Outgoing Mayor Clare Stewart chaired the 12th Kin Kin Quarry roundtable meeting last week, the final one for the term of council.
A Council spokesman said the productive discussions cemented the group’s ongoing dedication and commitment in the battle against Kin Kin Quarry operator Cordwell Resources.
Acting CEO Larry Sengstock said the catch-up was important to keep the hinterland community groups, agencies, Noosa MP and staff informed.
“We respect the legal process and remain hopeful a decision is imminent, but the meeting was a good opportunity to reassure the community that this matter continues to be important to us as a council and the co-operation of all stakeholders has been pivotal to this legal challenge,” he said.
Final submissions in the legal case were made in June 2022 before his Honour Judge Long SC in the Planning and Environment Court.
The case relates to Council’s allegations set out in court by its barrister Mitchel Batty that the application was filed by council for the relief for the community from haulage trucks, in five areas.
The five areas relate to allegations of the quarry’s non-compliance of its Quarry Management Plan (QMP) in failing to avoid truck convoying, covering of loads, operating hours and use of quarry trucks during school bus hours, and the allegation the impact of the quarry’s intensification of work constitutes a material change of use.
Counsel for Cordwell Resources, QC Errol Morzone, informed the court his client strongly objected to the allegations.
Mr Morzone told the court the Kin Kin Quarry had continued to operate within its approved authority.
Mr Sengstock told the roundtable meeting that the council has and continues to do what it can to ensure Cordwell Resources is operating within its approval and QMP.
“During this term of council, significant funds, resources and staff time have been allocated to fighting this matter alongside the dedicated, passionate hinterland community,” he said.
“That resolve remains strong,”
“We appreciate this is difficult for those living through this,
“It has been a three-year fight, which effectively started in early 2021 and this council has stood alongside the impacted hinterland community every step of the way to ensure Cordwell Resources adhere to the existing Quarry Management Plan.” he said.
Mr Sengstock said there was an extensive list of actions implemented over the last three years.
The journey so far:
• Council Funded and worked with community to take legal action in the Planning and Environment Court.
• Community provided extensive, detailed witness statements for the court case.
• Mayor has written two open letters to Cordwells (January 2021 and June 2021) with no action to our suggested requests.
• Council continues to remind all trucking companies using the quarry of the QMP traffic management requirements and warned them that infringements will be issued for any breaches.
• Council has previously issued notices/infringements to the quarry operators for alleged breaches of the approval.
• A camera and traffic counter has been installed on Sheppersons Road for surveillance and monitoring purposes to ensure Cordwells and truck drivers are adhering to the quarry management plan requirements.
• Council officers conduct regular inspections of the quarry operations, and occasionally conduct joint inspections with officers from the state’s Department of Environment.
• A dedicated officer was engaged to liaise with impacted hinterland residents and has been the conduit between council and residents on a range of matters/issues
• In December 2022, Mayor arranged for Assistant Minister for Local Government Nikki Boyd to spend the day in the hinterland to tour the quarry and impacted roads.
• Mayor, Acting CEO and TMR officials held a face-to-face meeting with then Transport Minister Mark Bailey, seeking action from the Queensland Government
• Council made a submission to the Federal Government under the EPBC Act over a vegetation clearing application by the operator. It was one of 91 submissions made to the Federal Government regarding the application.
• Mayor wrote to Minister Tanya Plibersek to articulate council’s concern over the vegetation clearing.
• Council has issued enforcement notices to the operator over alleged breaches of the QMP regarding the construction of a fixed screening plant onsite.
• An annual audit of the quarry operations is also undertaken by an external independent auditor specialised in stormwater management, with Cordwells required to reimburse Council’s costs for this audit.
• Council in partnership with community members, facilitated two public meetings to explain the legal process.
