Opponents of a hinterland quarry have been left disappointed by a court decision more than two years in the making, while the operator says it is looking forward to continuing its business.
Hopes that a Planning and Environment Court case between the Noosa Council and Cordwell Resources would bring some relief from the dust and trucks associated with the Kin Kin Quarry operations were dashed when Judge Garry Long brought down his decision last Friday.
The judgement, which came two years and five months after Judge Long adjourned to consider his decision, found mostly against the council and in favour of the quarry operator.
“Unfortunately, it was a disappointing outcome for the community,” a post on the Save Noosa Hinterland Facebook group said.
Noosa Council had contended that Cordwell Resources had been breaching the Quarry Management Plan and that those breaches indicated that quarry operations had intensified beyond what was allowed under the original approval.
The council alleged that between January 2021 and February 2022, Cordwell Resources allowed, or failed to prevent, quarry trucks using on Pomona-Kin Kin Road during the morning school bus hours, operating outside of quarry hours, travelling in convoy and travelling with uncovered loads.
Cordwell argued that it was operating “generally in accordance” with the approved Quarry Management Plan, that some deviation from the plan was not unreasonable, and that the council had not proven that Cordwell had allowed, or failed to allow, the truck movements.
It also pointed out that it used its premises at Chevallum and Yandina to stockpile materials, which allowed it to schedule truck movements and reduce trucks during school bus hours.
Judge Long found that most of the alleged breaches of the management plan had not been proven and, therefore, there was no proof operations exceeded the original approval.
He dismissed the council’s case apart from the complaint about uncovered truck loads, issuing an enforcement order that all full loads, apart from large boulders, be covered.
A statement issued by the quarry operator said: “Cordwells Resources is pleased with the court’s decision and remains committed to providing essential materials to support the growth of the entire Sunshine Coast region.
“We look forward to continuing to contribute to key infrastructure projects, fostering development and creating employment opportunities for the local community.”
Noosa mayor Frank Wilkie said the partial win about covering truck loads offered some relief on amenity and dust issues but the result regarding other parts of the Quarry Management Plan was disappointing.
The council had a win in a separate case against Cordwell where a concrete batching plant that was fixed to the ground was determined to be in breach of a planning approval that it be mobile.
“The ruling on the concrete batching plant is a positive decision and vindicates council’s efforts to ensure Cordwells comply with planning regulations,” Cr Wilkie said.
“I extend my gratitude to those in the community that spent countless hours providing statements for this legal case and the dedication shown by staff and members of the Kin Kin roundtable.”
“The past three years have been emotional and testing for many in our community.
“This operation has had a significant impact on our hinterland residents, which is why we have invested considerable resources, effort and time into the case.”
The State Member for Noosa, independent Sandy Bolton, expressed her disappointment at the decision.
“This has been incredibly upsetting given the trauma for our communities from inappropriate levels of heavy haulage and the danger this presents,” she said.
“However, this is not the end of efforts, with the ability to apply to the Minister for Environment, who has increased powers from the Environmental Protection Bill that passed earlier this year.
“By taking this to the new minister and to the state regulator, these new powers can be tested regarding environmental authorities that are no longer ‘fit for purpose’.”
The aerial imagery in this story is from Australian location intelligence company Nearmap. The company provides government organisations, architectural, construction and engineering firms, and other companies, with easy, instant access to high-resolution aerial imagery, city-scale 3D content, artificial intelligence data sets, and geospatial tools to assist with urban planning, monitoring and development projects in Australia, New Zealand and North America.
