COGS Community Gardens

COGS Constitution – Appendix 2

Code of Ethics

It is the intention of COGS that its community gardens will demonstrate the practical application of organic gardening principles and be an example of community cooperation.
Garden committees are to administer the gardens to promote a spirit of harmony, fair-mindedness and goodwill amongst garden members.

Plot holders are to:

• conduct themselves in a spirit of harmony, fairmindedness, and goodwill
• be mindful that COGS’ gardens are located on public land which is made available for their private use
• keep in mind the impact of their decisions and actions on fellow gardeners; and
• ensure their plots are in an improved organic condition when they leave.

General Rules

The rules set out below apply to COGS’ community gardens. Garden committees may make additional rules to address local conditions. Additional rules must be submitted to COGS’ Secretary for committee endorsement.

Organic principles

• [1] Organic gardening principles must always be complied with in the community gardens. Non-organic pesticides, herbicides or inorganic fertilisers are not to be used.
• [2] The organic principles for COGS’ gardens draw on the National Standard for Organic and Bio-Dynamic Produce (edition 3.7 September 2016); recommendations for allowable inputs are set out on the COGS’ website.

Garden members

• [3] Garden members must be financial members of COGS.
• [4] A COGS’ member may be allocated a plot in one garden at a time.
• [5] Garden members must not interfere with other plots or other members’ property.
• [6] Garden members may not remove COGS’ property from any garden without the permission of the garden committee.
• [7] Garden members are responsible for the actions of Associate Members linked to their membership, their children, pets, and guests.
• [8] Garden members shall not grow produce for commercial sale or engage in other commercial activities at the garden.
• [9] All garden members must abide by rules relating to watering issued by ICON Water or the COGS’ committee and all relevant ACT laws.
• [10] Damage to garden equipment must be reported immediately to the Convenor or a garden committee member.
• [11] Garden members must inform the Convenor when plots are no longer required and ensure that their gate key (if used) is returned.
• [12] Plots cannot be transferred between members.
• [13] It is the responsibility of a gardener to let the Convenor know if they expect to be away or unable to work their plot for health or other reasons for more than two months.
• [14] Fires for burning rubbish are not permitted. Cooking fires are permitted within a designated firepit area and must be conducted in accordance with relevant warnings and fire bans.
• [15] Livestock of any kind, including poultry, cannot be kept in a COGS’ garden.
• [16] Beehives belonging to a registered beekeeper may be kept in a garden with unanimous agreement of garden members. The hives remain the responsibility of the beekeeper.
• [17] Permanent structures are not permitted on plots. Portable lockers for equipment storage not exceeding 1.5m width, 1m depth and 0.5m in height are allowed.
• [18] Camping and vehicle or trailer storage is not permitted in COGS’ gardens. Materials not specifically related to garden activities cannot be stored in COGS’ gardens.
• [19] It is the responsibility of the last plot holder leaving a garden to lock gates and sheds and turn off the water, regardless of whether the plot holder opened them or turned on the water.

Convenors and garden committees

• [20] The members of each garden must elect a garden Convenor (chair) and a garden committee in accordance with Part IV of the constitution. The names of these people and the positions to which they have been elected must be given to the Community Garden Coordinator within 14 days of the election.
• [21] The garden committee is responsible for plot allocation and keeping a register of plot holders, a list of vacant plots and a listing of applicants for plots, and for the safe keeping and allocation of garden keys if keys are used.
• [22] Additional local garden rules will cover the operation of the garden and may include such matters as:
  • access of dogs and cats to community gardens
  • maximum size of plot holdings
  • disposal of weeds and rubbish
  • cultivation of canes and other invasive species, including prohibition of specific plants
  • maintenance, including working bees, and emergency procedures; and
  • use, cleaning, repair, and replacement of garden equipment.

Disputes and infringements of rules

• [23] Garden Convenors should act as mediator in resolving disputes between gardeners in line with the dispute resolution process set out in the Convenors’ handbook.
• [24] Infringements of the garden rules should in the first instance be dealt with by the garden committee in line with the dispute resolution process set out in the Convenors’ handbook. If unresolved, these should be brought to the attention of the COGS’ committee by the garden convenor for resolution.

