU2 zone, whilst also linking these where possible on ongoing productive use of the land (for environmental or agricultural purposes).

RELATED RURAL LANDS STRATEGY RECOMMENDATIONS

Engage with government and industry to leverage

Note: the recommendation numbers relate to those presented in the Rural Land Strategy document for ease of reference.

support Recommendation 17: Provide a range of programs, training and education opportunities for rural landowners and the broader public

Facilitate effective land use planning for rural areas Recommendation 5: Review subdivision controls to facilitate agricultural production whilst minimising the establishment of new dwelling entitlements in the RU1 zone The rising value of some rural land is being driven by its value for residential rather than agricultural use. This recommendation seeks to

Breaking down barriers to entry can be achieved through engagement, collaboration and training opportunities for new and existing rural landholders. For example, specific programs can be developed around engagement of new entrants, succession planning and opportunities for alternatives to land purchase (e.g. leasing, co-operatives etc). Recommendation 18: Strengthen opportunities for rural tourism and

avoid rural land identified primarily for agricultural use (i.e. within the

recreation

RU1 zone) becoming more highly valued for residential use and lost to

Enabling carefully planned diversification opportunities within the rural

‘rural lifestylers’. This is achieved by allowing the subdivision of rural

lands’ context, for example complementary tourism and recreational activities, was well supported through the project survey and

Clarence Valley Council Rural Lands Strategy – Background Paper

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discussions. Such use can provide a greater range of interests for younger farmers and rural land holders, creates opportunities for greater and more stable revenue and may assist in transition of traditional farm businesses within rural lands context. Develop supporting infrastructure that enables opportunities Recommendation 22: Consider opportunities for, and where viable develop an ‘Agricultural Hub’ to benefit a wide spectrum of rural activities, and Recommendation 23: Establish a basis for industry specific and shared infrastructure opportunities The development of carefully planned shared infrastructure can be utilised to facilitate collaborative arrangements that may assist in reducing the cost of entry to agricultural production and create a supportive network of suppliers and producers.

Clarence Valley Council Rural Lands Strategy – Background Paper

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Issue 4: Working collaboratively & culturally connected Once the issues of accessing rural lands and managing the land use impacts that are occurring on and between them are understood (refer to Issues 1 – 3 of this document), it is important to recognise the importance of collaboration in the context of rural lands. Many of the activities undertaken on rural lands are part of a larger network of industry and environment. Many of the issues and opportunities are not bound by the Clarence Valley’s local government boundaries, and as such there are a range of State Government, industry and research interests that need to be considered by individual landholders. Working collaboratively within these contexts will assist in achieving long-term outcomes for rural lands and

These matters are also considered within the context of this issue.

4.1

Aboriginal and traditional practices

Central to all rural lands is its connection to the Aboriginal peoples of the region. Consistent with Council’s statement of reconciliation, there is an ongoing effort to integrate cultural understanding to the longterm strategies and actions of Council. In context of recent natural disasters, Council has been actively involved in identifying areas of Aboriginal significance within the rural land context (being undertaken in associated with the RFS). Council is also undertaking cultural mapping projects, including:

landholders.

Yaegl Aboriginal Cultural Heritage Mapping Project, and

Similarly, there are strong ties between rural lands and the Aboriginal

a proposed partnership project with the Native Title Holders and Traditional Custodians to conduct a cultural mapping

peoples of the area who have an innate understanding of the Clarence

project on Gumbaynggirr country47.

Valley and the importance of land management from a traditional and custodian perspective. Acknowledging and utilising this understanding will provide further long-term benefits to the land and its importance to Aboriginal people. Working collaboratively is also important for broader rural community building in the context of resilience. This includes immediate responses to natural disasters, but also about long-term informal rural networks that may be established by a closer connection and understanding of rural issues.

Outcomes of these projects will better recognise and secure important cultural sites and will become more pivotal to future activities into the future. Council, as well as a range of other government agencies, is also working with Aboriginal communities to understand and integrate opportunities for their knowledge of land management to better inform existing practices. This process is recognised in the outcomes of the Royal Commission into National Natural Disaster Arrangements which published its outcomes in October 2020. Exploring these

Refer to Council’s 2021/2022 Operational Plan

Clarence Valley Council Rural Lands Strategy – Background Paper

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opportunities at a local level would provide alternative perspectives on

collaborative understanding of the value of rural lands.

Community and not-for-profit organisations, that range from localised groups with particular interests in rural lands, to national level organisations.

These opportunities are also supported by Council’s LSPS that identifies the establishment of networks and training opportunities for

Discussions associated with the project have highlighted the extensive

primary producers to work with local First Nations to improve land

work being undertaken across a range of agricultural and

management, especially cultural burning.

environmental protection areas. These extend from landowner to

Traditional Custodians in Clarence Valley also have a variety of land holdings. There may be opportunities to work with the Aboriginal

landowner advice, agency to agency and famer to agency or vis-versa, all of which provide a range of knowledge sharing and growth.

community to explore how these landholdings are utilised, managed

What is also apparent across the region, is that despite the Clarence

and where appropriate developed for the benefit of the local

Valley having the most rural land and being the largest agricultural

Aboriginal community. This may also assist in the development of

producer, many organisations have a greater focus or existing

Aboriginal tourism opportunities as part of the broader rural land

collaboration with coastal areas to the north. Several identified that

tourism offerings (see Issue 6 section on ‘rural tourism’).

Tweed and Byron councils’ appointment of agricultural officers has

4.2

Building connections

Throughout the initial engagement stages of the developing the Clarence Valley Rural Lands Strategy it has been clear that there are numerous organisations that work within the rural lands space. These generally fit into three categories: o

Industry groups, that tend to have high levels of expertise and understanding of specific sectors, including co-operatives, peak bodies and the like

Government agencies and associated bodies, including DPI, LLS, Biodiversity Conservation Division (BCD) and Council, as well as a range of related institutions that undertake research, training and education initiatives that are often funded by State or Federal government

been a conduit to working more closely with local government in the delivery of programs education events and advisory services. Within the context of Clarence Valley Council, there is no centralised officer or position that is associated with agricultural activities. Nonetheless, Council’s LSPS has a clear intent to “Protect agricultural land and increase opportunities for access to locally produced fresh food and economic growth” (Priority 13). There are also identified directions within the context of rural / hinterland tourism and the desire for biodiversity protection across the rural lands network. A review of the Tweed and Byron Shire Council websites provides a snapshot of the types of activities that are undertaken, as summarised below: o

Tweed “Sustainable Agriculture Program” works with local landholders, community groups, State agencies, and research

Clarence Valley Council Rural Lands Strategy – Background Paper

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organisations to improve the viability and environmental

biosecurity and the like are also integrated with these as a more

capacity of the Tweed’s farmland. This includes education

holistic direction for rural land holders – including both videos and

programs, on-ground research and demonstration projects,

written resources.

policy work and advocacy. o

Byron Council offers a free onsite farm consultation through their “Agricultural Extension Officer” alongside guides and

On the infrastructure side, whilst there are specific industries that have very effective sharing arrangements, there are few more generalised infrastructure resource opportunities. Some of these opportunities are

toolkits for farmers in the area, as well as ongoing coordination of workshops, field days, farming events and grant opportunities.

identified by strategic plans established by Clarence Valley Food Incorporated49, whilst others are identified within Council’s LSPS. Examples include:

Discussions with industry, not-for-profits and State agencies highlighted the benefits of this direct connection to these councils. This creates greater opportunities for leveraging of resources given that many issues and sectors cross LGA boundaries.

4.3

Education and shared resources

Wholesale produce market and food hub

Cold food storage facility and distribution centre

Mobile abattoir and processing facility

Connections to supply chains incorporating international markets (e.g. Wellcamp and Gold Coast airports)

As outlined above, building better connections with the range of

Each of these requires more detailed investigation and business case

industry, government and not-for-profit organisations also can also

development, though short-term initiatives that build towards these

bring about a range of education and shared resources. This is

projects may be necessary to achieve the momentum required for

supported by the 2021 Australian Farm Institute report Stronger Ag,

successful outcomes.

Stronger Regions, highlights that regional jobs, education and training is the number one priority to invest in to grow the agri-food sector.

From a Council perspective, there are also opportunities to work more collaboratively with neighbouring local governments, as well as with

Related back to the previous sub-section on building connections, both

industry bodies, to facilitate cross-border considerations. Examples

the Tweed and Byron shires have a range of information, including

may include the berry / protected cropping industry with Coffs 48

programs and activities which they facilitate, easily available online .

Harbour, and macadamia industry with Ballina, both of which have

Programs and resources for activities such as weeds, pest and other

distinct hots spots within the LGA – as shown in Figure 17 overleaf.

See for example programs and information sources at https://www.byron.nsw.gov.au/Business/Key-industry-sectors/Agriculture and https://www.tweed.nsw.gov.au/environment/agriculture-farming/agriculture-projects - accessed 19 November 2021

Clarence Valley Council Rural Lands Strategy – Background Paper

Including The Clarence Valley Food & Agribusiness Call to Action (May 2020) and Grow the Clarence (July 2020)

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Figure 8 17: Figure 7 Berry and Macadamia farming areas

Figure 17: Berry and macadamia hotspot map

Clarence Valley Council Rural Lands Strategy – Background Paper

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4.4

Creating community resilience

Linked to the above is the consequence of building greater community resilience within those located on rural lands. There has been

RELATED RURAL LANDS STRATEGY RECOMMENDATIONS Note: the recommendation numbers relate to those presented in the Rural Land Strategy document for ease of reference.

extensive work undertaken following the 2019/2020 bushfire season, as well as the preceding drought and post flood events.

Elevate the importance of rural lands within Council and

Council has developed a draft Disaster Resilience Framework (2021) and

the community

has been working on a range of recovery and resilience projects.

Recommendation 8: Establish an ‘Sustainable Agricultural Officer’ within

These broadly continue to highlight the importance of the agricultural

Council

industries of the region, and of the rural lands more broadly. As relevant to the Rural Lands Strategy, the Framework identifies: o

Establishing this position will enable Council to facilitate effective delivery of collaborative working opportunities across a range of

the major industries including tourism, agriculture and

industry, government and not-for-profit organisations.

fisheries are increasingly susceptible to natural hazards

Recommendation 10: Collaborate with Aboriginal communities on and

A strategy to empower primary producers to make informed

caring for country and planning for, and use of, rural lands

and sustainable investments to respond and adapt to the climate change induced natural disaster risk challenges

Recognising, and working with, the knowledge base Aboriginal communities have with rural land in the Clarence Valley will allow for

Connecting the outcomes of recovery and resilience planning to the

integration of cultural values with the ongoing use. In addition, better

outcomes of the Rural Lands Strategy is therefore important for both

utilising, managing and developing Aboriginal landholdings in the

consistency and to value-add to these in-depth processes.

interest of the Aboriginal community can improve cultural connection to the broader community.

Engage with government and industry to leverage support Recommendation 17: Provide a range of programs, training and education opportunities for rural landowners and the broader public The Clarence Valley has a proud agricultural history and is foundational across the LGA and Northern Rivers more broadly. Promoting this

Clarence Valley Council Rural Lands Strategy – Background Paper

Page | 60

through Council, and in collaboration with industry and others, can

Develop supporting infrastructure that enables

result in visitors and non-residents gaining a deeper appreciation of

opportunities

agriculture in the Clarence Valley that can improve rural and non-rural

Recommendation 22: Consider opportunities for, and where

collaboration. Through Council’s ‘Sustainable Agricultural Officer’, various opportunities are available to focus on increasing collaboration to improve agricultural productivity, sustainability and cultural connectedness.

viable develop an ‘Agricultural Hub’ to benefit a wide spectrum of rural activities An ‘Agricultural Hub” can be used as a home of agricultural in the Clarence Valley. It can be utilised to facilitate collaborative arrangements to create a supportive network of suppliers and producers to achieve greater outcomes.

YAMBA PRODUCE MARKETS

Clarence Valley Council Rural Lands Strategy – Background Paper

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Issue 5: Sustainable land management The sustainable management of rural land is critical for a range of reasons. Sustainable land management is a term that should be familiar to all rural land holders, whether for biodiversity reasons or to ensure the health of soils and waterways to protect future productive capacity or address a changing climate. In some instances, improvements to land management techniques have also been evolving for generations, ensuring long-term returns for farmers. With continuous improvement to techniques and technologies, there are however always further gains to be made. This section identifies a number of issues and opportunities to ensure that the Clarence Valley’s rural lands are able to be sustainability managed into the future including: o

Soil health and management, including carbon farming

Adaptation to climate change

Planning for and recovery from natural disasters

Secure water resources for the future

Biosecurity and weed management

Protection of biodiversity and scenic outlooks

Vegetation management

Mining and resource use

Ensuring sustainable land management practices provides for the long term future of rural lands for a variety of outcomes.

