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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
Planning & Development
2. KIN KIN QUARRY BACKGROUND
Author Coordinator, Development Assessment, Kerri Coyle
Community and Development
Index ECM/ Application / 51987.2970 (TPC 1899)
Attachments 1. Locality Plan
2. Town Planning Consent
3. Local Government Court Order 1988
4. Extension to Term of Approval 2003
5. Approved Site Layout – Management Plan 2013
EXECUTIVE SUMMARY
The Kin Kin Quarry has a lengthy history and this report is intended to provide a brief summary to
Council of this history and the issues surrounding the quarry. The quarry’s history includes an old
planning approval issued in 1988, a change in lessee, an extension to the term of approval in
2003, the challenge made by the Kin Kin Community Group to the Planning and Environment
Court in 2010, and the less than satisfactory management of stormwater on site that gave rise to
the Department of Environment and Resource Management issuing an Environmental Protection
Order early 2011. The Management Plan for the quarry was also amended by Neilsens and
approved in part by Sunshine Coast Council for the initial development quarry phase in 2013.
The potential impacts of the quarry operations continue to raise numerous concerns from the Kin
Kin community, most notably over the scale of the quarry, the uncontrolled stormwater releases
and the impacts along the haul route.
It is the Kin Kin community’s minimum expectation that the quarry’s operations will be properly
monitored and the current approvals enforced. In this regard, officers from the Department of
Environment & Heritage Protection have agreed that they are the administering authority for the
quarry in respect to potential environmental impacts. However, Council also has an ongoing role
in monitoring the quarry operation’s compliance with the Management Plan, particularly the
impact of trucks travelling to and from the quarry on Sheppersons Lane. The Department of
Transport and Main Roads also has an interest in the quarry, given the haul route extends along
Kin Kin Pomona Road, which is a state controlled road.
RECOMMENDATION
That Council note the report by Coordinator, Development Assessment to the Planning &
Organisation Committee dated 25 March 2014 on the Kin Kin Quarry background and:
A. Note that Council officers will actively monitor the quarry operations to ensure the
conditions of the development approval are met, noting that the Department of
Environment and Heritage Protection are the administering authority for environmental
matters;
B. Write to the Department of Environment and Heritage Protection and seek their
confirmation that the Department’s officers will actively monitor the quarry’s operations for
compliance with the conditions of the Environmentally Relevant Activity Permit;
Page 15 of 231
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Section 2
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
C. Write to the Department of Transport and Main Roads and advise them of the Council and
community’s concerns that Kin Kin Pomona Road is not of an appropriate standard and
design to cater for additional quarry trucks; and
D. Note the Sunshine Coast Regional Council resolution of 19 September 2013 and confirm
that Noosa Council will set load limits and use restrictions on its local roads via section 6 of
Local Law Number 4 (Local Government Controlled Areas, Facilities, Infrastructure and
Roads) 2011 should the quarry operations adversely impact on the safety and standard of
local roads in the area.
REPORT
1. Background
The quarry was approved by Council in July 1987l, subject to 12 conditions. The approval was
for 3 years and made provision for subsequent extensions of the approval by Council. It was
also subject to some roadwork requirements and included the requirement for a Management
Plan to be lodged with Council.
The applicant appealed Council’s decision, with the Local Government Court issuing a Court
Order in May 1988 reducing the extent of roadworks required and giving an operating life of 30
years. In terms of road improvements, the conditions of approval required:
upgrading of the intersection of Sheppersons Lane and Kin Kin Road;
upgrading of the existing timber bridge within Sheppersons Lane; and
the widening and upgrading of Sheppersons Lane from intersection with Kin Kin Road to the
access point to the site.
These road upgrade works were subsequently undertaken by the former Noosa Council, around the
time Noosa Council had a lease over the quarry site. Notably, the requirement to upgrade the
intersection of Sheppersons Lane with Kin Kin Road was a requirement of the Main Roads
Department at the time, as Council’s Shire Engineer sought their advice in relation to the application
as part of the assessment.
The conditions of approval also require the performance of regular maintenance of roadworks within
Sheppersons Lane, including the removal of any materials which may fall from vehicles transporting
quarry materials.
