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University of New South Wales Law Journal Student Series |
EXPLORING URBAN AGRICULTURE: UNDERSTANDING THE ADVANTAGES AND DISADVANTAGES OF BACKYARD AND COMMUNITY GARDENS
COURTNEY PETHERICK
I INTRODUCTION
Urban agriculture (UA) is not a new concept. It has been estimated that UA produces between 15% and 20% of the world’s food supply.[1] In Australia, UA is an integral part of our food system, particularly during WWI and WWII where urban and backyard food production contributed to the war effort and allowed families to “keep... going” amid food shortages.[2] Despite the significant decline in UA since the 1980s,[3] over the last decade there has been a renewed interest in UA with rising concerns over food security, health and environmental issues associated with the modern food system.[4] Concerns over food security were heightened by COVID-19[5] and extreme weather events[6] which disrupted supply channels and led to empty supermarket shelves, buying limits and temporary food shortages.[7] In fact, many Australians started growing their own food during the COVID-19 pandemic in response to these issues.[8] This essay will examine the importance of UA in the Australian context. Part II of this essay will discuss the different factors currently impacting food production and consumption in Australia. Part III of this essay will define UA in backyard and community gardens. Part IV of this essay will analyse the benefits of UA as a tool which can be used to address present social and environmental issues. Part V will analyse the disadvantages of UA in order to be aware of the challenges of facilitating UA in an equitable manner. Finally, Part VI of this essay will argue that UA strategies need to be incorporated into land-use planning in order to promote future sustainability. Part VI will further argue that a collaborative approach between the different stakeholders should be taken for UA initiatives. UA should be facilitated in a way that aims to overcome barriers and the regulatory context for UA should be simplified.
II CONTEXTUALISING THE NEED FOR URBAN AGRICULTURE
A Food Security
The United Nations Food and Agriculture Organisation (FAO) defines food security as the situation “when all people, at all times, have physical and economic access to sufficient, safe and nutritious food to meet their dietary needs and food preferences for an active and healthy life”.[9] Australia is currently considered food secure, as we export more agricultural products than we import.[10] However, Australia’s food security is threatened by a myriad of factors. The FAO has predicted that world food demand may increase by 70% by 2050.[11] Food demand is increasing due to rising populations and incomes, changing patterns of food preferences, consumption and urbanisation.[12] In Australia, high population growth is driven by overseas immigration, with the majority of international immigrants settling in major cities.[13] Furthermore, climate variability, land degradation, loss of productive lands in peri-urban areas, slowing of agricultural productivity and increasing reliance on production inputs are impacting upon Australia’s ability to produce food.[14] Most importantly, given Australia’s dependence on fuel and fertilisers for food production, the greatest threat to food security is disruption in the supply of imported fuel and fertilisers. Australia currently imports around 90% of our fuel supply, a large majority of which is transported through the South China Sea, an area subject to major political disputes.[15] However, food security is not only concerned with access to food. It requires access to healthy foods, with the essential minerals and nutrients required to sustain a healthy life. In Australia, there is currently an inequality in access to healthy foods.[16] In fact, one in six adults in NSW and ACT experienced food insecurity in the last year alone.[17] Foods are unevenly distributed across the country, and across cities, in terms of variety, quality and quantity.[18] Low-income households are most at risk of food insecurity.[19] Mobility and access to transport are further barriers to food security.[20]
B Health Concerns
Access to fresh and diverse food is essential to maintaining good health.[21] Diet is the greatest cause of preventable disease and mortality in Australia.[22] In 2017-18, 67% of Australian adults were considered overweight or obese.[23] In general, the Australian population has a poor diet.[24] Less than 1% of Australians adhere to the Australian Dietary Guidelines (ADGs).[25] Australians are consuming too many discretionary foods (high in salt, sugar and fat) and too little fruits and vegetables.[26] This is attributed to the increased availability, marketing, convenience and cheap cost of highly-processed foods.[27] Further, welfare-dependant and low-income households are less likely to buy and consume healthy foods.[28] The cost of adhering to the ADGs is approximately 40% of the disposable income of welfare-dependant families (compared to 20% of an average income household).[29] Furthermore, poorer areas typically have a higher concentration of fast-food outlets. Fast-foods and easy-to-prepare meals are low in essential nutrients and micronutrients which are required for a healthy diet.[30] It has been estimated that the direct and indirect costs of diet-related disease is as high as $56–$130 billion per year.[31]
C Climate Change
Food yields are highly susceptible to adverse environmental conditions.[32] In the last couple of years, NSW has experienced severe weather: storms, flooding, tornadoes and bushfires[33] which negatively impact agricultural production.[34] The effects of climate change are expected to grow.[35] Australia is likely to experience more severe droughts and heat waves as well as increased frequency of cyclones, fires and floods.[36] Conventional agriculture is responsible for between 17% and 32% of global greenhouse gas emissions.[37] Other environmental impacts include severe land degradation, increased salinity and decline in agricultural biodiversity. Water scarcity is becoming an increasing problem,[38] given agriculture uses 70% of the global freshwater supply.[39] While the environmental costs of water and nutrient extraction, alongside biodiversity loss in agricultural production, have never been fully accounted for,[40] the impact is becoming increasingly apparent. The effects of conventional farming and climate change is expected to significantly constrain food production in Australia’s major foodbowl regions, such as the Murray-Darling basin.[41] Furthermore, extreme weather conditions are expected to impact supply chains as they physically prevent the movement of food or cause it to be spoilt and wasted.[42] The reduction of arable land in Australia, and the increasing environmental costs of the agriculture industry, means that alternate locations and methods for agriculture are required.