Unkempt and abandoned plots

• [25] The holder of a plot which in the reasonable opinion of the garden committee, has been overgrown or neglected for two months or more, may be given notice by the garden Convenor by post or email that the condition of the plot must be rectified within 30 days of receipt of the notice to the standard of a reasonably well-maintained plot. If the plot has not been rectified to that standard within 30 days, it may be resumed by written notice from the garden Convenor to the plot holder. Plot fees will not be refunded.
• [26] Any plot which in the reasonable opinion of the garden committee has been abandoned, may be resumed by the committee by giving written notice to the plot holder at their last known email or postal address. Resumption will take effect upon the giving of the notice.

COGS Garden Watering Rules

The COGS Community Garden Watering Rules are based on the ICON Water Permanent Water Conservation Measures with extra rules specifically for COGS Gardens and include an exemption from Icon’s measures on the restricted hours for the use of drippers.  In the interests of water conservation, COGS does not permit the use of sprinklers in Gardens at any time, even during those periods permitted under the ICON Permanent Water Conservation Measures.  

The ICON Water Permanent Water Conservation Measures currently in place apply in the ACT and are mandatory and enforceable. Anyone found in breach of the measures may be liable for a fine.

COGS Garden watering rules are:

• Gardeners are allowed to use the following watering methods at all times of the day:
  • A handheld hose fitted with a nozzle;
  • A bucket or watering can;
  • A drip irrigation system;
• Gardeners are not permitted to use sprinklers at any time.
• Tap timers are not allowed in COGS Gardens.
• Hoses and drippers must be disconnected from the tap when not in use.
• No unattended watering is allowed in COGS gardens. You must always be present while you are watering (including when using drippers) unless you have specifically delegated this responsibility to another gardener who is prepared to take on the responsibility for abiding by the rules. 
• When watering gardeners should not cause pooling or runoff.
• The water must be turned off at the main meter when no one is in the Garden. This is the responsibility of the last gardener to leave.

Failure to comply with these rules will result in an official warning from either the garden Convenor or the COGS committee and could lead to forfeiture of your plot and eviction from the Garden for repeatedly not complying with the rules.  Ignorance is no excuse. All plot holders are responsible for knowing what the watering rules are.  Some examples of practices which contravene the watering rules, but gardeners have attempted to excuse, are: 

• Leaving the hose running on the ground while they are working in their plot
• Taking the nozzle off the hose to water
• Filling trenches with water
• Using a sprinkler
• Leaving drippers on while they leave the Garden

The COGS General Community Garden Rules (See Appendix 2 of the COGS Constitution at clause 1) do not permit the use of non-organic pesticides, herbicides or inorganic fertilisers on Garden plots. The use of organic principles for COGS gardens draw on the National Standard for Organic and BioDynamic Produce. Recommendations for allowable inputs are set on the COGS’ website here: Recommendations for selecting inputs for organic gardens – Canberra Organic Growers Society

COGS permits the use of Australian Certified Organic (ACO) registered organic herbicides in common areas of a community garden (eg pathways) provided their use is approved by the relevant garden committee and is compliant with the restrictions in the ACO standard. Registered organic herbicides are only to be used as a last resort and are subject to strict conditions of usage including application and clean up to fully protect garden plots and minimise risks to soil life (eg earthworms).

The use of rat poison and baits is banned.

Further information on pest management is available on the COGS website:

• Integrated Pest Management – Canberra Organic Growers Society
• Weed Management

Keeping of Livestock (Including Poultry) in COGS Gardens

The keeping of livestock including poultry has been banned in COGS gardens on ACT government land since the renewal of the 10 year licence with the ACT government in December 2020. The ban applies to all COGS gardens, including those not covered by the licence due to its inclusion in the COGS Constitution.

Wildlife Friendly Netting in COGS Gardens

In 2014 the COGS committee set a standard for wildlife friendly netting in Gardens, consistent with the ACT Government policies. Monofilament netting (as set out in the document) was banned from all COGS Community Gardens in September 2014.  An information sheet on netting and wildlife can be accessed at: ACT Government Recommendations for Wildlife Friendly Netting

Thin nylon (monofilament) netting (as pictured) is banned across the ACT and must not be used in COGS Gardens as it is easily pulled out of shape by an animal climbing or landing on it, causing the animal to become entangled even if the material is stretched tightly.

The ACT Government banned non-wildlife friendly animal netting through the Nature Conservation Amendment Act 2023. To ensure the safety of native wildlife visiting your garden, netting should have a mesh size of 5mm x 5mm or smaller. This means you should not be able to put your finger through the mesh. Fines may be issued to residents and businesses who do not follow these laws.