The conditions do not include an annual tonnage limit on excavation, but do require the quarry to
operate in accordance with a Management Plan addressing location of siltation ponds, the extent of
proposed excavations, access, location of crusher and office, buffers to adjoining properties
boundaries and rehabilitation procedures. In 1991, a Management Plan for Ready Mix was
approved.
In 2003, Council extended the term of the quarry until 12 May 2033, subject to conditions. These
conditions required the submission of an updated Management Plan. In 2005, an updated
Management Plan by the Neilsen Group was approved by Council. It identified a similar quarry
footprint to the 1991 Management Plan, with the quarry to be quarried from the top down.
In September 2010, officers issued a Show Cause Notice to the operators, requesting that the
conditions of the development approval be complied with. At the time, there was significant
community concern over the operations of the quarry, and inspections indicated that the quarry
was not being operated in accordance with the approved Neilsen Group Management Plan. The
operators challenged Council’s Show Cause Notice and, due to the non-specificity of the 2005
Management Plan, Council could not proceed further with this action.
Page 16 of 231
Section 3
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
In December 2011, an amended Management Plan was submitted by the quarry operator,
seeking to commence quarrying at the bottom of the hill and then proceed to the hilltop and
quarry down. This Management Plan provided a greater amount of detail to that contained in the
previously approved Management Plan for the site, but maintains a degree of flexibility in relation
to the operation, recognising that quarry operations are an evolving process affected by the
nature of the extracted resource and market demand for material.
In October 2010, the Kin Kin Community Group contested the quarry, asking the Planning &
Environment Court in summary:-
Whether the town planning consent approval given by Noosa Shire Council in 1987 lawfully
given;
Was the order made by the Local Government Court on 13 May 1988, allowing the appeal
against some conditions to which the Noosa Shire Council subjected its approval and
varying conditions, made within jurisdiction;
In the event the approval of the Council was lawfully given and the Court’s orders were
within its jurisdiction, did the town planning consent approval lapse; and
In the event the approval has not lapsed, is use of the site for quarry purposes for
extractive industry, limited to the area and scale of development particularised in the
application for town planning consent and the town planning consent limited only until
2018.
The judge dismissed all of the Group's claims in December 2010.
In early 2011, the Department of Environment and Resource Management issued an
Environmental Protection Order to the operators of the quarry through their Environmentally
Relevant Activity permit. The Environmental Protection Order specified that no further material
was to be extracted from the quarry on a commercial basis until a number of steps had been
undertaken, including the implementation of appropriate stormwater management measures. In
January 2012, the Department of Environment and Resource Management informed the
applicant that the Department was satisfied all actions had been completed regarding the
Environmental Protection Order, and all activities must be undertaken in accordance with the
Environmentally Relevant Activity permit.
The Environmentally Relevant Activity Permit allows for the extraction of up to 1,000,000 tonnes
a year. The Environmentally Relevant Activity Permit includes a range of conditions, 2 of which
appear to conflict with each other in relation to water quality requirements. The Department of
Environment and Heritage Protection has advised that the department and Neilsens are currently
looking to revise the conditions to address the conflicting conditions.
In July 2012, Council resolved to approve, in part, the amended Quarry Management Plan for the
initial quarry development phase, given a feasible Stormwater Management Plan was only
included for that phase. This means that the Management Plan will be required to be further
updated in the future and approved by Council before further quarrying stages proceed. The
Council also requested a number of amendments to be made to the Management Plan.
At its Ordinary Meeting on 23 May 2013 Council considered further amendments to the Quarry
Management Plan and resolved again to approve the plan in part, subject to 8 amendments
being made to the Management Plan.
At its Ordinary Meeting on 19 September 2013 Council considered a further amendment to the
Quarry Management Plan in relation to the haul route, with Council maintaining the previously
approved haul route.
Page 17 of 231
Section 4
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
The Management Plan identifies the extent of excavation on the site and includes operational
requirements that the quarry must comply with in order to mitigate against adverse impacts for nearby
residents and road users. In this respect, the Management Plans address matters relating to noise,
water and erosion, air quality, traffic, blasting, rehabilitation, land care, monitoring and auditing and
waste. Notably, the Traffic Management Plan identifies the Pomona Kin Kin Road as the haulage
route; and from Pomona, the local road network or Bruce Highway will be utilised.