D Urban Sprawl
Although agriculture requires arable land to produce sufficient food, Sydney, like many Australian cities, has a history of sprawling outwards.[43] The dangers of continuous outward development were recognised as early as the 1940’s, however, agricultural protections such as the Sydney greenbelt have been lost due to competing factors such as population growth and pressure from the housing and development industries.[44] The continuing encroachment on agricultural lands, particularly in peri-urban regions, is a significant threat to agricultural production,[45] as residential and commercial development is occurring on some of the best farmland in Australia[46] with reliable rainfall, good soil and warm climates.[47] The Sydney Basin currently supplies approximately 20% of Sydney’s food demand.[48] Currently, 52% of Sydney’s vegetable production areas are in designated urban growth centres.[49] If urban sprawl continues as planned, 60% of Sydney’s agricultural land will likely be lost,[50] meaning agriculture in the Sydney Basin will only meet 6% of Sydney’s food demand by 2031.[51] Furthermore, with many Australian farmers retiring, younger generations not willing to take over farms, low farm incomes, inability to make return on investments, land conflicts[52] and overseas competition,[53] selling farmland has become the only feasible option for farmers.[54] Inward urban densification has also decreased the availability of green space in cities.[55] With a continued expectation of population growth,[56] accommodating new residents while maintaining agricultural capacity will continue to be a pressing issue and will require an upheaval of the current agricultural system.
E Modern Food System
The food system was rapidly transformed in the last half of the 20th century, from a producer-driven food chain to the supermarket model.[57] Today, Australia has one of the most concentrated supermarket industries globally,[58] with Woolworths and Coles controlling approximately 78% of the market.[59] Unhealthy consumption patterns are promoted by the convenient locations of supermarkets,[60] advertising[61] and perceived low costs of processed foods,[62] which results in low intakes of fruit and vegetables as the norm for the Australian diet.[63] Furthermore, technological innovations, such as advances in refrigeration and transportation, allow perishable foods to be transported over longer distances.[64] Today, many common food items sold in Australia are sourced from overseas, such as garlic from China and tomatoes from Italy.[65] As the supply chain becomes more complex, it increases vulnerability due to its reliance on fuel for transportation, centralised-distribution networks and ‘just-in-time’ delivery principles.[66] In NSW, there are an estimated 25,000 truck-trips each week transporting food.[67] The recent COVID-19 pandemic exemplified the weakness of the modern food system. Food prices spiked[68] and temporary food shortages occurred as a result of supply chains logistics unable to handle extra pressure caused by panic buying and stockpiling.[69] More recently, the Russia-Ukraine conflict is expected to exert additional pressure on Australian agriculture as the cost of chemicals, fertilisers and fuel are ‘skyrocketing’ and significantly increasing production costs.[70] Manufacturing, packaging, transport and other parts of the supply chain are likely to experience increasing costs.[71] Given these increased costs are commonly ‘passed on’ to consumers,[72] geopolitical changes, extreme weather events, pandemics and any other factor which causes disruptions in the supply chain pose a further threat to food security as increased costs place a significant economic barrier to food accessibility.
III DEFINING URBAN AGRICULTURE
UA can be broadly understood as the cultivation of food in metropolitan areas,[73] regardless of scale or number of people involved.[74] UA can take many forms including urban farms, backyard, rooftop and balcony gardens,[75] community and school gardens and guerrilla gardening in parking strips and other under-used urban spaces.[76] UA can be publicly, privately or commercially owned.[77] While a large portion of UA consists of growing fruits and vegetables,[78] UA also includes aquaculture, beehives and animals such as chickens, goats and rabbits.[79] Given the large diversity of UA, the different forms need to be evaluated on their own merit. This essay will focus on community gardens (a green space managed by a local community[80]) and backyard gardens.
IV BENEFITS OF URBAN AGRICULTURE
A Food Security
Food security in Australia is a growing concern.[81] UA contributes to food security as food grown in backyards and in community gardens provide an additional source of food.[82] Where individuals do not have access to private land to grow their own food, community gardening is important to provide land for people to cultivate their own foods.[83] This is required when the modern food system is threatened.[84] For example, if our fuel supply was interrupted, it has been estimated that frozen foods in supermarkets would only last one week.[85] As previously discussed, the inability of the modern food system to adequately respond to additional pressure on existing supply chains was exemplified during the COVID-19 pandemic.[86] While the COVID-19 pandemic provides a recent example of problems in the modern food system, natural disasters have also significantly impacted agricultural food production. In 2006, Cyclone Larry destroyed most of the banana plantations in Queensland, resulting in a loss of approximately 200,000 tonnes of fruit and causing prices of bananas to spike approximately 300%.[87] Similarly, droughts in the 1990s saw around $5 billion in lost rural agricultural production.[88] With more frequent natural disasters expected as a result of climate change,[89] UA is an important tool for promoting food security in cities.[90] Importantly, converting land to UA has the potential to provide greater self-sufficiency in cities for food production,[91] especially given research shows that high levels of agricultural productivity is possible in relatively small domestic areas.[92]
Food security does not just entail access to any food, it requires access to fresh and healthy food.[93] There is a widespread public perception that healthy foods are expensive foods.[94] In fact, when food consumption is driven by considerations of food cost, the resulting diets are more energy-dense and nutrient-poor.[95] ‘Food stress’ occurs where the cost of food is greater than 25% of disposable income.[96] Given the cost of adhering to the ADGs is approximately 40% of welfare-dependant families’ disposable income,[97] there is a significant economic barrier to accessing healthy foods for people of low socioeconomic status.[98] One benefit of growing food in backyards and community gardens is to provide access to fresh produce,[99] particularly for food-insecure households and those in food deserts.[100] The food you grow yourself is typically close to home and you do not pay for the produce grown.[101] Therefore, growing food in backyards and in community gardens can improve food security by providing easy access to an affordable range of fresh and nutritious produce.
B Health Benefits
There are many health benefits associated with UA. In general, Australians should increase their fruits and vegetables intake.[102] Households where members are involved in UA eat fruits and vegetables more frequently than those who do not.[103] Importantly, there is increasing evidence that participation in UA correlates with lower BMIs, lower levels of obesity and less fast-food consumption.[104] In 2015, 7.3% of the total burden of disease in Australia was a result of poor diet alone.[105] Therefore, encouraging UA provides a unique opportunity to work as a preventative measure against diet-related diseases.[106]
The benefits of UA extend beyond diet-related health. UA has been associated with personal well-being and mental health.[107] Gardening activities such as weeding and tilling gardens provides a form of physical exercise which some people prefer over more traditional exercises.[108] Gardening can be extremely beneficial for older members of society[109] as they can maintain physical exercise, have social opportunities, promote mental health and can prevent dementia.[110] Gardening can form therapy.[111] Many people use gardening to help with daily stress and even trauma.[112] For example, after the 2013 bushfires in the Blue Mountains, the Springwood Community Garden provided a healing space for members who were displaced and isolated.[113] Therefore, one of the benefits of UA is improved health within the community.