5.1

Soil health

Soil heath has been recognised as a key measure of productivity of rural lands. High quality soils are a key component of mapping important agricultural land, and the ongoing care for these soils is often linked to production quality and quantity. In more recent times, and as captured by Council’s LSPS, there are also trends towards regenerative agricultural techniques, especially to: increase carbon in soils to improve productive capacity, contribute to reducing atmospheric CO2, increase water holding capacity of soil so reducing drought impact and significantly reducing the effects of runoff and soil erosion on roads, bridges and other infrastructure. Regenerative agriculture is also integral to many of the current research and education processes being undertaken by (among others) Southern Cross University’s Farming Together Program & Regenerative Agriculture Alliance, Future Food Systems Cooperative Research Centre projects based in Coffs Harbour and soil carbon initiative through the Casino Food Co-op. With a range of soil heath research and programs operating in and around the region, there are opportunities to tap into leading practices into the future. Over and above the health and environmental benefits, there is also high potential for substantial financial benefits from such processes. Carbon farming and carbon sequestration initiatives would appear to hold great potential into the future. Various reports50 indicate the

See for example, https://www.abc.net.au/news/rural/2021-11-10/soil-solution-to-australias-netzero-climate-commitment/100592298 and https://www.theguardian.com/australia-

Clarence Valley Council Rural Lands Strategy – Background Paper

news/2021/oct/17/australian-first-farmer-mutual-aims-to-cut-out-carbon-farming-middleman accessed 17 November 2021

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potential for rapid change through new farming techniques, changes in

severe weather events are expected, with agriculture and fisheries

modelling regulation and market take-up of carbon farming as market

being increasingly susceptible to natural hazards.

entry become more readily available. This presents opportunities for benefits to both the environment and the farmer as supplementary incomes benefit landowners.

Potential climate change impacts associated with the region52 include increased risk of fire days in spring and summer, rising minimum and maximum temperatures and variation in historic rain fall patterns.

In addition, there are a number of agricultural uses that are moving

Increased frequency and severity of droughts, floods and storms will

away from the use of soils, instead relying on above ground substrate

be a challenge for many living on rural lands.

materials in the more controlled environment. This is becoming particularly present in the berry industry, where farms are becoming increasingly sophisticated with respect to crop protecting and management of the environment. This has seen a shift from open farms, to nets, tunnels and potentially into the future, glass-house style

The impacts of climate change are already being recognised and responded to by Clarence Valley Council and the community, particularly since the 2019/2020 bushfire season. From a land production perspective, key issues identified include:

climate-controlled environments.

an increasingly hotter and drier climate will mean less access to water than what currently exists

Considering existing agricultural uses are generally associated with

high quality soils, the continuing emergence of high intensity

threats to traditional agricultural practices and the ability to sustain certain enterprises

horticultural activities (which have associated high levels of

employment per hectare) is a trend that needs to be considered within

certain forms of agriculture may become more available and more suited to the changing climate of the LGA

the rural lands’ context and planning processes – i.e. agricultural productivity is not only about soil quality and protection of the RU1

Over the next 20 years, raising awareness and building a strong

Primary Production zone.

knowledge base about individual, community and government roles in

5.2

Adaptation to climate change

As identified in Issue 1 relating to the potential loss of agricultural land, climate change has the potential to have significant impacts on the

addressing climate change will be important in assisting communities develop resilience to these impacts.

5.3

Natural disasters

rural lands of the Clarence Valley. Council undertook a Climate Change

Parts of Clarence Valley’s rural lands are vulnerable to both flooding

Impact Assessment in 2021

and bushfires. Both of these have impacted the area in recent times,

that recognises more frequent and

with the 2019/2020 bushfires being particularly severe, with 59% of the

Clarence Valley Council Disaster Resilience Framework (2021)

Clarence Valley Council Rural Lands Strategy – Background Paper

North Coast Climate change snapshot – Adapt NSW 2014

Page | 63

entire LGA being burnt, as shown in Figure 19. These bushfires

Rural Fire Service, provides development standards for designing and

resulted in 848 properties being damaged / destroyed and ~80% of

building on bush fire prone land in NSW. The guidelines now include

harvestable forests being affected .

procedures for strategic planning in bushfire prone lands, as well as for

In more generally terms, where large areas native vegetation are not present, flooding tends to be the converse concern (i.e. agricultural areas on the floodplains). In this way, both flood and mapped bushfire prone land represents a significant portion of the land subject to the Rural Lands Strategy as shown in Figure 18.

development assessment. The guidelines suggest that for some specific locations that have significant fire history and are recognised as known fire paths, detailed analysis or plans should ‘provide for the exclusion of inappropriate development in bush fire prone areas’. Key issues identified in relation to hazards including the following:

One core issue in relation to rural land management that exacerbated

the extent of the recent bushfires was the mix of public and private

The risks of flooding and bushfire are important considerations when identifying potential areas for intensive

vegetated land. Large areas of rural land in the Clarence Valley

agriculture

borders National Parks, State Forest, Crown or Council reserves.

While not all flood areas have been modelled in the LGA,

Coordination between key agencies responsible for land management

development in flood affected areas needs to be subject to

surrounding rural land is a concern for many following the bushfires

appropriate floor levels or other mitigation measures to

and continues to be a key concern for ongoing land management

minimise flood impacts on property

moving forward.

should be considered in relation to any proposed rural

In addition, local knowledge within these agencies, and particularly

development to ensure that the proposed development is not

within Council and the RFS, is crucial in bushfire preparedness,

within a high hazard area.

response and recovery. Creating and improving local knowledge through farmer to farmer and farmer to Council connection is an opportunity to build this understanding. Being prepared for future extreme events as a consequence of a changing climate can assist in avoiding significant losses to stock, property and human life.

Bushfire hazard (including bushfire prone land mapping)

Council has also developed a Clarence Valley Disaster Dashboard 54 that provides emergency updates for a range of natural disasters including bushfire, floods, heatwaves and more.

Otherwise, land use planning for natural hazards is generally identified in the Clarence Valley LEP 2011 as well as the Clarence Valley Rural Zones DCP 2011. Planning for Bush Fire Protection 2019, developed by the NSW 53

Clarence Valley Regional Economic Development Strategy - Fire impact addendum (May 2020)

Clarence Valley Council Rural Lands Strategy – Background Paper

See https://emergency.clarence.nsw.gov.au/dashboard/overview accessed 23.11.21

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Figure 18: Areas subject to bushfire and flood risk Figure 18: Bushfire and Flood Prone land map

Clarence Valley Council Rural Lands Strategy – Background Paper

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Figure 19: Fire extent and severity - 2019/2020 season

Figure 19: Bushfire impacted land map

Clarence Valley Council Rural Lands Strategy – Background Paper

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5.4

Water security

The Clarence River catchment is a huge 22,716km2 being the largest river on the east coast of NSW and stretches from the Queensland border to the Doughboy Range in the south. It has one of the highest concentrations of marine industry businesses outside of Sydney and Newcastle and the river has a long history associated with agriculture55. Places along the lower Clarence, including Ulmarra, Brushgrove, Lawrence, Maclean, Harwood and Yamba have played an important role in the historic development of river transport. Yet the Clarence Valley also covers rural lands that are remote from any significant water sources, and/or have been subject to significant drought in recent years. Water security has therefore been a major concern for many farmers in the Clarence Valley and the extremes between drought and flood in the LGA mean that planning for agricultural activities is challenging. It is also notable that a large proportion of the Clarence River catchment comprises national park (20%) and state forest (30%), indicating that there are also large areas of the river not used for agriculture. Nonetheless, the main water user within the Clarence River catchment is beef cattle production, particularly on the upper Clarence, with sugarcane concentrated on the floodplain of the Lower Clarence.

Clarence Valley Local Strategic Planning Statement (2020)

See https://www.industry.nsw.gov.au/water/basins-catchments/snapshots/clarence accessed 02.11.21

See https://www.coffsharbour.nsw.gov.au/Resident-services/Water-and-sewer/Maintaining-aquality-water-supply/Regional-Water-Supply-Scheme accessed 02.11.2021

Clarence Valley Council Rural Lands Strategy – Background Paper

The 30,000 megalitre Shannon Creek Dam west of Coutts Crossing provides urban water supplies to both the Clarence Valley and Coffs Harbour regions as part of the $180 million Regional Water Supply Scheme57. Classified as an off-river storage reservoir, it sources water from the Nymboida River and is designed to be used during dry periods to provide water security. It also reduces the impact of water extraction from the Orara and Nymboida Rivers during low flows. In 2021, Council purchased the Nymboida Hydro Power Scheme and associated water licenses, also further securing domestic water supplies as part of the collaborative Regional Water Supply Scheme58. DPI has a Water Sharing Plan for the Clarence River Unregulated and Alluvial Water Sources which covers 52 water sources. The plan establishes rules for sharing water between environmental needs of the river or groundwater system and a range of extractive uses such as villages, domestic, stock watering and irrigation needs. Current records indicate that across the North Coast a total of 164,422 ML of water from surface and alluvial water sources is licensed for use across the region with nearly 50% of this volume is licensed from the surface and alluvial water sources within the Clarence River catchment. 59 As of July 2016, there are approximately 2,189 water licences in the Clarence River water sharing plan area, totalling 78,154 ML/yr of entitlement divided between unregulated surface water (76,135 ML/yr) and alluvial groundwater (2,019 ML/yr)60. The highest unregulated

See https://www.clarence.nsw.gov.au/News-articles/Nymboida-sale-secures-regions%E2%80%99water-supply accessed 23.11.21

See https://www.industry.nsw.gov.au/water/plans-programs/regional-water-strategies/publicexhibition/previously/north-coast accessed 09.11.2021

See https://www.industry.nsw.gov.au/__data/assets/pdf_file/0008/166841/clarencebackground.pdf accessed 09.11.2021

Page | 67

river entitlement is in the Mid Nymboida River (29,910ML/yr) with 99%

rights. This is captured in dams built on non-permanent minor

of this allocated for town water supplies. The majority of the

streams, hillsides and gullies, with the remaining run-off flowing into

unregulated surface water licences are located in the Mid Orara water

licensed dams and the local river systems. Water that is captured may

source. The Clarence water sharing plan does not permit the granting

only be used for domestic and stock use and extensive agriculture. This

of new unregulated river access licences and any new commercial

is a substantial increase in the extent of water capture available to

development must purchase entitlements from existing licence

eligible farmers and provides for substantial increase water security

holders. There are also over 450 licensed dams on the North Coast

during dry periods.

with the greatest number being in the Clarence catchment. DPIE - Water developed a Draft North Coast Regional Water Strategy that was exhibited in March 2021. The document identifies the overall water security risk in the Clarence Valley as being ‘Very Low’ in 2014, but was expected to increase to ‘High’ by 2040 (albeit still lower than

Further, the Water Management (General) Regulation 2018 allows sugar cane growers in the Clarence valley to use water from drains for irrigation without a licence during crop establishment, provided certain conditions are met62.

many of the surrounding LGAs). In response, the strategy outlines a

5.5

number of options that relate to the Clarence Valley. This includes:

Biosecurity risks can have wide ranging impacts on animal and human

Option 1: Expands the Clarence-Coffs Harbour Regional Water Supply Scheme

Option 4: Augment Shannon Creek Dam

Option 11: Increase use of recycled wastewater for intensive horticulture

These options, and the finalisation of the North Coast Regional Water Strategy more broadly, will need to be considered in the context of securing water for rural lands in the future. In addition, and particularly relevant to the rural context, from early 202261, landholders in coastal-draining catchments such as the Clarence River will be able to capture up to 30% (or three times the existing allowance) of the average regional rainwater as harvestable 61

See https://www.industry.nsw.gov.au/water/licensing-trade/landholder-rights/harvestable-rightsdams/increase accessed 23.11.2021

Clarence Valley Council Rural Lands Strategy – Background Paper

Biosecurity

health, food production, recreational opportunities and the broader economy. With respect to weeds, biosecurity in the Clarence Valley rural lands is managed under Council’s Biosecurity Policy 2021. The Policy outlines Council’s legal weed management obligations under the NSW Biosecurity Act 2015 as the Local Control Authority. The Policy is guided by LLS’s North Coast Regional Strategic Weed Management Plan 2017-2022 that outlines State and Regional Priority Weeds and the identification of priority weeds to be managed primarily by councils. This is undertaken through a combination of education programs, in conjunction with LLS and DPI, and compliance mechanisms where appropriate and in accordance with the adopted Biosecurity Policy 2021.