Once entangled, birds and flying-foxes become stressed, breaking bones and tearing wing membranes as they struggle to get free. The monofilament line can cut into the animal causing deep wounds and even stop circulation. Snakes and lizards are not able to free themselves. Ultimately, these injuries can lead to shock and death, particularly if the animal is trapped for a long time.

Wildlife friendly netting can be purchased from selected nurseries and via the net.

Good netting design

Proper installation of netting could mean the difference between life and death of our local wildlife. Therefore, if you must put up netting, take note of the following:

• Use a durable knitted netting with a mesh size of 5mm or less or, as an inexpensive alternative, 30% blockout shade-cloth. 
• When estimating how much netting is needed, allow enough for it to be firmly attached to the ground.
• White netting is best as it stands out against the foliage of the fruit trees and produce. This will make it easier for the bird or flying fox to see it.  Black netting and dark coloured netting must not be used.
• Stretch the netting taut over the frame and peg it securely to the ground.  If the netting is loose or easily loses its shape, it is more likely to act as a trap for wildlife.
• Put velcro or tie one side of the net to the frame to allow access to the garden plot or fruit. Tent pegs, or any heavy objects (e.g. bricks) wrapped in the ends of the netting, can be used to keep the netting tensioned over the frame and stop animals and snakes from getting under the net. Clothes pegs and tie wire can also be used to stop the net slipping and sagging on the frame to form traps. The more places that the netting is held in position, the more even the tension of the netting will be on the frame.

• The frame may be constructed of timber, metal or lengths of polythene pipe inserted over star pickets driven into the ground, with spacer bars of pipe or wood to stabilise the frame at the top. 
• Ensure the frame is higher than the produce.

The bounce test

For the netting to be effective, it should be tensioned enough to stop folds of net forming around an animal when it lands on or crawls over the net. Ideally, a bird or animal should almost bounce off the netting rather than sink into it when it lands.  Check netting at least daily as animals can still become entangled.

Entangled animals or snakes – what to do

Animals entangled in netting are likely to be injured and highly stressed, meaning any attempt to remove them potentially dangerous for the animal and the rescuer.

If you find an entangled animal, cover it with a towel then you can contact either:

• the Urban Wildlife Ranger, Parks and City Services on 13 22 81 or city.rangers@act.gov.au , OR
• the RSPCA on 6287 8100 (BH)

Be sure to explain whether the animal is dead or alive and its exact location. 

Do not attempt to rescue flying foxes or bats of any kind. Although Australian Bat Lyssavirus is very rare it can be transmitted by a bite or scratch from an infected animal. 

If a snake is trapped in the netting do not attempt to rescue it.  Ring the Urban Wildlife Ranger on 132281.  Do not, under any circumstances, kill the snake as it is a protected species and you could face criminal charges.

Storage of unused nets

Nets not being used should be removed from the garden and stored at home or stored in sturdy containers with lids.

Structures Permitted in COGS Gardens

Structures in individual plots which do not require specific individual approval by the COGS committee are:

• compost bins;
• those which support growing plants e.g. trellises;
• those which support netting to protect crops (consistent with ACT regulations), provided that concrete footings are not used.
• Portable lockers not exceeding 1.5m width, 1m depth and 0.5m in height

Garden members are required to discuss and seek agreement of the respective Garden Committee (through the Convenor(s)) to place and large scale structure (ie more than 50% of plot area) and/or netting on their plot. Garden plots should not become defacto long-term storage sites for garden and other materials.

Structures in communal areas which do not require specific individual approval by the COGS committee are:

• a communal lockable shed;
• pergolas;
• green/glasshouses;
• trellises and bird netting (consistent with ACT regulations) support for communal crops.

However, expenditure of funds in excess of $300 per individual item still requires COGS committee approval. 

Sheds, pergolas and green/glasshouses must comply with the appropriate Australian Standards, e.g. footings for pergolas must comply with AS2870, timber members must comply with AS1684.2. 

Any structures, other than those listed above, require approval by the COGS committee before construction begins.  All structures must be safe and must not pose any risk to other gardeners or the general public. Structures on plots should not cause significant shading on neighbouring plots.