C Education
Likewise, education is a common benefit associated with UA. Backyard and community gardens can act as a site of education and source of empowerment for individuals and communities.[114] Education plays a significant role in food-related decision making.[115] Education strongly determines employment and income.[116] Similarly, individuals with higher education levels tend to have greater nutrition-related knowledge.[117] Consequently, higher education and household income are often associated with consumption patterns that adhere more closely to the ADGs.[118] Backyard and community gardens provide an opportunity for experiential learning.[119] People are able to improve their food literacy and gain knowledge about food cultivation, the natural environment and develop tangible skills.[120] Arguably, community gardens provide additional opportunities. Those involved in community gardens are often local residents, migrants and children.[121] Community gardens allow for the development of ‘food-based communities,’[122] fostering social integration between people of diverse ethnicities, cultures, religions, socioeconomic classes, genders and ages to work collectively towards food cultivation.[123] It also allows for the sharing of culturally specific agricultural and culinary knowledge among community gardeners.[124] Poor cooking skills have commonly been recognised as a barrier to healthy eating. Getting involved in community gardening provides individuals with the opportunity to learn how to cook the foods they grow.
Importantly, in both backyard and community settings, there is commonly a greater consumption of fruits and vegetables,[125] which positively influences health.[126] At minimum, there is a greater willingness to try fruits and vegetables.[127] In addition, supermarkets promote premium, unblemished fruits and vegetables which create unrealistic expectations of the aesthetic appearance of fruits and vegetables.[128] This has been identified as a significant cause of food waste.[129] Furthermore, those who grow their own food are less likely to have unrealistic expectations over the cosmetic appearance of fresh produce, promoting access to cheaper healthy food options such as local specials, seasonal food and odd-looking or irregular shaped foods,[130] such as Woolworths’ ‘The Odd Bunch’,[131] which is especially important for lower socioeconomic groups. Further research suggests that promoting healthy diets, including informing communities that healthy food can be less expensive than current food norms, is required to support vulnerable communities.[132] Additionally, the health and education benefits of UA support the empowerment of communities.
D Community Engagement
UA can promote community engagement. Strong community connections are established as people share surplus produce with neighbours.[133] Similarly, members of the community working together in a communal space for a common purpose helps to build strong relationships.[134] Furthermore, community gardening can catalyse community organisation.[135] Being involved in community gardening can provide individuals with social skills which empower them to take action on other issues in their community.[136] Gardening can also be a mechanism through which people are able to express their beliefs about how food systems should operate and how their city should look.[137] This is not limited to community gardening. People who only grow food in their own backyards contribute to the broader process of challenging the way food is produced and how land should be used in their city.[138] In Queensland, a group of guerrilla gardeners, ‘Growing Forward’, was established to challenge the capitalist structure of food in Australia by empowering communities to grow their own food. They were able to establish a community garden on vacant land in Brisbane with community support despite State government initially taking action against the garden.[139] Another couple has continued to grow herbs on their kerb instead of grass, despite a local council fine for doing so.[140]
E Sustainability
Benefits of UA are commonly linked to sustainability. People engaged in UA can produce foods in an environmentally sustainable way.[141] For example, by using composting and permaculture practices.[142] People engaged in UA commonly support environmental sustainability by composting and recycling kitchen waste instead of putting it in landfill.[143] This also improves soil quality and prevents nutrient loss.[144] UA reduces air pollution[145] by filtering airborne pollutants.[146] Evidence further suggests that UA can help mitigate the urban heat island effect as plants and trees cool nearby air through transpiration processes and offer shade from solar radiation, which also promotes efficient water use. [147] This is of increasing importance as the effects of climate change become more apparent.[148] UA is commonly argued to promote local biodiversity by providing habitats for pollinators, including bees and other beneficial organisms.[149] Furthermore, many people engaged in UA plant a diverse range of plants and herbs.[150] Some products grown in backyard gardens in Melbourne included cape gooseberries, elderflowers, gem squashes, white mulberries, babaco and many other foods not easily available in supermarkets.[151] People can engage in water-efficient UA. For example, keeping chickens for eggs is a very water efficient and high-value form of UA.[152] Food produced in backyard and community gardens promote sustainability through the reduction of food miles.[153] Importantly, this reduces greenhouse gas emissions caused by conventional farming practices and the transportation of food.[154]
V DISADVANTAGES OF URBAN AGRICULTURE
A Limited Access to Land
One of the central issues around UA is access to suitable land for growing foods.[155] In Australia, around 85% of the population lives in sprawling suburbs.[156] Therefore, many people have access to private backyard (or even front yard) spaces where people can cultivate their own food.[157] However, with the current trend of maximising house-to-land size ratios in cities,[158] alongside urban infill and urban densification,[159] finding land for food production is a growing concern. Furthermore, those with short-term access to land, such as renters, may be less inclined to establish gardens than those with long-term access to land. Community gardens have been established in areas with high-rise housing, providing access to land for food production for many.[160] Unfortunately, there are still significant challenges with access to community gardens. Importantly, a lack of room to expand and long waiting lists commonly restrict the access of local residents to community gardening.[161] A recently constructed community garden in Melbourne already has a two-year waiting list for a garden plot smaller than one square metre.[162] Fees for community garden spaces can also restrict access.[163] In Perth, a community garden was established with the aim of providing gardening space to recent immigrants and others with limited access to private garden space.[164] However, the area in Perth has become significantly gentrified over the past 25 years.[165] Consequently, as the needs and values of the surrounding community changed, so did the purpose of the community garden.[166] Now the garden operates on an allotment basis, requiring quarterly fees for use of the land, demonstrating further challenges to accessing land for food production even where community spaces are set up to increase equity and access to land.[167]
There are also significant challenges in finding and negotiating access to unused or underused land.[168] In Australia, land-use planning is the responsibility of the state, territory and local governments.[169] The Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) is the primary legislation governing land-use planning in NSW. However, the EPA Act has not been used to promote UA in strategic planning documents nor in legally enforceable environmental planning instruments, despite arguments that there is scope to do so.[170] Instead, some local councils have created policies to support food production in their local government area (LGA).[171] For example, the City of Sydney created a community gardens policy which provides guidance and support for establishing community gardens in the Sydney LGA.[172] While these policies help to facilitate the establishment of community gardens, they do not guarantee access to land and established community gardens can be removed.[173] Importantly, the establishment of a community garden may require development consent on privately owned land or NSW Government owned land.[174] Furthermore, council approval is required for establishing community gardens in public open spaces.[175] Councils are often concerned with liability.[176] Where serious concerns arise about gardens not being maintained, public safety, property damage and environmental safety, it is unlikely that council approval will be given unless adequate measures are put in place.[177] Thus, barriers to facilitating UA persist even where land is available.