Refer Schedule 4 – 13 of the Water Management (General) Regulation 2018

Page | 68

One major biosecurity risk in the Clarence Valley is the

includes actions associated with pest animals, including an action to

mismanagement of rural land. One cause is the growing trend of rural

continue to work with LLS in the control of pest species such as wild dogs,

lifestylers that are unaware of their responsibilities for managing

foxes, feral cats, deer and wild horses through the Local Pest Predator

biosecurity on their land. While new landowners can bring benefits

Plans.

such as renewed enthusiasm and resources, there is also concern from those that spend little time actively maintaining their land. For example, rural lifestylers may reside in the urban areas and treat their rural property as a ‘holiday home’. An absence of continued management can lead to the proliferation of weeds that spread onto adjoining properties, parks, forests and reserves.63 Another biosecurity risk comes from the level of experience, time and resources (including cost) needed by a landowner to respond. Equipment, as well as herbicides and the like, can be expensive while the energy needed to invest in weed management can be intensive. Increased biosecurity risks can also be amplified from landowners who

5.6

Environmental and scenic protection

The Clarence Valley features some of the most diverse terrain on the east coast of NSW ranging from pristine unspoiled coastline to Gondwana World Heritage Rainforest. For public land, many of these areas are zoned C1 National Parks and Nature Reserve and managed by NPWS. This accounts for more than 21% or 225,000 hectares of all land in the Clarence Valley. Private land of environmental significance is generally zoned either C2 Environmental Conservation or C3 Environmental Management. The intent and objectives of these zones is outlined in Appendix A with the

don’t rely on the land for income and so don’t recognise the

C3 zone generally allowing greater land use flexibility than C2.

importance of weeds management for the health of the land or have

However, the extent of use of these zones is relatively low, with the C2

the appropriate experience to reduce risks early in an outbreak. Biosecurity was also raised by a number of stakeholders during consultation. Simple examples such as the sharing of equipment, particularly when shared from outside the region, was a further risk to crop health and production output. Working with industries to have simple and well-informed processes in place, and being educated on their use, was seen as key to mitigating biosecurity risks. Actions associated with biosecurity are identified in some detail

zone accounting for just over 0.5% or 6,000 hectares of all land in the Clarence Valley. The zone is applied infrequently, reserved primarily for land identified as coastal wetlands and littoral rainforest – for example larger areas around The Broadwater and Shark Creek. Land zoned C3 accounts for just over 5% or 53,000 hectares. Large parts of this land are located near Jackadgery / Cangai, Dalmorton / Newton Boyd and scattered around low lying areas of Gulmarrad – refer Figure 10 and Page 19 for details.

through the adopted Clarence Valley Biodiversity Strategy 2020. This also 63

See for example, Weed Detection and Control on Small Farms - A Guide for Owners - Brian Sindel & Michael Coleman (2010)

Clarence Valley Council Rural Lands Strategy – Background Paper

Page | 69

The application of these zones provides some insights about how land

appropriate environmental zone. Similarly, much of the Clarence River

requiring environmental or scenic protection is applied in the Clarence

and its tributaries are reported to be highly disturbed and have poor

Valley:

bank condition, both of which directly affect habitat condition and

Relatively small areas covered by the C2 and C3 zones could reflect the larger areas of environmental and protected land

planning controls being minimal.

already captured in the C1 National Parks and Nature Reserves

As an alternative to rezoning of land, there are also opportunities to

and RU3 Forestry zone (noting that around 50% of the FCNSW

use other LEP mechanisms to provide better protection or recognition

estate across the State is understood to be reserved for

to these areas. For example, Council may consider the use of local

permanent protection ). Together these two zones cover 21%

provisions and associated mapping within the Clarence Valley LEP that

and 20% of the Clarence Valley respectively.

addresses terrestrial biodiversity, riparian corridors, biodiversity,

The RU2 Rural Landscape zone is used as a default scenic

cultural and scenic values to ensure that these areas can continue to

protection zone (consistent with the intent of the zone from a

be protected without rezoning. Examples of these types of local

State planning perspective) rather than the C3 Environmental

clauses are typically found in the more recently adopted planning

Management zone that is sometimes be used for this purpose

instruments such as the Coffs Harbour LEP 2013, Lake Macquarie LEP

by other Council’s.

2014 and Shoalhaven LEP 2014.

extent of biodiversity65, with protections under Council’s current

Whilst the use of the C2 and C3 zones is relatively low, there is opportunity to further explore lands with strong environmental attributes that may be captured in an environmental protection zone in the future. Examples could include lands that are already, or proposed to be, covered by in perpetuity conservation agreements, biodiversity offsets in perpetuity, or similar arrangements. Consistent with Council’s adopted Biodiversity Strategy 2020-2025, there is also potential in conjunction with DPIE – BCD, to better identify strategically important biodiversity corridors for inclusion in a more

Pers Comm Peter Walters | Protection Supervisor – Far North Coast, Forestry Corporation of NSW (August 2021)

Ryder, D. et al. Clarence Catchment Ecohealth Project: Assessment of River and Estuarine Condition 2014. Final Technical Report. University of New England, Armidale. (2014)

Clarence Valley Council Rural Lands Strategy – Background Paper

5.7

Vegetation management

As outlined in the previous section, a large portion of remnant native vegetation is protected in various areas of public land within the Clarence Valley, including extensive National Parks and State Forests. However, large areas of native vegetation are also located on private land and excessive clearing on these lands can fragment habitats and degrade corridors within the landscape. Between 2009-2019, and not including loss by bushfire, the Clarence Valley LGA has the highest vegetation loss in the North Coast region66 66

North Coast Region State of the Environment Report Working Group. Regional State of the Environment Report Summary 2020 – (October 2021)

Page | 70

estimated as between 16,000 and 18,000 hectares. The same report

Recent actions have included writing to State and Federal governments

raises questions with respect to approval of Private Native Forestry

seeking an amendment to the Petroleum (Onshore) Act 1991 (NSW) to

(PNF). The Clarence Valley has the highest levels of approvals in this

make risks or harm to prime agricultural farmland and rural residential

area based on data from 2007 to 2015, and typically being 50% or

areas grounds for suspension or cancellation of a petroleum title.

more of the approvals across the region from Port Macquarie to the Queensland border. Further consideration of PNF is provided in Section 6.3. Clearing of native vegetation on rural land is generally legislated by the Local Land Services Act 2013 and the Biodiversity Conservation Act 2016. LLS assess and approves the clearing of native vegetation (and PNF) which depends on the purpose, nature, location and extent of the proposed removal. However, the Department of Planning, Industry & Environment are the responsible authority for the clearing of native vegetation and consultation with DPIE identified the Clarence Valley as a current and future ‘hotspot’ for illegal vegetation clearing - with a

Three other councils (Glen Innes, Bellingen and Byron) have since resolved to support this position as of October 2021. Ultimately, the decision of whether mining and exploratory license will occur in the Clarence Valley is made by the State Government. Council has indicated that they will continue to uphold its opposition to both current and future mining activities in the Clarence River catchment. RELATED RURAL LANDS STRATEGY RECOMMENDATIONS Note: the recommendation numbers relate to those presented in the Rural Land Strategy document for ease of reference.

large number of active cases under investigation at the time of consultation. Given LLS manage approvals for native vegetation on rural lands and DPIE undertake enforcement, Council’s role in this space may be predominantly related to co-ordination, education and land use planning mechanisms.

5.8

Mining

From December 2014, and again in November 2020, April 2021 and June 2021, Clarence Valley Council has taken a strong position against mining within the LGA. This includes mining and exploration licences within the Clarence River catchment, and previously around coal seam

Facilitate effective land use planning for rural areas Recommendation 3: Review the zoning of rural lands that have strong environmental attributes or form part of strategically important biodiversity corridors Applying appropriate environmental zones is key to ensure land with strong environmental attributes is managed sustainably. Alternatively, if rezoning is not preferred, a local provision for terrestrial biodiversity, riparian land and watercourses or similar map be considered alongside associated mapping.

gas (CSG).

Clarence Valley Council Rural Lands Strategy – Background Paper

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Recommendation 7: Reinforce existing DCP controls for protection of

Through Council’s ‘Sustainable Agricultural Officer’, and in conjunction

biodiversity and environmental outcomes through review of buffers and

with government and industry various opportunities within natural

related provisions

disasters, climate change, biosecurity risks, regenerative agriculture,

Analysing, and amending where required, current DCP controls with respect to protecting biodiversity and environmental outcomes will

sustainable farming and production methods and land management techniques can be driven.

reinforce biodiversity protections and ensure reduce impacts from

Recommendation 19: Collaboratively work to ensure appropriate bushfire

adjoining intensive agricultural uses.

land management across the Clarence Valley Ensuring effective management of rural land in preparation of a

Elevate the importance of rural lands within Council and

bushfire requires a cross-agency and multi-cultural approach both in

the community

terms to management practices and communications to rural

Recommendation 9: Update, maintain and promote Council’s website and associated data as a key resource for rural lands Education and providing resources online in relation sustainable land

landowners. Recommendation 20: Facilitate ongoing equitable access and use of water resources

management can cover a broad range of issues in a relatively succinct

In conjunction with DPI, DPIE - Water and NRAR, Council will continue

space. Key resources could include establishing an ‘Agricultural

to monitor and respond to issues to facilitate ongoing equitable access

Section’ of Council’s website and continually updating Council’s

and use of water resources within the Clarence Valley, particularly

Disaster Dashboard, flood information on the public Intramaps,

licencing and including the impacts of changes to water harvesting

bushfire prone land mapping and information related to vegetation

rights.

clearing.

Recommendation 21: Lobby government to remove existing, and prohibit new, mining or exploratory licences Engage with government and industry to leverage support

Recommendation 17: Provide a range of programs, training and education

Mining can have a significant impact on agricultural practices and the environment of the Clarence Valley. Lobbying of government will occur in alignment with Council resolutions.

opportunities for rural landowners and the broader public

Clarence Valley Council Rural Lands Strategy – Background Paper

Page | 72

Issue 6: Supporting emerging industries Councils recently adopted Local Strategic Planning Statement 2020 and

Considerations are also identified relating to how to support and grow

the earlier Clarence Valley Regional Economic Development Strategy 2018

these opportunities into the future.

– 2022 set out directions to grow the agricultural sector, being identified as an “engine of growth” across the region. Key to this

6.1

Intensive plant agriculture

growth is to support not only the existing industries that are the

The North Coast Regional Strategy 2036 identifies through Direction 6

present, but to identify emerging and growing industries to ensure that

the opportunity to develop successful centres of employment –

they are able to continue to meet sustainable market needs.

including potential for food production and agribusiness. This precinct

With the LGA being relatively contained with natural breaks provided by National Parks / Conservation areas to the north south and west, this may mean building on those agricultural industries which have already sprouted, such as berries or nuts. Similarly, there may be opportunities through diversification through existing industries, such as sugarcane, apiary, or forestry. However, emerging industries within the rural lands context also extend beyond agriculture. There are trends within tourism, recreation and environmental fields that may also warrant further consideration as emerging industries over the life of the Strategy. This section identifies a number of these emerging industries including: o

or hub style approach can assist to facilitate industry development, creating a critical mass for infrastructure, supply chains and the like. Whilst this has arguably been the case for industries such as sugarcane for many years, there is increasing pressure to drive greater efficiencies from existing rural lands through more intensive forms of production. Most predominantly, this is being pushed through the increase in protected cropping, with low to high levels of climate control being developed. In the Clarence Valley, this is already seen within the berry industry, moving from open farms to nets and now increasingly to more sophisticated above ground systems including ‘tunnels’ and basic levels of climate controlled farming.

Intensive plant agriculture including existing and emerging

The 2017 Regional Development Australia Northern Rivers NSW

opportunities

Blueberry Industry Business Barriers Review: NSW Northern Rivers

Opportunities to tap into diversification and support for

highlights Clarence Valley as one of the production areas between the

existing industries

main hub of Woolgoolga and the smaller farms in the Richmond Valley.

