Two years ago Noosa Hinterland residents filled the Planning and Environment Court in Maroochydore for the final hearing of Noosa Council v Cordwell Resources, a case filed by council against the Kin Kin Quarry operator and presented to His Honour Judge Long who has reserved handing down his judgement for a date to be advised.
The case as set out in court by Council’s barrister Mitchel Batty 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, told the court his client strongly objected to the allegations, saying the Kin Kin Quarry had continued to operate within its approved authority. He described the QMP as a practical guide within which Cordwells had operated generally in accordance.
Last week in a deputation at Noosa Council’s Ordinary meeting held at Pomona, Save Noosa Hinterland spokesperson Nick Cooke delivered a “call to action” to Council to address the continuing issue of heavy vehicle haulage relating to the Kin Kin Quarry and its impact on the community.
Mr Cooke said up to 288 quarry haulage trucks a day travelled along Kin Kin Pomona Road impacting the hinterland towns, its schools, businesses, parks and trails.
He called on Council to reconvene roundtable meetings to hear and respond to residents concerns and to actively monitor the QMP, he said was “the only document to protect us,” and issue infringements where appropriate.
“We would like a dedicated staff member to regulate the quarry, attend every blast, capture breaches of the QMP, take the burden off us, and ensure someone is there, just like STAs,” he said.
Mr Cooke also called on Council to advocate to the State Government on the dangers of the haulage trucks on the hinterland roads citing a Department of Transport and Main Roads (TMR) review which investigated the ability of the Pomona Kin Kin Road to accommodate the 19m plus trucks.
The 2022 report states “due to the tight curving alignment, a higher percentage of curves on the Kin Kin Range section fail in terms of heavy vehicles being able to stay on the sealed pavement while also remaining on their own side of the centre dividing line, with a total of 19 curves on this winding section of road failing to provide this capacity.” (2022 TMR Kin Kin Road engineering review).
A Noosa Council spokesperson said Council continues to eagerly await the decision in the Planning and Environment Court relating to its case against Kin Kin Quarry operator Cordwell Resources.
Acting CEO Larry Sengstock said council has and continues to do what it can to ensure Cordwell Resources is operating within its approval and Quarry Management Plan.
“Council has taken the unprecedented step of taking legal action and allocated significant funds, resources and staff time to fighting this matter alongside the dedicated, passionate hinterland community,” he said.
“We continue to monitor operations and understand the community’s frustration.”
Council updated the community stakeholders at a roundtable in February this year and further meetings will be convened with those parties, once the court decision is handed down.
“We respect the legal process and remain hopeful a decision is imminent, but I can reassure the community that this is an important matter to all staff and councillors,” Mr Sengstock said.