B Health Risks
There are health risks which need to be considered when engaging in UA. Importantly, there are health risks associated with food that is grown in contaminated soil.[178] As food is commonly shared with neighbours or other members of the community,[179] this can pose a risk to the community by spreading foodborne illnesses.[180] Soil contaminants can come from improper use and disposal of fertilisers and pesticides as well as from by-products of industrial activity, waste dumps and in high-traffic areas which are typically in or near urban areas.[181] In fact, more than one third of backyard soil tested across Australia has unsafe levels of lead.[182] There are ways to deal with soil contamination. For example, people can get their soil tested for contaminants or used raised garden beds.[183] People can get their soil tested at VegeSafe, a community program which tests garden soil for contaminants across Australia.[184] While there are proactive measures that can be taken, these are unlikely to be utilised unless gardeners are aware of the risks. Therefore, increasing awareness is equally important.
C Lack of Knowledge and Skill
Growing food is not easy.[185] It is a long-term process which requires knowledge, manual labour and upkeep to ensure quality soil, prevent pests, maintain crops and harvest the different foods in the manner they require.[186] Soil needs to retain water, but not too much water.[187] It should have a pH between 5.5 and 7.5.[188] Soil should be nutrient rich.[189] Even when the soil is well-suited to growing plants, different plants grow better in different environmental conditions.[190] Some plants are better adapted to frost, heatwave, drought, wind and other changing environmental conditions.[191] Many plants need several hours of sunshine to grow, while some require more shade.[192] Given the multitude of variable factors that affect the success of plants, it is easy to understand why people with less gardening experience are more likely to encounter failure.[193] Unfortunately, the disappointment of failing to grow food can cause people to give up gardening.[194] Likewise, those without knowledge or skill may not be engaging in sustainable practices. Experienced gardeners are also more likely to have a more productive use of smaller spaces than inexperienced gardeners.[195] Furthermore, many gardeners lack the skill and knowledge on how to properly deal with animals and pests.[196] As discussed, improper use of pesticides (and fertilisers) can have serious health consequences. However, these difficulties can be overcome. Many are able to learn how to grow food through experimentation, learning as they go and acquiring knowledge and skills from others.[197]
D Practical Challenges
There are many practical challenges to UA. Saving money on fresh produce is a common motivation for people getting involved in gardening.[198] However, there is still a monetary cost involved which can operate as a barrier to engagement with UA. People usually need to spend money to establish their garden. While the costs can vary significantly, a recent study of gardeners in Australia found the median cost was AUD$500.[199] This provides a significant barrier to UA, which is exacerbated for low-income families.[200] There are also on-going costs associated with watering or irrigation, seeds and/or seedlings and various garden supplies.[201] However, low-cost and sustainable gardening methods can be used to alleviate ongoing costs.[202] Another significant barrier to UA is time. Australians are time scarce.[203] Australians have one of the longest working weeks in the industrialised world,[204] and many Australians are spending less time playing, eating, preparing food and sleeping than a decade ago.[205] As previously discussed, there is cheap and convenient food readily available in supermarkets and at fast-food chains.[206] Alternatively, gardening takes time. A study revealed that gardeners typically spend four hours per week gardening.[207] In this context, it is easy to see why engaging in UA is not a priority for many Australians.[208] This is likely to have greater impact on low-income families, particularly single mothers who are unlikely to have time to grow food, given many already struggle to find time to make home-cooked meals.[209]
VI WHAT APPROACH SHOULD BE TAKEN TO URBAN AGRICULTURE?
A Land-Use Planning
UA needs to be incorporated into land-use planning.[210] In Australia, agricultural production has commonly been perceived as an important rural, not urban, activity.[211] The NSW government has developed many planning strategies for the Sydney metropolitan area over the past decades.[212] These plans, including the 2017 ‘Towards Our Greater Sydney 2056’ plan, focus on improving access to public transport and available housing for a growing population, and fail to provide adequate protections for land suitable to UA.[213] Given the role that UA can play in promoting food security, public health, environmental sustainability, education and community engagement, incorporating UA into land-planning provides a proactive approach to mitigating social and environmental issues present in Australia.[214] As above, the capacity exists for UA in land-use planning in NSW under the EPA Act.[215] It should be used to ensure that people have access to suitable, uncontaminated land to grow their own food on.[216]
B Collaborative Approach
New approaches to UA should be done with collaborative initiatives involving community, industry and local, state and federal governments in order for UA to prosper.[217] One of the benefits of UA is that localised food production helps to eliminate many of the issues of the modern food system.[218] For example, food grown in backyards and community gardens do not rely heavily on fuel or complex supply chains which are poorly adapted to natural disasters, political conflicts, and other events.[219] Backyard and community gardens also enable productive uses of small parcels of land.[220] While these gardens are an important source of fresh produce, they are unlikely to provide all of the food needs of households and communities.[221] Support from government, industry and community therefore has the ability to promote UA as part of a larger movement of structural change in the food landscape towards food equity and sustainability.[222]
C Mitigating Disadvantages
Strategies to promote and implement UA need to be done in a way that is cognizant of the factors which prevent access to UA, particularly for low-income families. As discussed, there are many barriers to UA, including access to land, time, money, knowledge and skills. Of these barriers, a lack of time is likely to be the hardest challenge to mitigate.[223] Nevertheless, there are strategies that can be implemented to promote UA equitably. First, as discussed, land-use planning should be used to ensure that all persons, particularly those who do not own land, have access to suitable land for UA. Second, the provision of information, advice and resources should be readily available to encourage individuals to voluntarily get involved in UA.[224] For example, as part of their Green Heart City Smart programme, Brisbane City Council offered an educational programme on sustainability which promoted home-grown food across Brisbane.[225] Similar programs could be adopted across Australia to encourage people to get involved in UA. Third, access to free or subsidised gardening materials should be provided to low-income families in order to reduce the cost of setting up gardens. Similarly, free non-hybrid seeds should be provided to the residents of LGAs as a method of encouraging and improving access to UA.[226] These suggestions aim to facilitate UA in an equitable manner by addressing some of the main barriers preventing individuals from getting involved in UA.