Diversified use of rural lands in areas such as recreation and

The report identified several large farms (e.g. Golden Eagle) being

tourism

newly established or planned on “under-utilised grazing properties”.

Working with smaller land holdings to create productive outcomes.

Clarence Valley Council Rural Lands Strategy – Background Paper

Protected cropping is identified as the fastest growing food-producing sector in Australia, with annual growth rates averaging more than 60%

Page | 73

over the past five years67. During consultation for this project, DPI

sugarcane and forestry industries that continue to be major employers

identified that within NSW, 40% of intensive cropping projects are

in the region and who are regularly exploring new and improved

occurring on the North Coast, with further increases expected in the

opportunities for diversification. The macadamia industry is another

near foreseeable future. With opportunities likely to exist for growth in

that is rapidly growing from the north-eastern part of the LGA and the

protected cropping generally, and acknowledging that protected

apiary industry has significant potential given the symbiotic

cropping does not require high quality soils (i.e. not requiring land

relationship it has with horticulture.

zones as RU1 Primary Production), there may be potential to establish a protected cropping precinct that, in conjunction with supportive policies and advocacy, addresses: o

Within forestry, there are already a number of major employers in the local area, including: o

Planning controls to minimise land use conflict, visual amenity

and environmental impacts o

Access to water and supply chain infrastructure

Access to labour markets.

Harvest & haulage contractors

Greensill Bros

Customers/processing -

Big River Timbers

Koppers

This form of precinct development has a chequered past in the

J Notarus & Sons

Clarence Valley, with the failure of the “Johnson Farm Management”

Boral / Allied Natural Wood Enterprises

scheme / stonefruit horticultural development near Lanitza in the

Hensons

1980’s. Nonetheless, with changing technologies and more sophisticated planning and land management controls, combined with the existing supply chains and directions of the berry industry (particularly should export opportunities be realised), there may be future potential in this form of dedicated precinct subject to further and detailed investigations.

6.2

Other emerging & diversifying industries

The recent sale the Boral processing facility to Allied Natural Wood Enterprises and the current market / increasing technology within forestry products has highlighted the potential for growth. This was a position that was identified by Forestry NSW during consultation who are seeing increasing innovation and value of their timber-based bioproducts “from engineered laminated wood, to bio-based products used in materials such as batteries and concrete”68.

Consultation with various industry groups has also identified other emerging industry sectors, particularly in relation to the diversification and growth of existing participants. Examples of these include the 67

Protected Cropping Australia - Growing Protected Cropping in Australia to 2030 (January 2020)

Clarence Valley Council Rural Lands Strategy – Background Paper

Pers Comm Peter Walters | Protection Supervisor – Far North Coast, Forestry Corporation of NSW (August 2021)

Page | 74

Within the Clarence Valley, Forestry NSW manage almost 200,000ha of State Forest (~10% of the state-wide estate), comprised of: o

Native Forest – 96%

Hardwood plantation – 3%

Softwood plantation – 1%

Direct employment estimates suggest around 350 people are employed in the industry in the Clarence Valley. Over the longer-term, Forestry NSW further identify the opportunity to increase the extent of hardwood plantations, subject to improved haulage access to and from plantation nodes (existing hardwood plantation nodes are generally highlighted in dark green in Figure 20 overleaf). These areas, by hectare, provide a far higher yield than native forests, creating a more sustainable / renewable resource by having a lower footprint whilst still providing opportunity for growth and diversification of timber products. In terms of private native forestry (PNF), the DPI NSW planning and regulatory instruments that interact with private native forestry 2018 report published in June 2018 indicates that the Clarence Valley has the most private native forest on the North Coast (more than 340,000 hectares). On average, the Clarence Valley also had the largest areas of PNF approvals on the North Coast and account for approximately half of all North Coast PNF approvals in terms of area (between 2009 and 2015 when records were made available from LLS)69.

Figure 20: Forestry Corporation estate map (plantation nodes circled) Under the Clarence Valley LEP 2011, forestry is permitted without consent in the RU1, RU2 and RU3 zone, requires consent in the C3 zone

North Coast Region State of the Environment Report Working Group. Regional State of the Environment Report Summary 2020 – (October 2021)

Clarence Valley Council Rural Lands Strategy – Background Paper

Page | 75

and is prohibited in C2 zone. Harvesting timber for the purposes of

Trends within macadamia nuts (and potentially other nuts, such as

PNF does however require approval through a PNF Plan, which aims to

pecans) have seen extensive growth in the northern part of the LGA

ensure that ecologically sustainable forest management is

with estimates from DPI suggesting that there are now around 2,000ha

implemented and measures are put in place to mitigate impacts on

of trees (compared to around 10,000ha of sugarcane, around half of

plants, animals, soil and water .

which is cultivated each year). This is particularly impacting on

A PNF Plan is an agreement between a landholder and LLS and activities must then occur in accordance with the Plan and the minimum operating standards set out in the PNF Codes of Practice. The Environment Protection Authority is responsible for monitoring and compliance with the PNF Plan and relevant PNF Code of Practice. Given the scale of forestry land in the area, there is a significant support industry that has established within Grafton and surrounds that has been a major economic driver over a number of decades. Council can play an important role in facilitation and education regarding sustainable forestry operations on over the longer term in conjunction with Forestry Corp and LLS. Within the sugarcane sector, consultation with the industry has indicated that they have a strong history in developing diversified uses and by-products to minimise waste and maximise economic sustainability. However, this process is also recognised as being ongoing with expansion and development of new product offerings through emerging technologies and continual improvement. This has been ongoing for a number of years and further opportunities are being investigated.

See https://www.epa.nsw.gov.au/your-environment/native-forestry/about-private-native-forestry accessed 24.11.21

Clarence Valley Council Rural Lands Strategy – Background Paper

traditional sugarcane growing areas given that they are generally able to utilise the same land, with current markets suggesting macadamia farms can earn significantly higher revenue from smaller footprints71. This is the converse of sugarcane trends, with larger farms being progressively needed to sustain historic returns. That said, the long-term value and returns of macadamia growth is not entirely clear within the Clarence, with crops not possible for 4 - 5 years and tree maturity not being reached for more than 10. As a predominantly export industry, growth potential remains high, albeit with some risks. In terms of apiary activities, industry has indicated that there are already close to 50,000 bees already pollinating across public and private rural lands in the Clarence Valley. In conjunction with forecast horticultural growth, industry expects this proportionally grow to maintain demand for pollination services. The symbiotic relationship between bees and food production is continued to be recognised by the horticulture industry. However, consultation with the apiary industry for this project has highlighted that a key challenge for beekeeping stems from the ability to host hive sites and that the removal of apiary site tenure undermines the stability of local

Pers comm - Jeremy Bright, Macadamia Development Officer - NSW DPI, July 2021

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beekeeping businesses.72 Limited apiary sites on public rural land,

agricultural productivity, the environment or existing or future

changing site ownership and lack of cross-agency communication have

communities, consistent with Council’s adopted LSPS.

been identified as major challenges that impact the ability to host hives. In the Clarence Valley, the majority of beehives are hosted on private land, National Park or Forestry estate and industry has indicated that licenced sites in these areas are already being utilised at or near capacity. There may therefore be potential for Council, in conjunction with other agencies, to play a role in collaboratively identifying ways to enhance licenced site opportunities within Council and other public land locations. It is also acknowledged that over the life of the Strategy the renewable energy sector has potential for substantial growth within the Clarence Valley. For example, large-scale solar farm proposals have recently

6.3

Recreation and other rural land activities

Much of the rural land in the Clarence Valley contains, or is located adjacent to, nationally recognised recreation activities including white water rafting, mountain biking, bushwalking and pristine beaches. Camping and bush walking are popular pastimes with many of these activities occurring on both public and private rural land. The provision of camping grounds, caravan parks, bed and breakfast accommodations, eco-tourist facilities and farm stay accommodation that often provide a hub for non-agricultural and recreational pursuits is permitted in the majority of private rural land in the Clarence Valley (albeit some of these are more restricted on RU1 and C2 zoned land).

been investigated by the private sector and at least one development

Further, public land zoned RU3 Forestry managed by the Forestry

proposal has been submitted to the State Government.

Corporation is often utilised for recreation purposes such as camping,

These large-scale proposals are defined as “electricity generating works” and are not permitted within the RU1 or RU2 zones under Council’s LEP. However, Clause 20 of Schedule 1 of the State and

bushwalking and mountain biking in a number of areas in the Clarence Valley. This land covers an approximately 20% or around 200,000 hectares of the Clarence Valley.

Regional Development SEPP states that such development (more than

The ability of those living on appropriately zoned rural lands to provide

$30 million) are classified as State Significant Development and may be

infrastructure that supports recreation and other complimentary

approved by the State.

activities in the Clarence Valley is generally accepted. Allowing

Such development should be discouraged from RU1 land given that they are not agricultural uses. Where located on RU2 land, such development may be supported where they do not impact on

recreation areas is a significant source of income for some rural land holders providing tourism and event opportunities. This is evidenced by the outcomes of the initial Rural Lands Strategy project survey, where a range of recreation, adventure and wellness activities were

NSW Apiarists’ Association Position Paper – Apiary Sites on Public Land, (Revised edition February 2020)

Clarence Valley Council Rural Lands Strategy – Background Paper

Page | 77

well supported (see details at Question 17 at Appendix B).

establishes key directions to reinforce and continue the work of the

Accommodating people on rural lands was also highly supported and

original documents.

is discussed in the next section.

Council’s Economic Development team are already heavily involved

It should also be noted that many formalised public recreation areas

within this space, with a current focus on creating a “Hinterland

(e.g. parks and sportsgrounds) are zoned RE1 Public Recreation and

Cluster” of tourism operators through upskilling opportunities,

private recreation areas (e.g. golf courses) are zoned RE2 Private

networking and workshop events. These include workshops on:

Recreation, and these zones are not applicable to Rural Lands Strategy project.

6.4

Experience development - turning products into experiences

What makes a memorable experience? Identifying and

Rural tourism

Clarence Valley’s rural tourism offerings are underpinned by the LGA’s natural assets such as the variety of National Parks and waterbodies including:

communicating standout experiences o

Commissionable product development and becoming internationally ready

Customer journey mapping & customer touch points

The program is targeted to river tourism operators, accommodation

Washpool National Park

Chaelundi National Park

Nymbodia National Park

Yuraygir National Park

These can build on established tourism markets, or assist in

Bundjalung National Park

establishing emerging opportunities, to broaden the tourism market in

Boyd River

areas such as nature-based events and activities. These types of

Mann River

activities are typically well supported in the outcomes of initial project

Clarence River

surveys – provided that they are well planned and avoid land use

Orara River

conflicts. In particular, with attractive rural areas and small towns

The Clarence Valley Regional Economic Development Strategy 2018 – 2022 outlines tourism as a key ‘engine of growth’ and to develop the region’s

providers, tour guides, adventure tourism and small tourism business operators.

there are opportunities to explore: o

experiences/attractions

key tourism attractions and precincts. The Strategy highlights leveraging the Clarence Valley’s nature-based tourism experience on the river and hinterland. This is further reinforced by the recently

increasing the number and scale of nature-based

agri-tourism such as farm stays and farm gate sales that emphasise local produce and boutique enterprises

“renewed” The Clarence - Riverway Master Plan II (July 2021) which

Clarence Valley Council Rural Lands Strategy – Background Paper

Page | 78

rural accommodation including bed and breakfasts and

the current (October 2021) extent of Airbnb short stay accommodation

glamping to cater for broader tourism markets.

in rural areas (urban listings have been removed) are more limited

The Destination North Coast’s North Coast Destination Management Plan identifies in Strategic Priority 4: Tourism Product and Experience Development the link between rural land and agriculture to tourism opportunities through key actions including: o

Action 4.3 - Develop a five-year North Coast Nature-based Tourism Development Strategy to identify opportunities and strategies to coordinate and encourage nature-based tourism product and experience development across the North Coast in collaboration with NPWS & Forestry

Action 4.4 - Work with local food groups and the DNSW Food and Wine Specialist, and the private sector to identify, create and promote new and existing food/beverage/produce trails to

away from the main centres of Grafton and Yamba / Iluka. It does however highlight the distribution of listings along the route to the west of Grafton and often in association with the Clarence River. Enabling these types of accommodation opportunities in areas and situations that do not conflict with core primary production land is important to the diversification of farm use. Supporting and encouraging investment in a range of tourism activities adds value to farming activities in providing alternative sand supplementary incomes, diversifying the tourism offering of the LGA, and increasing the returns attributable to the land. It is important however that the competing demands of tourism development, ensuring the productivity of agricultural land and implications for infrastructure needs (e.g. access roads) are balanced appropriately through the planning system.

connect visitors to North Coast food, beverage and agri-

It is also noted that the DPIE - Planning is undertaking reforms related

tourism experiences and advocate on policy issues that are

to agri-tourism. New definitions for farm stay accommodation, farm

constraining the sector

experience premises and farm gate premises are proposed within a draft

Council’s current programs and promotion of nature-based tourism activities, such as on myclarencevalley.com, can tie in and leverage key actions from Destination North Coast’s Destination Management Plan to fully realise nature-based tourism opportunities. Consultation with

Standard Instrument Amendment Order (November 2021) to broaden the extent of uses within rural areas that have a relationship to agricultural activities. Monitoring and maintaining consistency with these rural tourism related changes will therefore be imperative.

