Noosa Hinterland residents more than filled the Planning and Environment Court in Maroochydore last Friday keen to hear the final hearing of Noosa Council V Cordwell Resources, so the court took the unusual step of allowing some residents to view proceedings from the area normally reserved for a jury.
About three months after the case began both sides presented their final submissions and His Honour Judge Gary Long reserved handing down his judgement for a date left undisclosed.
The case relates to Council’s allegations set out earlier by their 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, earlier informed the court his client strongly objected to the allegations.
In his summing up last Friday Mr Morzone said the Kin Kin Quarry had continued to operate within its approved authority.
He described the Quarry Management Plan as a practical guide, saying Cordwells had operated generally in accordance of the guide. He said in the most controversial area of quarry trucks operating during school bus times where the QMP outlines the quarry should “seek to minimise” truck movements at that time, it was not an “absolute obligation”.
Mr Morzone questioned whether there had been a material change in scale and intensity of use because if the use was authorised by its approval it would not be unlawful.
If there has been an increase in scale of operations it has not been outside the bounds of approval, he said.
Mr Morzone said the quarry was always intended to produce up to 1 million tonne per annum. The use has got up and running as it was intended, he said. Movements have changed. It was always intended there would be that change, he said.
Judge Long told Mr Morzone the argument put against his client was that the level was limited, the ability to operate was always constrained by conditions of delivery of the product.
In his summation Mr Batty told the court council had summarised Cordwell’s breaches of its QMP “best as it can” in relation to truck convoying, uncovered loads, use of haulage trucks during school bus hours and outside work hours and there had in some instances been in excess of 400 breaches.
In relation to the question of whether the quarries intensification of use constituted a material change of use Mr Batty raised the issues of the impact of its operations on the environment, its impact on the community and whether it was meeting Noosa Plan 2020 requirements to contribute to the amenity of the area.
“This quarry and the way it’s being operated is affecting this community,” he said.
Mr Batty said Cordwell’s non-compliance was a large part of the material change of use. He said to answer the question of whether there has been a material intensity of use you have to have regard to the manner of breaches occurring and the impacts that arise as contemplated in the QMP. He disputed Mr Morzone’s claim the QMP was only a practical guide. “It’s not just a practical guide,” he said. “There are other references to its purpose. It’s clear it is a management document with links to environmental impacts. The management plan shows how satisfactory outcomes should be achieved.”
Judge Long said what the court has to determine is whether there has been a material change of use, and there has been no application for a material change.