D Simplifying Regulation of Urban Agriculture
There is no national UA regulatory framework. Instead, UA is regulated through a mix of local, state and federal laws which impact on different aspects of UA. For example, land-zoning instruments impact which agricultural activity can be carried out on land.[227] Likewise, local councils have different regulations for UA. In Penrith LGA, there is a maximum of 10 backyard chickens,[228] while in Willoughby LGA, there is a maximum of 5 backyard chickens.[229] Bees, conversely, are regulated under the Biosecurity Act 2015 (NSW). Pesticides are regulated at point-of-sale under the Pesticides Act 1999 (NSW) and the Pesticides Regulation 2017 (NSW), while disposal of pesticides are managed jointly by local governments and the NSW Environmental Protection Authority.[230] These examples demonstrate the complexity of the regulatory framework around UA. However, the legal sphere is further complicated as UA itself challenges traditional boundaries between the use of public and private land.[231] Given the fragmented regulatory framework surrounding UA, the regulations should be simplified, or at least consolidated, in order to promote UA.
UA can be broadly understood as growing food in cities. This essay focused on UA in the form of backyard and community gardens. This essay discussed the importance of UA in the Australian context, specifically in relation to increasing social and environmental concerns. This essay does not argue that UA alone will be able to resolve all of the complex issues facing Australian society. Rather, this essay argues that UA has many benefits for the environment, the holistic wellbeing of those living in urban areas and addressing issues prevalent in the modern food system. These include promoting food security, providing health benefits, being a source of education, encouraging community engagement and supporting sustainable food production. However, there are also several challenges to urban agriculture that need to be recognised in order to facilitate UA in an equitable manner. These challenges include access to space for gardening, health risks and a lack of knowledge and skill. Additionally, gardeners must invest time and money into establishing and maintaining gardens. While there are some provisions for UA in various legislation in Australia, it has not been a priority for those in power. Increased awareness, planning, and community engagement is required to increase UA in Australia. Thus, UA should be utilised as a tool to promote sustainability for current and future generations. Accordingly, “sustainable prosperity is possible, but not predestined. Australia is free to choose.”[232]
[1] Leonie J Pearson, Linda Pearson and Craig J Pearson, ‘Sustainable Urban Agriculture: Stocktake and Opportunities’ (2010) 8(1-2) International Journal of Agricultural Sustainability 7, 7.
[2] Nicolette Larder, Kristen Lyons and Geoff Woolcock, ‘Enacting Food Sovereignty: Values and Meanings in the Act of Domestic Food Production in Urban Australia’ (2014) 19(1) Local Environment 56, 57.
[3] Anna Evers and Nicole Louise Hodgson, ‘Food Choices and Local Food Access Among Perth's Community Gardeners’ (2011) 16(6) Local Environment 585, 590.
[4] Ibid 585.
[5] Australian Bureau of Agricultural and Resource Economic and Sciences, Australian Food Security and the COVID-19 Pandemic (Report No 3, 2020) 2.
[6] Rachel Carey, Maureen Murphy and Leila Alexandra, ‘Australia’s Risky Food Supply Chains,’ The University of Melbourne (Web Page, 4 March 2022) <https://pursuit.unimelb.edu.au/articles/australia-s-risky-food-supply-chains>.
[7] Ibid.
[8] Katherine Kent et al, ‘More Tasmanians started growing their own food during the COVID-19 pandemic,’ The University of Tasmania Institute for Social Change (Web Page, 23 June 2020) <https://blogs.utas.edu.au/isc/files/2020/06/20.-Growing-catching-and-hunting-food.pdf>.
[9] Anna Evers (n 3) 586.
[10] Australian Bureau of Agricultural and Resource Economic and Sciences (n 5) 2.
[11] Adrian H Hearn and Nick Rose, ‘Food Systems and the Role of Local Government,’ (2017) Melbourne: SUSTAIN, 14.
[12] Bin Wang et al, ‘Australian Wheat Production Expected to Decrease by the Late 21st Century’ (2018) 24(6) Global Change Biology 2403, 2404.
[13] Michael Buxton and Andrew Butt, The Future of the Fringe: the Crisis in Peri-Urban Planning (CSIRO Publishing, 2020) 37.
[14] Joanne Millar and Jane Roots, ‘Changes in Australian Agriculture and Land Use: Implications for Future Food Security’ (2012) 10(1) International Journal of Agricultural Sustainability 25, 26.
[15] Sam Hollier, 'As things stand, food security still also requires fuel security' The Canberra Times (online, 18 May 2022) <https://www.canberratimes.com.au/story/7731333/as-things-stand-food-security-still-also-requires-fuel-security/>.
[16] Anna Evers (n 3) 586.
[17] ‘Hunger Report 2021,’ Foodbank Australia (Web Page, October 2021) <https://www.foodbank.org.au/hunger-in-australia/the-facts/?state=nsw-act>.
[18] Anna Evers (n 3) 586.
[19] Liesel Spencer, ‘Farming the City: Urban Agriculture, Planning Law and Food Consumption Choices’ (2014) 39(2) Alternative Law Journal 120, 123.
[20] Anna Evers (n 3) 587.
[21] Zainil Zainuddin and David Mercer, ‘Domestic Residential Garden Food Production in Melbourne, Australia: a Fine-Grained Analysis and Pilot Study’ (2014) 45(4) Australian Geographer 465, 469.
[22] Adrian H Hearn (n 11) 9.
[23] Australian Bureau of Statistics, Overweight and Obesity 2017-18 (Catalogue No 4364.0.55.001, 12 December 2018).
[24] Australian Institute of Health and Welfare, Poor Diet (Report, 19 July 2019) 2.
[25] Meron Lewis et al, ‘A Systematic Scoping Review of the Habitual Dietary Costs in Low Socioeconomic Groups Compared to High Socioeconomic Groups in Australia’ (2020) 19(1) Nutrition Journal 139, 140.