Transport for NSW highlighted that road access and safety considerations, particularly on State roads, but all Council, was an issue that may need to be carefully considered in this type of environment. Over time, there is also likely to be an increase in short-stay or camping style accommodation on a range of rural lands. As shown in Figure 21,

Clarence Valley Council Rural Lands Strategy – Background Paper

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Figure 21: Indicative intensity of existing Airbnb accommodation

Figure 21: Short Stay Accommodation Heat Map

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6.5

Small farm productivity

Table 3: Lots below the minimum lot size

As discussed in earlier sections relating to land use conflicts and loss of agricultural land, there is recognition that the rural lands of the Clarence Valley have a broad range of landholder types and property sizes. Many landholdings are smaller in size and have more limited productive capacity compared with larger farms, with many of these

Zone RU1 Primary Production

often being used for rural living rather than productive uses. The number of scale of landholdings within the Clarence Valley are highlighted in Table 2.

RU2 Rural Landscape

Table 2: Landholdings by size and zone

Min Lot Size (MLS)

Total lots

Under MLS (#)

Under MLS (%)

40ha

3,014

2,858

95%

100ha

951

729

76%

200 ha

100%

9 ha

224

120

53%

35 ha

48%

Land holdings (#)

Ave. Size (ha)

Median Size (ha)

40 ha

6,543

4,603

70%

100 ha

1,292

960

74%

RU1 Primary Production

1,667

200 ha

97%

RU2 Rural Landscape

3,567

40 ha

115

43%

100 ha

409

209

51%

RU3 Rural Forestry

739

387

40 ha

344

328

95%

C2 Environmental Conservation

146

4.8

100 ha

100%

C3 Environmental Management

385

108

5.9

40 ha

300

225

75%

100 ha

273

271

99%

150 ha

399

324

81%

200 ha

93%

Zone

These outcomes again highlight the relative size of each zone, including

RU3 Forestry

C2 Environmental Conservation C3 Environmental Management

the large scale of forestry holdings. The median size of holdings in both the RU1 and RU2 zones are relatively low, with many lots (noting that a number of lots will typically comprise a rural land holding) being

Note: Only showing MLS areas with at least 10 lots to remove anomalies.

well below the applicable minimum lots size (MLS) as outlined in

Some ‘lots’ are actually part of a lot where more than one zoning and/or

Table 3.

MLS is prescribed.

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Whilst the proportion of lots below the MLS is high in many areas, the

related to establishing localised and ongoing co-ordination, as well as

current restriction imposed by Clause 4.2B - Erection of dwelling houses

in some instances, the availability of funding.

and dual occupancies on land in certain rural, residential and environmental protection zones – means that there may be more limited dwelling entitlements on these lands in the future. Should future entitlements be required, lot consolidation would be required.

Examples of these organisations including Clarence Valley Food Inc, Young Farmers, various programs operated by Southern Cross University, as well as programs previously run by LLS. The Local Land Services – North Coast Local Strategic Plan 2016-2021 is currently under

As shown in Figure 22 and Figure 23 (see pages 84 and 85) for zones

review and renewal, and along with the Local Land Services State

RU1 and RU 2 respectively, the distribution of holding sizes

Strategic Plan 2020-2030, provides opportunities to re-establish

predominantly highlights the larger and more extensive farming areas

programs that may assist in establishing new opportunities for the

to the west of the LGA (typically associated with grazing), with smaller

Clarence Valley.

holdings typically being located in the eastern portion of the LGA where cropping is undertaken. This is also generally consistent with

RELATED RURAL LANDS STRATEGY RECOMMENDATIONS

the distribution of MLS requirements.

Note: the recommendation numbers relate to those presented in the Rural Land

In any event, whilst smaller farms on rural lands are unlikely to have a

Strategy document for ease of reference.

viable standalone business, it is important that small landholdings are able to participate in and where possible generate returns (monetary,

Elevate the importance of rural lands within Council and

agricultural or environmental) from the land. This assists in ensuring

the community

active land management, reduces environmental impacts or biosecurity issues associated with weeds and ultimately can provide economic gains for both the landholder and the broader Clarence Valley economy. There is a broad range of organisations, both government and not-forprofit, that work within this space, engaging with landholders to actively manage their land. Within the context of the Clarence Valley, a

Recommendation 14: Develop ‘Emerging Industry Strategies’ to further develop and lead Council’s proactive involvement in key growth sectors A number of sectors in the Clarence Valley are emerging or have potential for further development, including forestry (and associated flow-on industries), macadamias, protected cropping and apiary activities. Planning for these industries can facilitate their long-term prosperity and increase benefits to the broader economy.

number of organisations engaged in the initial stages of the strategy development indicate an interest and willingness to be more involved in the Sector in the Clarence Valley. However, this involvement is often

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Engage with government and industry to leverage

Develop supporting infrastructure that enables

support

opportunities

Recommendation 17: Provide a range of programs, training and education opportunities for rural landowners and the broader public A number of programs would apply to this issue, including the promotion of the benefits of productively utilising rural land to ensure maximum productivity from recognised farmland areas. Education around rural tourism and diversification opportunities would also be applicable.

Recommendation 23: Establish a basis for industry specific and shared infrastructure opportunities Depending on the outcome of any future ‘Emerging Industry Strategies’ as part of Recommendation 11 , there may be opportunities to collaboratively coordinate shared infrastructure that can assist industry specific productivity.

Recommendation 18: Strengthen opportunities for rural tourism and recreation Rural land in the Clarence Valley has some of the most diverse tourism opportunities in the region. Leveraging these through collaborating with tourism agencies with can result in a stronger engagement with rural lands more generally with added economic benefits to these communities. Public land in rural area in the Clarence Valley also accommodates a wide range of recreation opportunities. Increasing the availability of these by working with other public land managers can create local lifestyle benefits through regular engagement with rural lands.

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Figure 22: Rural holdings by size RU1 Primary Production Zone

Figure 22: Land holdings by size in the RU1 Zone

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Figure 23: Rural holdings by size RU2 Rural Landscape Zone

Figure 23: Land holdings by size in the RU2 Zone

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Issue 7: Infrastructure development Several aspects of rural land, agriculture and rural lifestyles have significant private and public infrastructure needs. Servicing and providing access to and around rural areas can be extremely expensive and infrastructure provision therefore needs to be carefully considered.

7.1

Supply chain infrastructure

Consultation undertaken for this Background Paper suggests that supply chains are generally well catered for within many of the more established, mature and higher value industries, such sugarcane and beef cattle. That said, the Clarence Valley Economic Recovery Strategy

Nonetheless, carefully planned and considered infrastructure can

(2021) does identify the opportunity for reviews in these areas, and

create significant growth in the rural economy, provide greater access

over time improvements to existing supply chains will be required.

to important services and accelerate the advancement of emerging

This may include upgrades to sales yards or replacement of bridges

industries. Examples as discussed further below will include

along key access routes and the like. Ongoing engagement with these

supply chain infrastructure, particularly road networks including bridges and weight limits

mature industries will be important to identify and plan for supply chain improvements.

drainage and flood mitigation infrastructure

Many of these are also highlighted in Council’s LSPS (2020). For

other infrastructure including workers accommodation,

example, Planning Priority 7 states “Co-ordinate local and state funded

emergency management infrastructure, environmental and

infrastructure delivery with land use planning”, which provides direction

recreational infrastructure, as well as social infrastructure that

for the efficient use of infrastructure provision, including key roads and

benefits rural communities

transport connections that support rural lands. The project priority of

This section pays particular attention to public infrastructure and opportunities for Council, in conjunction with other government and industry, to plan for future infrastructure improvements. For reference, many of the existing key rural infrastructure and facilities

“Support and grow the agricultural sector” and particularly the references to “facilitate improvements in the supply chain to support economic growth, food security, primary producers and the agri-food sector” is also captured here.

are presented at Figure 24.

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Figure 24: Existing rural facilities and infrastructure

Figure 24: Rural infrastructure and facilities

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The From Roots to Routes Strategy (2019) by RDA Northern Rivers

The Clarence Valley Economic Recovery Strategy (2021) also identifies the

outlines freight and supply chain planning for the Northern Rivers. It

development of a “program business case for completing Armidale Road

highlights that a number of opportunities that exists within the

bridge replacements & associated works to increase regional resilience,

Clarence Valley. This includes the creation of shuttle rail services from

connectivity & productivity”.

Intermodal facilities such as Grafton to run directly to the Northern Rivers to the Port of Brisbane to reduce freight costs, greater connection with larger airports from Grafton and additional B-double routes through the Summerland Way.

Bridges form a major part of the road network. Some of the older bridges, mainly of timber construction, were not designed to cater for high volumes, heavy trucks and vehicle speeds of today. Outdated infrastructure like this is particularly problematic in areas such as

Significant improvement in supply connectivity to the major population

forestry hardwood plantation hubs and for ongoing growth of the

base of South-East Queensland has recently been achieved through

blueberry industry73, where intensive use of roads needs to be

the upgraded Pacific Highway. This also presents potential new and

matched to infrastructure investment.

emerging opportunities, such as international freight movement from the Gold Coast and Toowoomba Wellcamp airports. More locally, the existing Grafton Airport and connections to Coffs Harbour Airport also means that air services are relatively well catered for. At the local level however, there are a number of potential improvements that are identified through initial research and consultation. Some of these are identified by the Clarence Valley Food Inc’s The Clarence Valley food & agribusiness call to action and Grow the Clarence bushfire industry package submission documents dated May and July 2020 such as:

Major road corridors such as the Gwydir Highway, Pacific Highway, Armidale Road and Summerland Way all provide access to various markets and supply chains. The North Coast railway line is also very important for the movement of produce and bulk items from the LGA to export locations. The common touch point for these routes is Grafton. This suggests that the area would be potentially well located as a freight hub, with the Clarence Valley Economic Recovery Strategy (2021) highlighting the need to undertake a detailed North Coast supply chain analysis to identify potential high-yield industries that could be relocated in the

Centralised food cold storage facility and distribution centre

Clarence Valley to improve productivity and local opportunities. This

Regional wholesale marketplace and food hub

would also benefit agricultural and forestry markets, where further

Upgrade of Grafton regional saleyards (currently underway)

investment may be required to facilitate growth in those industries.

Mobile abattoir and processing facility

This is further emphasised in the Australian Farm Institute report Stronger Ag, Stronger Regions (2021) that outlines “Connectivity,

See Regional Development Australia Northern Rivers NSW - Blueberry Industry Business Barriers Review: NSW Northern Rivers (2017)

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Infrastructure and Workforce” as the three themes that unpins

Council recognises this issue and has developed and recently adopted

successful agriculture.

a Clarence River Structural Mitigation Works Review (June 2021) that

7.2

Drainage and flood mitigation

The Clarence Valley LGA is frequently subject to flooding with over 120 floods recorded since records began in 1839. With the Clarence River being Australia’s second largest river and with the majority of townships in the LGA located near or on a its tributaries, the impacts of flooding are felt throughout the LGA. However, the wide-ranging flooding impact of the Clarence Valley is also a great strength with some of most productive agricultural land located within the floodplain. As such, a number of rural industries, agricultural infrastructure and properties are situated within the flood plain, as previously shown in Figure 12 on page 38. Infrastructure planning in flood affected areas is important in two predominant ways: o

providing infrastructure to mitigate flooding impacts as far as possible to protect life and property, such as levees

providing Infrastructure associated with more regular, but lower scale rainfall events, where drainage is more critical.

