Noosa Council is disappointed in the decision in the Planning and Environment Court where it was unable to stop quarry truck movements during school bus hours on the Pomona Kin Kin Road.
Council’s application to the Planning and Environment Court for interim enforcement orders against quarry operator Cordwell Resources was heard on 12 November 2021, with the judgment delivered today by His Honour Judge Long SC.
Judge Long SC told the court he will forward an analysis for his reasons to the two parties in coming days.
Mayor Clare Stewart said while disappointed with the outcome, Council accepts the decision by His Honour Judge Long SC.
“It’s extremely tough for the community and council to hear the judgment, but we must accept the umpire’s decision,” she said.
“But it should be noted that this is not the final step in Council’s enforcement action and we will continue to stand with the community.”
Council will now progress its application to the Planning and Environment Court seeking full enforcement orders centred on alleged breaches by the Quarry operator and seek to address the intensification of use issues.
Acting CEO Larry Sengstock said Council remained committed to the court action.
“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 Sengstock said.
The final hearing will take place over three days from the 2 to 4 March 2022.