[26] Australian Institute of Health and Welfare (n 24) 2.
[27] Brandon I, Phillip Baker and Mark Lawrence, ‘Have We Compromised Too Much? A Critical Analysis of Nutrition Policy in Australia 2007–2018’ (2021) 24(4) Public Health Nutrition 755, 755.
[28] Christine Kettings, Andrew J Sinclair and Melanie Voevodin, ‘A Healthy Diet Consistent with Australian Health Recommendations Is Too Expensive for Welfare-Dependent Families’ (2009) 33(6) Australian and New Zealand Journal of Public Health 566, 566.
[29] Ferne Edwards et al, ‘Climate Change Adaptation at the Intersection of Food and Health’ (2011) 23(2) Asia-Pacific Journal of Public Health 91S, 95S-96S.
[30] Liesel Spencer (n 19) 123.
[31] Adrian H Hearn (n 11) 5.
[32] Ferne Edwards (n 29) 93S.
[33] ‘Natural Disaster Declarations,' NSW Government (Web Page, 5 April 2022) <https://www.nsw.gov.au/disaster-recovery/natural-disaster-declarations>.
[34] Ferne Edwards (n 29) 93S.
[35] Bin Wang (n 12) 2411.
[36] Joanne Millar (n 14) 33-34.
[37] Nicolette Larder (n 2) 58-59.
[38] Noemi Mancosu et al, ‘Water Scarcity and Future Challenges for Food Production’ (2015) 7(12) Water (Basel) 975, 976.
[39] Nicolette Larder (n 2) 58-59.
[40] Joanne Millar (n 14) 33-34.
[41] Adrian H Hearn (n 11) 19.
[42] Ferne Edwards (n 29) 93S-94S.
[43] Laura Wynne, Dana Cordell and Brent Jacobs, ‘Peri-urban farmland: not just suburbs in waiting’ (2019) New Planner Journal, 10-11.
[44] David Mason and Ian Knowd, ‘The Emergence of Urban Agriculture: Sydney, Australia’ (2010) 8(1-2) International Journal of Agricultural Sustainability 62, 64.
[45] John Merson et al, ‘The Challenges to Urban Agriculture in the Sydney Basin and Lower Blue Mountains Region of Australia’ (2010) 8(1-2) International Journal of Agricultural Sustainability 72, 78.
[46] Adrian H Hearn (n 11) 5.
[47] Joanne Millar (n 14) 28.
[48] Linda Corkery, Paul Osmond and Peter Williams, ‘Legal Frameworks for Urban Agriculture: Sydney Case Study’ (2021) 13(3) Journal of Property, Planning and Environmental Law 218, 224.
[49] Nicolette Larder (n 2) 58.
[50] Michael Buxton (n 13) 113.
[51] Ibid.
[52] Joanne Millar (n 14) 29.
[53] Zainil Zainuddin (n 21) 466.
[54] Joanne Millar (n 14) 29.
[55] Linda Corkery (n 48) 218-219.
[56] Laura Wynne (n 43) 10-11.
[57] David Mason (n 44) 64-65.
[58] Sarah W James, ‘Beyond 'local' Food: How Supermarkets and Consumer Choice Affect the Economic Viability of Small-Scale Family Farms in Sydney, Australia’ (2016) 48(1) Area (London 1969) 103, 104.
[59] Brian R Stockwell et al, ‘Peri-Urban Food Futures: Opportunities and Challenges to Reconfiguring Sustainable Local Agri-Food Value Chains on the Sunshine Coast, Australia’ (2013) 4(1) Journal Of Agriculture, Food Systems, and Community Development 123, 128.
[60] Liesel Spencer (n 19) 123.
[61] Philippa J Settle, Adrian J Cameron and Lukar E Thornton, ‘Socioeconomic Differences in Outdoor Food Advertising at Public Transit Stops Across Melbourne Suburbs’ (2014) 38(5) Australian and New Zealand Journal of Public Health 414, 414.
[62] Liesel Spencer (n 19) 123.
[63] Ros Sambell et al, ‘Local Challenges and Successes Associated with Transitioning to Sustainable Food System Practices for a West Australian Context: Multi-Sector Stakeholder Perceptions’ (2019) 16(11) International Journal of Environmental Research and Public Health 2051, 2059.
[64] Zainil Zainuddin (n 21) 467.
[65] Ibid.
[66] Zainil Zainuddin (n 21) 467-468.
[67] Ibid.
[68] Maria Bruna Zolin, Danilo Cavapozzi and Martina Mazzarolo, ‘Food Security and Trade Policies: Evidence from the Milk Sector Case Study’ (2021) 123(13) British Food Journal (1966) 59, 59.
[69] Australian Bureau of Agricultural and Resource Economic and Sciences (n 5) 2.
[70] Nathan Morris, ‘Russia-Ukraine conflict could add pressure to Australia's 'skyrocketing' farm costs,’ ABC News (online, 27 February 2022) <https://www.abc.net.au/news/2022-02-27/russia-ukraine-conflict-could-add-pressure-to-high-farm-costs/100805320>.
[71] Lora Jones, ‘Five ways the Ukraine war could push up prices’ BBC News (online, 7 March 2022) <https://www.bbc.com/news/business-60509453>.
[72] Margot Roosevelt and Samantha Masunaga, ‘Small Businesses Hit by Inflation and Supply Snags; After Wading through COVID, Owners Face Quandary of Passing Costs on to Consumer’, The Los Angeles Times (Los Angeles, California, 2021).
[73] Megan Horst, Nathan McClintock and Lesli Hoey, ‘The Intersection of Planning, Urban Agriculture, and Food Justice: A Review of the Literature’ (2017) 83(3) Journal of the American Planning Association 277, 280.
[74] Rachel J Slater, ‘Urban Agriculture, Gender and Empowerment: An Alternative View’ (2001) 18(5) Development Southern Africa (Sandton, South Africa) 635, 642.
[75] Lauren Chenarides et al, ‘Who Practices Urban Agriculture? An Empirical Analysis of Participation before and During the COVID‐19 Pandemic’ (2021) 37(1) Agribusiness (New York, N.Y.) 142, 144.
[76] Nicolette Larder (n 2) 58.