A number of industries in the Clarence Valley are only viable from their

provides a prioritised ranking of 33 flood mitigation schemes. Together these schemes see Council being responsible for operating and maintaining assets comprising: o

110km of levees

In excess of 500 flood gates

Approximately 250 drainage channels

50 farm drain bridges

18km of bank protection

The outcomes of the Structural Mitigation Works Review preferences urban areas due to the proximity of property and residents (lives), but also recognises the importance of rural land benefits. A Drain and Floodgate Maintenance Procedure is also adopted by Council, with LEP provisions providing for on farm drain maintenance by farmers, particularly in relation to acid sulfate soils (Clause 7.1). These arrangements become complicated within the drainage / flood scheme systems, with ownership and responsibilities for infrastructure provision and maintenance changing through downstream process – from on farm activities to mitigation schemes on private land, to flood gates and sluices prior to outlets to river and creek systems. The

ability to access land within the floodplain. Without adequate

complexity of approvals is further discussed under Issue 8.

infrastructure, such as drainage and bridges, that can address flooding

Council’s maintenance of drainage and floodplain assets is limited by

impacts, the productivity of industries decline. Alternatively, it is also acknowledged that ‘hard’ measures are not always the only options, with more natural system measures also being possible (see Clarence River Floodplain Prioritisation Study comments further below).

available funding. Staff advise that annual grant maintenance allocations from the State Government have remained fixed for many years, meaning that the ability to facilitate timely maintenance has become gradually more and more difficult. This will become further exacerbated by sea levels rise, associated salinity and increasing flood

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frequency as a consequence of climate change (see Issue 1.4 for

(particularly that the land contains as existing dwelling and must be on

further comments).

the same land as the agricultural / rural activity).

In addition, the Clarence River Floodplain Prioritisation Study conducted

Rural worker’s accommodation is particularly sought after in seasonal

by the UNSW Water Research Laboratory outlines where the greatest

industries such as blueberries. In the context of the Clarence Valley,

improvements in water quality can be achieved through strategic

such accommodation may need further investigation, particularly if

management actions. The study breaks the Clarence River floodplain

there is an increase in intensive plant agriculture envisaged for the

into sub catchments and prioritises different areas based on acid

future or if housing costs and availability continue to cause impacts on

sulfate soils and blackwater. It identifies the three highest priority

farm worker availability.

catchments and makes preliminary recommendations that substantially change the drainage regime, highlighting the potential extent of change that may be required across the flood plain over the longer-term.

An alternative “temporary workers accommodation” clause may also be appropriate, which could enable nearby off-site rural workers’ accommodation where suitable. Clause 6.6 of Kyogle LEP 2012 is an example of this and such a clause may be investigated for the Clarence

If the dominant use of floodplain areas changes over time, for example

Valley, acknowledging that this type of use would need to be met by

the current sugarcane to macadamia trend, there may be further

strict assessment criteria and enforcement to avoid abuse. It may also

opportunities to review and examine how drainage and floodplain

be further considered as part of Council’s proposed Housing Strategy.

management is undertaken.

7.2

Rural workers’ accommodation

7.3

Other rural infrastructure and support

While the majority of public infrastructure provision relates to supply

Rural lands in the Clarence Valley cover an extensive area meaning that

chains and floodplain management needs as outlined above, there

access to rental or other accommodation can be difficult. Combined

remains a number of other rural infrastructure needs that may need to

with more recent issues associated with housing affordability and

be further considered over the life of this plan. These include:

rental availability, this can result in significant issues for seasonal worker accommodation.

Emergency management infrastructure , which is being considered within broader review relating to emergency

Whilst “rural workers’ dwellings” are a permissible use in both the RU1

response needs, including through agencies such as RFS, SES

and RU2 zones, under CVLEP 2011 Clause 7.10 Erection of rural workers’

and NPWS.

dwellings, such development can only accommodate rural workers on

Environmental and recreational infrastructure, such as those

the site of the agricultural or rural activity and where it is ancillary to a

needed to assist fauna movement along key corridors or in

dwelling house or dual occupancy on the same lot. This definition is

association with nature-based recreational and tourism

deliberatively restrictive in terms of the pre-requisites for permissibility

activities.

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Social infrastructure, such as meeting places in rural villages

Investment in key public and private infrastructure to support the directions of the Strategy will be generally supported on an as needs

RELATED RURAL LANDS STRATEGY RECOMMENDATIONS Note: the recommendation numbers relate to those presented in the Rural Land Strategy document for ease of reference.

basis and particularly where identified through more detailed investigations.

Engage with government and industry to leverage

As outlined throughout this Report, there is also a range of support

support

mechanisms through various education and programming initiatives

Recommendation 16: Lobby government to seek options to reduce delays

that could be considered and co-ordinated by Council (in conjunction

and costs associated with drainage, floodplain maintenance and approval

with partners). In addition, consultation highlighted opportunities for

requirements

greater industry and cross-industry collaboration that would benefit productivity and environmental outcomes.

Lack of adequate funding that leads to sustainable programs for rural floodplain infrastructure improvements, combined with lengthy

For example, one co-operative consulted for the project identified that

approval processes for floodplain maintenance, has resulted in

individual farmer activities tend to be ‘dis-jointed’, with potential for

ongoing industry challenges. While it is recognised that some of this

greater co-ordination meaning that producers can ‘scale-up’ actions

falls outside of Council’s scope (such as increases to State payments

(such as environmental or pasture improvements measures) through

and State approval systems), Council will continue to facilitate

joint initiatives / arrangements.

improvements related to the floodplain wherever possible.

This was further identified by organisations such as Young Framers and LLS, that highlight the importance and positive outcomes of coordinating ‘small farm networks’ – the potential for which is recognised in LLS’s draft Local Strategic Plan. However, these groups also recognise that ‘extension officers’ within government or industry groups are likely to be better placed to advise on technical issues within larger

Develop supporting infrastructure that enables opportunities Recommendation 22: Consider opportunities for, and where viable develop an ‘Agricultural Hub’ to benefit a wide spectrum of rural activities

established industries – with the smaller and newer farmers /

Recommendation 23: Establish a basis for industry specific and shared

producers being more difficult to capture and a potential target market

infrastructure opportunities

for local government-based activities. Having effective infrastructure in place to support these is therefore an important factor to consider.

The development of carefully planned, shared infrastructure arrangements can act as an incubator to agricultural activities, provide links to food and agri-tourism, as well as providing spaces for training, education, events and marketplaces that celebrate localised food

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production. Considering options and establishing these over the timeframe of the Strategy is recommended. In conjunction with outcomes of future ‘Emerging Industry Strategies’ as part of Recommendation 14, there may be opportunities to collaboratively coordinate shared infrastructure that can assist industry specific productivity. Recommendation 24: Undertake a supply chain analysis to identify and establish direction for improving transportation and logistics in the short and long-term As rural industries develop and expand, opportunities for supply chain modification, improvement and expansion are likely to arise. This is particularly relevant to the road network, where weight limits and bridges can impact of the effective distribution of produce – where it be cattle, forestry products or others. In the longer-term, a transportation node around Grafton may provide further benefits for inter-modal connectivity.

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Issue 8: Addressing red tape Concerns regarding the processes of approvals and regulation around undertaking of land use activities are frequent across almost all forms of land use planning – and rural lands activities is no different.

8.1

Floodplain agriculture permits

There are a range of approval authorities and legislative requirements that are required to facilitate the operation of agricultural enterprises

When issues are identified, responses are regularly associated with

generally, but particularly within the floodplain. Despite specific

additional approval requirements or permits. Over recent decades,

provisions within Council’s LEP, which apply only to the sugarcane

additional and more stringent approval processes have been

industry74, there are a number of other approvals and permits that

introduced, particularly with respect to environmental outcomes and

may be required across other land (often publicly owned) – including

impacts on waterways. This creates additional burdens for those

Crown Lands, NPWS, DPI Fisheries and Native Title among others

seeking to undertake activities that they may see as a ‘right to farm’

(typically for works between the private property boundary and the

and which has historically not required approvals.

receiving waters). These can include approvals under or consideration

Conversely, when activities are allowed to be undertaken without

of the following legislation as part of environmental assessments:

approval or regulation, the direct or cumulative impacts can be

Fisheries Management Act 1994

significant on the environment, neighbouring land holders or the

Water Management Act 2000

broader community. Key elements that have been raised with respect

Biodiversity Conservation Act 2016

to ‘red tape’ include:

National Parks and Wildlife Act 1974 Environmental Planning and Assessment Act 1979 Clarence Valley LEP 2011

approvals across the flood plain to river catchments

land clearing and complexities of regulatory responsibilities

The responses to issues within this Report therefore seek to take a careful approach to no creating additional burdens whilst highlighting key concerns.

This complex web of approvals is somewhat offset by annual and ongoing permits that are provided for works on drains, but continues to be further complicated by funding restrictions and priorities (see Issue 7.2 for more details). There is also a real or perceived concern around conflicts between agency views about agriculture on the floodplain, which is identified prime agricultural land, versus the

See Clause 7.1(7) in Clarence Valley LEP 2011

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environmental impacts on water quality from issues such as acid

These instances and concerns are particularly problematic in that

sulfate soils.

intensive plant agriculture / horticulture is permitted without consent

Given the statutory nature of floodplain works, ongoing improvement and clarity around approvals and maintenance requires co-ordination and effective working relationships beyond Council. Having a dedicated ‘Sustainable Agricultural Officer’ (or similar) within Council (as recommended) may assist in providing this link in the future.

8.2

Land Clearing

Clearing of native vegetation is legislated by the Local Land Services Act 2013 and the Biodiversity Conservation Act 2016. On land under rural zones, LLS assess and approve the clearing of native vegetation. Assessment is based on the purpose, nature, location and extent of the clearing. On land under environmental zones, the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 applies. Council also has a role where it is considers development applications unless the associated clearing exceeds certain thresholds under the Biodiversity

and therefore not subject to initial planning approvals. Codes of practice / conduct have been introduced in some industries (e.g. berries75), and whilst these have improved previous practices, use and enforcement remains variable. Issues of clearing and environmental impact are also apparent across other sensitive lands, including wetlands, where the quality of mapping is often a subject of concern. The presence of a range of vegetation protection mechanisms within the Clarence Valley also requires improved recognition, as previously identified in Issue 2.1. Land clearing has also become a focus of some non-government organisations, such as the Environmental Defenders Office and World Wildlife Fund who are working on improving legal mechanisms to preserve remaining native vegetation following the 2019/2020 bushfire season76.

Conservation Act 2016.

RELATED RURAL LANDS STRATEGY RECOMMENDATIONS

Where unauthorised land clearing has been undertaken, Council, LLS

Note: the recommendation numbers relate to those presented in the Rural Land

and/or DPIE’s Biodiversity Conservation Division (DPIE - BCD) may

Strategy document for ease of reference.

undertake investigations, with both reporting and surveillance measures being used to identify these instances. Within the region,

Elevate the importance of rural lands within Council and

particular concerns have been raised around the presence and activities associated with intensive plant agriculture, with DPIE - BCD identifying the Clarence Valley as a hotspot at the current time.

the community Recommendation 13: In conjunction with LSS and DPIE - BCD, continue to work with land holders to facilitate education and understanding of vegetation clearing requirements

75See

https://berries.net.au/wp-content/uploads/2021/02/ABGA-Blueberry-Industry-Code-ofPractice.pdf accessed 02.11.21

Clarence Valley Council Rural Lands Strategy – Background Paper

Refer https://www.edo.org.au/2021/04/15/defending-the-unburnt-a-landmark-legal-initiative/ accessed 26.11.21

Page | 94

Collaborative cross-agency programs that target identified high risk areas or land use types with propensity for vegetation clearing and educate rural land owners is critical to addressing unauthorised vegetation removal.

Engage with government and industry to leverage support Recommendation 21: Lobby government to seek options to reduce delays and costs associated with drainage, floodplain maintenance and approval requirements It is recognised that approvals often involve multiple agencies and can incur lengthy time delays. Council will continue to seek to work with State agencies, where possible, to facilitate improvements in these processes to avoid time delays and uncertainty in investment and industry progression.

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PART 4 – SUMMARY OF RECOMMEDATIONS

This report seeks to provide background on the diverse range of issues and opportunities that are apparent within the Clarence Valley rural lands. This Part provides a summary of the recommendations that are identified in the Rural Lands Strategy.

