Quarry battle heads to court

Quarry haulage truck on Pomona Kin Kin Road.

Noosa Council formally filed proceedings in the Planning and Environment Court at Maroochydore on Friday 17 September to seek enforcement orders to restrict the operation of quarry trucks travelling to and from the Kin Kin Quarry.

The application was filed against operator Cordwell Resources as well as Wallajohn Pty Ltd as trustee for the Wallajohn Trust; DJS & John Pty Ltd as trustee for the Daniel Shepperson Family Trust; MWS & John Pty Ltd as trustee for the Mark Shepperson Family Trust; and Ann &Daniel Pty Ltd as trustee for the Anne De Haviland Family Trust.

It was accompanied by more than a dozen affidavits, some 15 to 20 pages in length.

The matter will first be mentioned at a directions hearing on Friday 24 September.

An initial hearing where Council will seek interim enforcement orders for all quarry truck movements to cease during school bus hours will also be sought.

Council chief executive officer Brett de Chastel said further proceedings would focus on a number of alleged breaches by the quarry operator and seeks to address the intensification of use issues, which is at the centre of community concern.

“Final enforcement orders will be sought requiring the operators to limit the number of quarry trucks per day, avoid convoying and ensure movements are within the operating hours, with all truck loads covered,” Mr de Chastel told the Kin Kin Roundtable meeting on Tuesday.

Mayor Clare Stewart thanked community members for their unwavering commitment over several months to gather the necessary evidence.

Cr Stewart said more than 20 residents had provided statements which would form a critical part of the legal case.

“We continue to stand with the Hinterland community on this issue to ensure the safety of residents and their families,” she said.

A council spokesman said it was too premature to say what the court costs would be as the process was ongoing. The community would know the costs once the court case was determined, he said.

A community meeting organised by Kin Kin Community Group was scheduled for Thursday 23 September at the Majestic Hall in Pomona, to update residents on the next steps in the legal fight.