[77] Raychel Santo, Anne Palmer and Brent Kim, ‘Vacant Lots to Vibrant Plots: A Review of the Benefits and Limitations of Urban Agriculture’ (Report, John Hopkins Centre for a Livable Future, 1 January 2016) 1.
[78] Lauren Chenarides (n 75) 144.
[79] Megan Horst (n 73) 280.
[80] Leigh Holland, ‘Diversity and Connections in Community Gardens: a Contribution to Local Sustainability’ (2004) 9(3) Local Environment 285, 291.
[81] Verity Linehan et all, 'Food Demand to 2050: Opportunities for Australian Agriculture' (Conference Paper, ABARES Outlook Conference, 6-7 March 2012).
[82] Raychel Santo (n 77) 14.
[83] Anna Evers (n 3) 598.
[84] Raychel Santo (n 77) 10.
[85] Zainil Zainuddin (n 21) 467-468.
[86] Australian Bureau of Agricultural and Resource Economic and Sciences (n 5) 2.
[87] 'Australian Agricultural and Rural Life', State Library New South Wales (Web Page) <https://www.sl.nsw.gov.au/stories/australian-agricultural-and-rural-life/natural-disasters#:~:text=Australia%20is%20famously%20a%20land,for%20those%20on%20the%20land>.
[88] Ibid.
[89] Adrian H Hearn (n 11) 19.
[90] Brian R Stockwell (n 59) 125.
[91] Megan Horst (n 73) 280.
[92] Zainil Zainuddin (n 21) 465.
[93] Anna Evers (n 3) 586.
[94] Amanda J Lee et al, ‘Testing the Price and Affordability of Healthy and Current (unhealthy) Diets and the Potential Impacts of Policy Change in Australia’ (2016) 16(1) BMC Public Health 315, 316.
[95] Peter G Williams, ‘Can the Poor in Australia Afford Healthy Food?’ (2011) 68(1) Nutrition & Dietetics 6, 6.
[96] Meron Lewis (n 25) 140.
[97] Ferne Edwards (n 29) 95S-96S.
[98] Meron Lewis (n 25) 140.
[99] Leonie J Pearson (n 1) 10.
[100] Megan Horst (n 73) 281.
[101] David Pearson, Sharon Friel and Mark Lawrence, ‘Building Environmentally Sustainable Food Systems on Informed Citizen Choices: Evidence from Australia’ (2014) 30(3) Biological Agriculture & Horticulture 183, 191.
[102] Bradley G Ridoutt et al, ‘Diet Quality and Water Scarcity: Evidence from a Large Australian Population Health Survey’ (2019) 11(8) Nutrients 1846, 1844.
[103] Megan Horst (n 73) 281; Mahbubur Meenar, Alfonso Morales and Leonard Bonarek, ‘Regulatory Practices of Urban Agriculture: A Connection to Planning and Policy’ (2017) 83(4) Journal of the American Planning Association 389, 392.
[104] Adrian H Hearn (n 11) 21.
[105] Australian Institute of Health and Welfare (n 24) 3.
[106] Adrian H Hearn (n 11) 8.
[107] Leonie J Pearson (n 1) 10.
[108] Megan Horst (n 73) 282.
[109] Raychel Santo (n 77) 11-12.
[110] Adrian H Hearn (n 11) 9.
[111] Mahbubur Meenar (n 103) 391.
[112] Rachel J Slater (n 74) 643.
[113] Kevin G Arellano, Manon O’Neill and Chi Tran, 'Reimagining a Climate Changed Future: Local Examples of Community-Based Transformative Action' (Report, Sydney Environment Institute, 01 December 2021) 24.
[114] Anna Evers (n 3) 599.
[115] Dana Lee Olstad et al, ‘Are Dietary Inequalities Among Australian Adults Changing? a Nationally Representative Analysis of Dietary Change According to Socioeconomic Position Between 1995 and 2011-13’ (2018) 15(1) The International Journal of Behavioral Nutrition and Physical Activity 30, 45.
[116] Ibid.
[117] Ibid.
[118] Danielle Venn et al, ‘Social Determinants of Household Food Expenditure in Australia: The Role of Education, Income, Geography and Time’ (2018) 21(5) Public Health Nutrition 902, 902.
[119] Ina Opitz et al, ‘Contributing to Food Security in Urban Areas: Differences Between Urban Agriculture and Peri-Urban Agriculture in the Global North’ (2015) 33(2) Agriculture and Human Values 341, 348.
[120] Megan Horst (n 73) 282.
[121] Ina Optiz (n 119) 348.
[122] Nicolette Larder (n 2) 67-68.
[123] Raychel Santo (n 77) 4.
[124] Megan Horst (n 73) 282.
[125] Raychel Santo (n 77) 13.
[126] Adrian H Hearn (n 11) 9.
[127] Raychel Santo (n 77) 13.
[128] Tara J McKenzie, Lila Singh-Peterson and Steven JR Underhill, ‘Quantifying Postharvest Loss and the Implication of Market-Based Decisions: A Case Study of Two Commercial Domestic Tomato Supply Chains in Queensland, Australia’ (2017) 3(3) Horticulturae 44, 45.
[129] Ibid.
[130] Amanda J Lee (n 94) 333.
[131] 'Woolworths The Odd Bunch, not quite perfect looking fruit and vegetables,' Woolworths Group (Web Page, 20 November 2014) <https://www.woolworthsgroup.com.au/page/media/Latest_News/Woolworths_The_Odd_Bunch_not_quite_perfect_looking_fruit_and_vegetables/#:~:text=The%20Odd%20Bunch%20produce%20is%20just%20as%20delicious,helping%20Australians%20increase%20their%20consumption%20of%20fresh%20food>.
[132] Amanda J Lee (n 94) 333.
[133] Zainil Zainuddin (n 21) 480.
[134] Raychel Santo (n 77) 4.
[135] Mark Purcell and Shannon K Tyman, ‘Cultivating Food as a Right to the City’ (2015) 20(10) Local Environment 1132, 1137.
[136] Raychel Santo (n 77) 6-7.
[137] Nicolette Larder (n 2), 67.
[138] Ibid 67-68.
[139] Kevin G Arellano (n 113) 11-12.
[140] Nicolette Larder (n 2) 66.
[141] Liesel Spencer (n 19) 124.
[142] Zainil Zainuddin (n 21) 473.
[143] Ina Optiz (n 119) 347.