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Strategy Recommendations

This section provides a consolidated summary of the recommendations that are identified in the associated discussed in Part 3 of this document. They have been arranged under the four core proposed action areas. These action areas and details around the recommendations are further developed as part of the Rural Lands Strategy document.

Recommendation 1 : Review the applicability of RU1 and RU2 zones Recommendation 2 : Review land use permissibility and objectives in the RU1 and RU2 zone Recommendation 3 : Review the zoning of rural lands that have strong environmental attributes or form part of strategically important biodiversity corridors Recommendation 4 : Collaborate with State agencies and industry on opportunities to best protect agricultural activities adjoining existing and proposed urban areas Recommendation 5 : Review subdivision controls to facilitate agricultural production whilst minimising the establishment of new dwelling entitlements in the RU1 zone Recommendation 6 : Review LEP and/or DCP controls to include greater certainty and direction around expectations for buffers to agricultural activities Recommendation 7 : Reinforce existing DCP controls for protection of biodiversity and environmental outcomes through review of buffers and related provisions

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Recommendation 8 : Establish an ‘Sustainable Agricultural Officer’ within Council Recommendation 9 : Update, maintain and promote Council’s website and associated data as a key resource for rural lands Recommendation 10 : Collaborate with Aboriginal communities on and caring for country and planning for, and use of, rural lands Recommendation 11 : Undertake forward planning for impacts of climate change on rural lands Recommendation 12 : Collaboratively identify conflict inducing practices and opportunities to work with industry and agencies to reduce these conflicts Recommendation 13 : In conjunction with LSS and DPIE - BCD, continue to work with land holders to facilitate education and understanding of vegetation clearing requirements

Recommendation 15 : Continue to review, collaborate and, where require, maintain consistency with evolving State polices Recommendation 16 : Lobby government to seek options to reduce delays and costs associated with drainage, floodplain maintenance and approval requirements Recommendation 17 : Provide a range of programs, training and education opportunities for rural landowners and the broader public Recommendation 18 : Strengthen opportunities for rural tourism and recreation Recommendation 19 : Collaboratively work to ensure appropriate bushfire land management across the Clarence Valley Recommendation 20 : Facilitate ongoing equitable access and use of water resources

Recommendation 14 : Develop ‘Emerging Industry Strategies’ to further

Recommendation 21 : Lobby government to remove existing, and

develop and lead Council’s proactive involvement

prohibit new, mining or exploratory licences

in key growth sectors

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Recommendation 22 : Consider opportunities for, and where viable develop an ‘Agricultural Hub’ to benefit a wide spectrum of rural activities Recommendation 23 : Establish a basis for industry specific and shared infrastructure opportunities Recommendation 24 : Undertake a supply chain analysis to identify and establish direction for improving transportation and logistics in the short and long-term

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Appendix A – Rural and Environmental Zones Review

Clarence Valley Council Rural Lands Strategy – Background Paper

Appendix A

APPENDIX A - RURAL AND ENVIRONMENTAL LAND ZONING OVERVIEW Prior to 2011, the area that now comprises the Clarence Valley LGA

without consent), and prohibited land uses. The zones of the CVLEP

consisted of 37 rural zones. These rural zones were from the following

2011 that are located in rural areas and subject to this Strategy include:

Local Environmental Plans (LEP):

RU1 Primary Production

Copmanhurst LEP 1990

RU2 Rural Landscape

Grafton LEP 1988

RU3 Forestry

Maclean LEP 2001

C2 Environmental Conservation

Nymboida LEP 1986

C3 Environmental Management

Ulmarra LEP 1992

Richmond River LEP 1992

As outlined in Table 4 there is more than 780,000 hectares of land, or 74.80% of all land, in the Clarence Valley that is subject to this Strategy.

In 2006, the Standard Instrument (Local Environmental Plan) Order 2006

The largest zone of all land in Clarence Valley is the RU2 - Rural

(the Order) was introduced to NSW. This Order was the State

Landscape zone, comprising 38% of all land un the LGA, while 11% is

Government's "standard template" approach to the creation of LEPs to

zoned RU1- Primary Production. Together, these zones are the primary

create consistency across the State, but in doing so, to significantly

rural zones that apply to private rural land across the Clarence Valley.

reduce the range of zones being used. The standard template also outlines mandatory objectives and a small number of land uses for each zone. For the Clarence Valley, the result of the Order is that 37 rural zones were consolidated into four - one rural residential zone and three rural zones. Principles for each of the following zones were endorsed by Council between 2006 to 2007 based on State guidance. The gazettal of CVLEP 2011 on 23 December 2011, for the most part, converted the existing zones to the closest equivalent zone under the Order. The consolidated LEP is the current statutory framework for planning decisions for the Clarence Valley and includes a land use table that lists the objectives of each zone, permitted land uses (with and

Table 4: Land zones subject to this Strategy Zone

Hectares

% of rural land

% of total land

RU1 Primary Production

115,411

14.79%

11.07%

RU2 Rural Landscape

400,252

51.28%

38.38%

RU3 Forestry

205,809

26.37%

19.74%

C2 Environmental Conservation

6,022

0.77%

0.58%

C3 Environmental Management

53,018

6.79%

5.08%

780,512

100%

74.80%

Total

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Appendix A

The RU3 Forestry zone also accounts for 19.74% of all land across the

The zone is aimed at utilising the natural resource base (i.e. the high

Clarence Valley. However, this land is predominately owned by the

quality soils) in an agriculturally productive manner. The zone is not a

State Forestry Corporation, with the exception of some smaller private

default zone for non-urban land.

native forestry. The land uses under the RU3 - Forestry zone are specified in accordance the Local Land Services Act 2013 and the Forestry Act 2012. An outline of each of these zones is provided below. RU1 PRIMARY PRODUCTION The principal purpose of this zone is to primarily protect land for

RU1 zone objectives In addition to the mandatory objectives under the Order, the CVLEP 2011 includes the following additional zone objectives for land zoned RU1 Primary Production: o

To prevent dispersed rural settlement

To ensure that development does not unreasonably increase the

agricultural production and the zone has been applied to the higher quality agricultural land in the Clarence Valley. The past zones from

demand for public services or public facilities o

previous LEPs that have translated to the current RU1 Primary Production zone under the CVLEP 2011 include: o

1(b) Copmanhurst LEP 1990

1(a) Grafton LEP 1988, being good agricultural land in Classes 1, 2 and 3.

1(d) Grafton LEP 1988

1(a) Maclean LEP 2001

1(a) Nymboida LEP 1986

And land identified as Far North Coast Farmland Mapping as identified by the DPI (2005 mapping)

The intent for this zone is to apply it to land most appropriate for commercial primary industry production, particularly to protect those areas with the highest quality soils and others attributes that are important to primary production – generally as per the farmland mapping identified in the NCRP 2036.

Clarence Valley Council Rural Lands Strategy – Background Paper

To ensure development is not adversely impacted by environmental hazards.

These same additional objectives also apply to the RU2 Rural Landscape zone. Whilst these additional objectives are not unreasonable, they are generally identified and considered in other aspects of the LEP or legislation – e.g. under minimum lot size provisions and local provisions. Given that they are the same as the RU2 zone, it also means that the two zones are more closely linked than considered favourable. Consideration could therefore be given to removing these additional objectives, but including a stronger objective related to the protection of the land for agricultural purposes – for example an objective similar to the following from the Tweed LEP 2014: o

To protect prime agricultural land from the economic pressure of competing land uses.

Appendix A

RU1 land use permissibility

RU2 RURAL LANDSCAPE

Both the RU1 and RU2 zones have the same uses that are ‘permitted

The principal purpose of this zone is to be used as a general or ‘default’

without consent’ including horticulture and extensive agriculture. Both

rural zone and the zone was applied to lesser quality agricultural land.

these zones also have similar uses that are ‘permitted with consent’

The past zones from previous LEPs that have translated to the current

including agricultural uses, as well as a variety of tourism, community

RU2 – Rural Landscape zone under the CVLEP 2011 include:

and health activities (refer RU2 zone for a list of specific land use

1(a) Copmanhurst LEP 1990

1(a) Grafton LEP 1988, being Classes 4 and 5.

1(e) Grafton LEP 1988

To better differentiate between these zones, and to reinforce the

1(b) Maclean LEP 2001

importance of the zone for primary production, the following changes

1(b) Nymboida LEP 1986

in uses (permitted with consent) is suggested for consideration:

1(d) Nymboida LEP 1986, in dispersed locations, such as

differences). Extractive Industries are ‘permitted with consent’ under the RU1 zone, however they are prohibited in the RU2 zone.

Dundurrabin.

Remove: Bed & breakfast accommodation, Community facilities, Cemetery, Crematorium, Eco-tourist facilities, Health

1(e) Nymboida LEP 1986

consulting rooms, Veterinary hospitals

1(b2) Richmond River LEP 1992

Include: Research centres

1(a) Ulmarra LEP 1992

1(h) Ulmarra LEP 1992

Turf farming may also be considered as permitted without consent.

The intent for this zone was to apply to rural land used for commercial primary production that is compatible with ecological or scenic landscape qualities that have been conserved (often due to topography). It may apply to land that is suitable for grazing and other forms of extensive agriculture, or intensive plant agriculture (such as ‘viticulture’), but may also provide for more diverse uses from land zoned RU1 that retains a more focused agricultural use profile. This zone is not used where the main purpose of the zone is to protect significant environmental attributes (currently C2 or C3 zoned land) or to provide for rural residential accommodation (currently R5 zoned land and this zone is not included in the current Strategy).

Clarence Valley Council Rural Lands Strategy – Background Paper

Appendix A

RU2 zone objectives

facilities and other rural tourism, recreation and environmental

In addition to the mandatory objectives under the Order, the CVLEP

uses consistent with the rural character of the locality.

2011 includes the following additional zone objectives for land zoned RU2 Rural Landscape:

To enable the provision of small-scale tourist accommodation,

RU2 land use permissibility

To prevent dispersed rural settlement.

As identified earlier, both the RU1 and RU2 zones have the same uses

To ensure that development does not unreasonably increase the

that are ‘permitted without consent’ including horticulture and

demand for public services or public facilities.

extensive agriculture. Both these zones also have similar uses that are

To ensure development is not adversely impacted by

‘permitted with consent’ including agricultural uses, as well as a variety

environmental hazards.

of tourism, community and health activities. Additional activities that

To provide land for less intensive agricultural production.

are ‘permitted with consent’ in the RU2 zone at the current time include:

To minimise conflict between land uses within the zone and with

Camping grounds

Caravan parks

As mentioned earlier, the first three of these are also common to the

Centre-based child care facilities

RU1 zone. Given that some forms of more intensive agriculture occur

Correctional centres

on these lands (such as berry production), and that some intensive

Function centres

farming does not have a relationship to soils, it is not considered to be

Landscaping material supplies

appropriate to have on objective relating to extent to which the land is

Plant nurseries

used for intensive agriculture or not. Similarly, reducing conflict

Recreation facilities (outdoor)

between land uses is appliable to all rural lands and not only the RU2

Respite day care centres

zone.

Rural supplies

adjoining zones.

Consideration could therefore be given to removing these additional objectives, but including a stronger objective related to the diversification of use of the land, particularly regarding tourism, environmental and recreational use. For example an adapted objective similar to the following from the Byron LEP 2014:

The following further changes in uses are suggested for consideration: o

Include: Artisan food and drink industry, Garden centres, Information and education facilities, Kiosks, Markets, Research centres, Restaurants or cafes and Timber yards

Turf farming may also be considered as permitted without consent. As with the RU1 zone, some of these uses (e.g. kiosk, restaurant and café) may be considered in conjunction with a clause to manage

Clarence Valley Council Rural Lands Strategy – Background Paper

Appendix A

impacts, such as was identified in the Agritourism and small-scale agriculture development Explanation of Intended Effect March 2021

C2 ENVIRONMENTAL CONSERVATION 77

similar to existing clauses relating to subdivision or dual occupancy development.

The principal purpose of this zone is to primarily protect land for that has high conservation value. The past zones from previous LEPs that have translated to the current C2 Environmental Conservation zone under the CVLEP 2011 include:

RU3 FORESTRY

LEP 1990

The principal purpose and intent for this zone is for land to be retained for long-term forestry use – including State Forests but not including

7(a) Environmental protection (Wetlands) zone Copmanhurst

7(a) Environmental protection (Ecological Significance) zone Maclean LEP 2001

Private Native Forestry which is typically zoned RU1 Primary Production zone or RU2 Rural Landscape.