All structures must be of an aesthetic standard appropriate for the surrounding neighbourhood and of sufficient standard not to bring COGS or the garden into disrepute. The final arbiter of the acceptability of the aesthetic standard of any structure will be the COGS committee.

Where applicable, COGS has obligations under ACT Industrial Relations and Employment law. Before contractors (including project managers, head contractors, sub-contractors and trade contractors) will be permitted to tender for building work or be engaged to perform building work on any ACT Government site, they will be required to hold a current Secure Local Jobs Code Certificate.

Keeping of Beehives in COGS Gardens

The keeping of bee hives in COGS gardens is permitted provided there is unanimous approval of all garden members.  Convenors should be mindful that some individuals are highly allergic to bee stings and in some cases it may be life threatening.  However, it is necessary to have bees for pollination of fruit and vegetables and they will fly into the garden irrespective of whether there is a beehive in the garden or not.

Convenors should consult with a member of the Bee Keepers Association of the ACT about the location of the Bee Hives and may wish to consider fencing off the area and entering into a Memorandum of Understanding with the Bee Keeper(s), including matters such as the maintenance of the hives and surrounding area (eg mowing).

In the ACT it is necessary to register as a beekeeper if a person has beehives located in the ACT.  

Both commercial and non-commercial operators need to register, unless they have already registered in NSW.

Registered beekeepers are also asked to adhere to the Code of Practice and maintain a record of movement or sale or disposal of beehives; and promptly notify the ACT Chief Veterinary Office of any signs of a notifiable disease.  

Links to the Code of Practice, hive registration and notifiable diseases are ACT Government Bees Biosecurity

Convenors must advise the COGS Community Gardens Coordinator of the current registration number of all hives kept in their individual gardens.

Lighting of Fires within COGS gardens

It is a condition of the COGS’ ACT government licence that fires for the purpose of burning rubbish (including green waste and plant material) is not permitted within COGS gardens. Fires for the purpose of cooking food or heating of drinks are permitted as long as they are contained within a designated firepit and any fires are to be conducted in accordance with relevant warnings and fire bans associated at time of burns.

Use and storage of plastics in COGS Gardens

Given the significant damage micro-plastics (caused by the breakdown of plastic materials) can inflict on humans and animals COGS policy is the following:

Banned materials

The following materials are not allowed to be used anywhere in COGS gardens. Where these materials are currently used, Garden members have 6 months to remove them. 

• Plastic weed mats or items containing significant amounts of plastic;*
• Artificial turf/grass;
• Polystyrene;

Garden members are allowed to temporarily use (eg for around 6 months) strong black plastic (eg builders film) to solarise a plot to kill and/or suppress weeds. Garden members must actively monitor the plastic to see it is not breaking down or becoming integrated with the soil – where this is the case it should be removed.

Use of plastic materials

All COGS members and associates are encouraged to look for alternatives to plastic. 

• Plastic bags (eg for soil, compost, manure etc) should not be left on a plot for more than 3 months – they should be used or removed from the garden;
• Plastic bags can be used to remove weeds and other materials from the garden but should not be stored on the plot for extended periods as per above;
• Hard plastics can be used for some structures but are discouraged – use of metal or non-treated wood is preferred;
• Empty plastic pots should not be left to accumulate on plots for more than 3 months and should be taken away to reuse; stored elsewhere, recycle (eg at Bunnings) or disposal;
• Frost cloth and greenhouse/grow/poly tunnels may be used but should be monitored for any deterioration;
• Use of plastic shade cloth is allowed for shade or wind protection – where non-plastic alternatives are available their use is encouraged; 
• Plastic ties and twine are allowed, but garden members are strongly encouraged to look for alternatives such as jute twine, string, metal wire. Garden members should actively monitor and pick up broken pieces and bits of ties/twine;
• Sharp metal objects and edges (eg star pickets) should be capped. Strong plastic caps are preferred over weaker cheap alternatives. Any deteriorating caps should be replaced. Other innovative and non-plastic alternatives are encouraged (eg tin cans, small terracotta pots).

Maximum plot size for COGS Gardens

Garden committees are encouraged to cap maximum plot allocation areas at 100 square metres for larger Gardens.  Smaller gardens can set appropriate proportionate limits in their local garden rules. To manage garden waitlists, when a person with a large holding gives up all of their plot(s), Convenors are encouraged to allocate a smaller allocation to person(s) on the waitlist.