[144] Leonie J Pearson (n 1) 11.
[145] Mahbubur Meenar (n 103) 393.
[146] Raychel Santo (n 77) 8-9.
[147] Ibid.
[148] Ibid.
[149] Raychel Santo (n 77) 8-9.
[150] Zainil Zainuddin (n 21) 473.
[151] Ibid.
[152] Georgia Pollard, James Ward and Philip Roetman, ‘Typically Diverse: The Nature of Urban Agriculture in South Australia’ (2018) 10(4) Sustainability (Basel, Switzerland) 945, 954.
[153] Leigh Holland (n 80) 290.
[154] Raychel Santo (n 77) 8-9.
[155] Liesel Spencer (n 19) 121.
[156] Adrian H Hearn et al, ‘Digging up the Past: Urban Agriculture Narratives in Melbourne and São Paulo’ (2021) 14(3) Journal of Urbanism 309, 317.
[157] Ibid.
[158] Nicolette Larder (n 2) 63-64.
[159] Anna Evers (n 3) 598-99.
[160] Anna Evers (n 3) 598-99.
[161] Adrian H Hearn (n 156) 310.
[162] Ibid 318-319.
[163] Lauren Chenarides (n 75) 154.
[164] Anna Evers (n 3) 591-592.
[165] Ibid.
[166] Ibid.
[167] Ibid.
[168] Linda Corkery (n 48) 219.
[169] Joanne Millar (n 14) 36.
[170] Linda Corkery (n 48) 224-227.
[171] Michael Mobbs, Sustainable Food (NewSouth Publishing, 2012), 200.
[172] 'Community Gardens Policy', The City of Sydney (Web Page, 29 February 2016) <https://www.cityofsydney.nsw.gov.au/policies/community-gardens-policy>.
[173] Ibid.
[174] 'Community Garden Guidelines', The City of Sydney (Web Page, February 2016) <https://www.cityofsydney.nsw.gov.au/policies/community-gardens-policy>.
[175] Ibid.
[176] Michael Mobbs (n 171) 203.
[177] Russ Grayson, 'Community Gardens: council concerns,' Community Gardens Australia (Blog Post, 12 December 2017) <https://www.communitygarden.org.au/2017/12/community-gardens-council-concerns/>.
[178] Mahbubur Meenar (n 103) 393.
[179] Zainil Zainuddin (n 21) 480.
[180] Mahbubur Meenar (n 103) 393.
[181] Raychel Santo (n 77) 12.
[182] Mark Taylor, Cynthia Isley and Kara Fry, ‘One-third of backyard soil unsafe for vegies’, Macquarie University (Web Page, 10 May 2021) <https://www.mq.edu.au/faculty-of-science-and-engineering/news/news/one-third-of-backyard-soil-unsafe-to-grow-vegies>.
[183] Mahbubur Meenar (n 103) 393.
[184] See www.360dustanalysis.com to access the VegeSafe program.
[185] From my own personal experience.
[186] Lauren Chenarides (n 75) 155.
[187] Mary Horsfall, Australian Garden Rescue: Restoring a Damaged Garden (CSIRO Publishing, 2014).
[188] Ibid 26.
[189] Ibid.
[190] Ibid 34.
[191] Ibid 76.
[192] Ibid 71.
[193] Georgia Pollard (n 152) 957-959.
[194] Ibid.
[195] Georgia Pollard (n 152) 957-959.
[196] Ibid.
[197] Ina Optiz (n 119) 348.
[198] Zainil Zainuddin (n 21) 479-80.
[199] Georgia Pollard (n 152) 957-959.
[200] Ibid.
[201] Ina Optiz (n 119) 347.
[202] Ibid.
[203] Liesel Spencer (n 19) 124.
[204] David Pearson (n 101) 191.
[205] Lyndall Strazdins et al, ‘Time Scarcity: Another Health Inequality?’ (2011) 43(3) Environment and Planning A 545, 555.
[206] Liesel Spencer (n 19) 123.
[207] Georgia Pollard (n 152) 955.
[208] David Pearson (n 101) 191.
[209] Natalie Jovanovski and Kay Cook, ‘How Australian Welfare Reforms Shape Low-Income Single Mothers' Food Provisioning Practices and Their Children's Nutritional Health’ (2020) 30(3) Critical Public Health 340, 341.
[210] Zainil Zainuddin (n 21) 481.
[211] Raychel Santo (n 77) 3.
[212] Michael Buxton (n 13) 78.
[213] Ibid 78.
[214] Kevin Morgan, ‘Feeding the City: The Challenge of Urban Food Planning’ (2009) 14(4) International Planning Studies 341, 343.
[215] Linda Corkery (n 48) 224- 227.
[216] Zainil Zainuddin (n 21) 481.
[217] Brian R Stockwell (n 59) 136.
[218] Kevin Morgan (n 214) 345.
[219] Zainil Zainuddin (n 21) 467-468.
[220] Russ Grayson, 'Design Guidelines for Street Verge Gardens,' Community Gardens Australia (Blog Post, 26 February 2021) <https://www.communitygarden.org.au/2021/02/verge-gardens/>.
[221] Megan Horst (n 73) 281.
[222] Kevin Morgan (n 214) 345.
[223] Anna Evers (n 3) 597.
[224] Leonie J Pearson (n 1) 13.
[225] Nicolette Larder (n 2) 67.
[226] Zainil Zainuddin (n 21) 481.
[227] Linda Corkery (n 48) 226.
[228] ‘Responsible Pet Ownership’, Penrith City Council (Web Page, 17 December 2018) <https://www.penrithcity.nsw.gov.au/services/animal-services/responsible-pet-ownership>.
[229] ‘Keeping Backyard Chickens’, Willoughby City Council (Web Page) <https://www.willoughby.nsw.gov.au/Environment/Sustainable-Living/Food-and-Garden/Keeping-Backyard-Chickens#:~:text=%E2%80%9CWe%20love%20having%20chickens%2C%20they,and%20it's%20an%20everyday%20task>.
[230] Linda Corkery (n 48) 223.
[231] Raychel Santo (n 77) 4-6.
[232] Steve Hatfield-Dodds et al, ‘Australia Is 'free to Choose' Economic Growth and Falling Environmental Pressures’ (2015) 527(7576) Nature (London) 49, 52.
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