The 1(f) zone from previous LEPs has been translated to the current

7(b) Environmental protection (Conservation /habitat) zone in Maclean LEP 2001 7(c) Environmental protection (Coastal Foreshore) zone in Maclean LEP 2001 – natural areas

RU3 Forestry zone under the CVLEP 2011. The RU3 Forestry zone in the CVLEP 2011 has no additional objectives other than those mandated in

7(a) Wetlands zone Nymboida LEP 1986

the Order.

7(a) Environmental protection (Wetlands) zone Richmond River LEP 1992

No changes are proposed to the objectives or land uses, though consideration may be given to removing farm stay accommodation and open cut mining and including timber yards as permitted with consent

SEPP 14 and SEPP 26 areas in the former Ulmarra Shire.

The intent for this zone is to apply to areas with high ecological, scientific, cultural or aesthetic values outside national parks and nature reserves. The zone provides the highest level of protection, management and restoration for areas outside of national parks and nature reserves, whilst allowing uses compatible with those values. This zone is sparingly used in the Clarence Valley, predominantly in coastal locations. Where a broader range of uses is required (whilst

See DPIE website - https://www.planningportal.nsw.gov.au/draftplans/exhibition/agriculturechanges accessed 29.11.21

Clarence Valley Council Rural Lands Strategy – Background Paper

Appendix A

also retaining environmental protection), these are generally zoned C3

Application of the zone is otherwise generally consistent with the

Environmental Management (refer further below).

established principles and intent of the zones – including as generally

C2 zone objectives In addition to the mandatory objectives under the Order, the CVLEP 2011 includes the following additional zone objectives for land zoned C2 Environmental Conservation: o

To protect coastal wetlands and littoral rainforests.

To protect land affected by coastal processes and environmentally

envisaged under the Northern Councils E Zone Review Final Recommendations Report. That said, there may be greater opportunities to create additional focus on the C3 zone with respect to provision of corridor protection for example.

C3 ENVIRONMENTAL MANAGEMENT

sensitive coastal land.

The principal purpose of this zone is to primarily protect land that has

To prevent development that would adversely affect, or be

environmental, scenic value or hazard risk, whilst providing more

adversely affected by, coastal processes.

flexibility in use than the C2 Environmental Conservation zone. The

Whilst these additional objectives are arguably replicating some existing legislative requirements (particularly around coastal wetlands and littoral rainforests), they otherwise provide a clear indication of where

past zones from previous LEPs that have translated to the current C3 Environmental Management zone under the CVLEP 2011 include: o

this zone is to be applied. C2 land use permissibility The C2 zone does not provide for any development that is ‘permitted without consent’. The C2 zone is also much more restrictive in terms of uses that are ‘permitted with consent’ compared with the C3 zone. Permitted uses include emergency and environmental works / facilities, as well as roads and oyster aquaculture, as required under the Standard Instrument. Consideration could be given to the inclusion of the following additional uses: Bee Keeping, Eco-tourist facilities, Information and education facilities and Research centres.

7(e) Environmental protection (Escarpment/ Scenic) zone Maclean LEP 2001.

7(d) Scenic Protection zone Nymboida LEP 1986.

7(b) Environmental protection (Scenic/ escarpment) zone Richmond River LEP 1992.

7(c) Environmental protection (Coastal Foreshore) zone in Maclean LEP 2001 – developed areas

The intent of this zone is to apply to land where there may be special ecological, scientific, cultural or aesthetic attributes or environmental hazards/processes that require careful consideration/management and for subsequent uses to be compatible with these values. As such, this zone has a greater level of permissible land uses compared with the C2 zone. This includes a range of tourism and

Clarence Valley Council Rural Lands Strategy – Background Paper

Appendix A

recreational uses, as well as environmental and other activities that are

This would assist in differentiating the C3 zone from the more

less likely to be acceptable within the C2 zone.

restrictive C2 zone, whilst highlighting the types of uses that may be

C3 zone objectives In addition to the mandatory objectives under the Order, the CVLEP 2011 includes the following additional zone objectives for land zoned C3 Environmental Management: o

To prevent inappropriate development in geologically hazardous areas so as to minimise erosion and other adverse impacts on escarpment areas.

To ensure that development does not unreasonably increase the demand for public services or public facilities.

To ensure development is not adversely impacted by environmental hazards.

appropriate. C3 land use permissibility The C3 zone already allows for a broader range of uses than the more restrictive C2 zone. This includes extensive agriculture as well as several defined home based occupations and services without consent, as well as a range of uses with consent, including a range of residential and tourist accommodation uses, as well as home base industries, recreational areas and forms of aquaculture (as required by the Standard Instrument). Minor additions to permitted land uses may include ‘Information and education facilities’ and ‘Research centres’.

To protect prominent hillsides, ridgelines, other major natural features, riparian areas and water catchment areas.

Whilst some of these additional objectives provide a clear indication of where this zone is to be applied, the second and third points as identified above (whilst not unreasonable), are generally identified and considered in other aspects of the LEP or legislation – e.g. under minimum lot size provisions and local provisions. These could be removed. Conversely, an additional objective could be considered similar to the Byron LEP 2014 such as: o

To encourage passive recreation and environmental education where there is no detrimental effect to land.

Clarence Valley Council Rural Lands Strategy – Background Paper

Appendix A

Appendix B – Project Survey Outcomes

Clarence Valley Council Rural Lands Strategy – Background Paper

Appendix B

Appendix C – Project Information Sources

Clarence Valley Council Rural Lands Strategy – Background Paper

Appendix C

APPENDIX C - BACKGROUND DOCUMENTATION & REFERENCES Clarence Valley Council

NSW Department of Primary Industries -

Clarence Valley Council - Biodiversity Strategy

Agricultural Land Use Planning Strategy:

2020 Clarence Valley Council - Biosecurity Policy 2021 Clarence Valley Council / BMT - Clarence Valley Structural Mitigation Works Review 2021 Clarence Valley Council - Climate Change Policy 2021 Clarence Valley Council - Community Strategic Plan: The Clarence 2027 Clarence Valley Council - Drain and Floodgate Maintenance Procedure Clarence Valley Council - .id (informed decision) Statistic Projections 2021 Clarence Valley Council - Local Strategic Planning Statement 2020 Clarence Valley Council - Regional Economic Development Strategy 2018-2022 Clarence Valley Settlement Strategy 1999

Options Paper 2021 conducted by the Agricultural Commissioner NSW Department of Primary Industries – Assessing Intensive Plant Agriculture Developments 2011 NSW Department of Primary Industries Buffer Zones to Reduce Land Use Conflict with Agriculture 2018 NSW Department of Primary Industries - A guideline to identifying important agricultural lands in NSW 2017 NSW Department of Primary Industries – Healthy estuaries for healthy oysters guidelines 2017 NSW Department of Primary Industries – Important Agricultural Land Mapping NSW Department of Primary Industries Living and Working in Rural Area: A handbook for managing land use conflict on the NSW

Department of Primary Industries

North Coast 2007

NSW Department of Primary Industries –

NSW Department of Primary Industries -

Agricultural Advice for Preparing Local Strategic

Managing biosecurity risks in land use planning

Planning Statements 2019

and development guide 2020

Clarence Valley Council Rural Lands Strategy – Background Paper

NSW Department of Primary Industries – Managing farm-related land use conflicts in NSW 2020 NSW Department of Primary Industries – Northern Rivers Sub Region Agriculture Industry Snapshot for Planning 2020 NSW Department of Primary Industries – NSW Oyster Industry Sustainable Aquaculture Strategy 2016 NSW Department of Primary Industries – NSW Land Based Sustainable Aquaculture Strategy 2020 NSW Department of Primary Industries Policy and guidelines for fish habitat conservation and management 2013 NSW Department of Primary Industries – Preparing Intensive Plant Agriculture Developments 2011 NSW Department of Primary Industries Right to Farm Policy 2019 NSW Department of Primary Industries – Right to Farm Policy Review 2020 conducted by the Agricultural Commissioner NSW Department of Primary Industries Water Sharing Plan for the Clarence River Unregulated and Alluvial Water Sources 2016

Appendix C

Local Land Services

Department of Planning and Environment -

Young Farmers – Regenerate: Growing new

Local Land Services - Characterisation of the

Northern Councils E Zone Review Final

farmers 2021

Socio-Economic Landscape of the North Coast

Recommendations Report October 2015

Region of NSW 2015

NSW Apiarists’ Association Position Paper –

Local Land Services – Local Strategic Plan

Apiary Site on Public Lands 2015

North Coast 2016-2021

NSW Government – Climate Change Snapshot

Local Land Services - North Coast Regional

(North Coast)

Strategic Weed Management Plan 2017-2022

NSW Government - Marine Estate

Local Land Services - Rural Living Handbook: A

Management Strategy 2018-2028

guide for rural landholders 2020

NSW Legislation - Right to Farm Act 2019

Other

NSW Rural Fire Service - Planning for Bush Fire

ABARES (2016) The Australian Land Use and

Protection 2019

Management Classification Version 8

Protected Cropping Australia - Growing

Agrifutures - Best Practice Land Use Planning:

Protected Cropping in Australia to 2030 – 2020

Agricultural Industry

Regional Development Australia Mid North

Australian Bureau of Statistics - Agricultural

Coast – Pathways Into Agriculture Project 2016

Census 2015-2016, published in 2017

Sunshine Sugar - Information for New Farmers

Clarence Cane Growers Association Inc –

2013

Annual Report 2021

Sunshine Sugar - Facts and Figures of the NSW

Farming Together – Growing Agriculture in the

Sugar Industry Infographic

Tweed 2020

University of New England - Controlled

Native Title information sourced from:

Environment Horticulture Industry Potential in

nativetitle.org.au/ (Accessed 22.07.2021)

NSW 2017 - Dr David Hadley

Department of Planning. Industry &

University of NSW – Clarence River Floodplain

Environment - North Coast Regional Plan 2036

Clarence Valley Council Rural Lands Strategy – Background Paper

Prioritization Study 2020

Appendix C

Appendix D – Project Consultation Meetings and Correspondence

Clarence Valley Council Rural Lands Strategy – Background Paper

Appendix D

APPENDIX D - CONSULTATION MEETINGS AND CORRESPONDENCE SUMMARY Industry Stakeholder meetings were held with: o

Berries Australia

Clarence Valley Canegrowers

Clarence Valley Food Inc

Northern Co-Operative Meat Company

NSW Apiarists Association – North Coast Branch

Farming Together / SCU

Sunshine Sugar

Young Farmers

Agency Stakeholder meetings were held with: o

Clarence Valley Council including: -

Natural Resource Management Team

Floodplain Management Team

Development Planning Team

Department of Planning Industry & Environment including: -

Craig Diss – Team Leader Northern Region

Troy Northey - Senior Team Leader Compliance and

Selena Stillman – Agricultural Land Use Planning Officer

Graeme Bowley – Aquaculture Unit

Jeremy Bright – Development Officer (Macadamia)

Melinda Simpson – Development Officer (Berries)

Clarence Valley Council Rural Lands Strategy – Background Paper

Local Land Services including: -

Nathan Jennings – Extension Officer (Beef)

Matthew Plunkett – Industry Officer

Julie Dart – Senior Land Service Officer (Agricultural

Emmaline Froggatt – Team Leader (Sustainable Agriculture)

Correspondence was received from: o

Local Land Services - Hugo Maree – Associate Team Leader, Land Management

NSW Rural Fire Service - Alan Bawden – Supervisor Development Assessment and Planning

Department of Primary Industries including: -

Johnathan Yantsch – Senior Fisheries Manager (Coastal Systems)

Sharyn Goldstein – Manager, Marine Estate Coastal Floodplain

Department of Primary Industries including: -

Peter Walters – Protection Supervisor (Far North Coast)

Advice)

Regulation o

Forestry Corporation of NSW including:

Northern NSW Local Health District - Adam Guise

Appendix D

Rural Lands Strategy Background Paper

Articles inside

Issue 8: Addressing red tape

Issue 6: Supporting emerging industries

Issue 7: Infrastructure development

Issue 5: Sustainable land management

Issue 2: Managing rural conflicts

Issue 4: Working collaboratively & culturally connected

Issue 3: Barriers to entry / expansion

Issue 1: Loss of farmland

8. Key issues overview

6. Key strategic principles

1. Introduction

2. Setting the Scene

7. Key recommendation areas

4. Project Consultation

5. Project drivers

3. Strategic and Legislative Context