2. Site Description
The site is located at 150 Sheppersons Lane, Kin Kin and is approximately 2.5 km east of the Kin
Kin village. The quarry is set back approximately 980 metres from Sheppersons Lane and is not
visible from the road. The nearest residence is located approximately 700 metres away which is
the residence of the land owner. The next closest residence is approximately 900 metres away,
and is setback approximately 100 metres from Sheppersons Lane. There is only one other
residence fronting Sheppersons Lane, which is set back 30 metres from the road. A health
retreat, Living Valley Springs, is located at the corner of Sheppersons Lane and Kin Kin Road
with buildings associated with the retreat situated approximately 40 metres from Sheppersons
Lane.
3. State Planning Policies
The site and surrounding land is identified as a Key Resource Area (KRA 57) under the
superseded State Planning Policy 2/07 – Protection of Extractive Resources. The approved
quarry excavation area does not align with the State Planning Policy maps which indicate that it
is located outside the mapped key resource/processing area, and within the separation area.
Notwithstanding this, the quarry was approved in 1988, prior to the commencement of the State
Planning Policy, which only took effect in 2007.
The KRA boundaries of KRA57 have changed from the superseded State Planning Policy to the
recently released State Planning Policy, implemented on 2 December 2013. The western and
southern boundaries have been expanded to incorporate and accommodate the approval over
Lot 259 MCH 187. The identified haulage route was also amended to be consistent with the
quarry approval rather than follow the western portion of Sheppersons Lane, which is unformed
and traverses hilly terrain.
4. Planning Scheme
The site is located in the Boreen Point, Kin Kin and Cootharaba Locality and is zoned Rural
under The Noosa Plan. The site is further identified under the Natural Resources Overlay as a
Key Resource/Processing Area and Resource/Processing Separation Area under the Natural
Resources Overlay. The site has been continuously identified by Noosa’s Planning Schemes
and Strategic Plans for extractive resources since its approval.
5. Previous Legal Advice
Advice has been previously sought from Council’s solicitor that indicates Council is not lawfully
able to impose any limits on the output of the quarry or impose additional requirements that might
retrospectively limit the quarry. An external Barrister for Council asked to comment on condition 2
of the approval also concluded similarly. Condition 2 reads as follows:
Page 18 of 231
Section 5
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
2. Detailed management plans are to be submitted to council for approval by the Shire
Engineer and Shire Planner following further investigation by the applicant. Such
management plans shall address:
(i) the location of siltation ponds;
(ii) the extent of proposed excavations;
(iii) the proposed access locations;
(iv) the proposed location of the gravel crusher and site office;
(v) provision of buffer areas to adjoining property boundaries;
(vi) the location of the area proposed to be leased to Council; and
(vii) rehabilitation procedures.
No construction or excavation works are to be commenced, without prior approval of the
Shire Engineer, until such times as management plans are approved. Council reserves the
right to expand upon the conditions contained with this approval following submission of
detailed management plans.
The external Barrister concluded in summary that:
1. There is a prospect that condition 2 could be challenged by way of declaratory proceeding;
2. Condition 2 of the Town Planning Consent may be subject to challenge on the basis of
uncertainty, particularly if the condition is used to impose restrictions on the operation of
the quarry; and
3. for the above reasons, unless the operators of the quarry are willing to voluntarily accept
the further obligations there are risks for the Council.
The Barrister in his response also advised that he was of the view that a court would more likely
find that Condition 2 of the Town Planning Consent contemplated allowing for the Council to
‘tinker’ with the conditions as a result of being provided with further detailed Management Plans.
That, however, is very different to allowing the condition to fundamentally alter or restrict the use
that is approved by the Town Planning Consent. The Barrister, in responding to officer’s
questions to impose further requirements on the quarry to limit the annual output on material
extracted from the site, concluded that ‘…any such restriction is likely to be successfully
challenged by the quarry operator’.
6. Community Concern
A significant number of submissions from the community have been received since around 2009
when Neilsens took up the lease for the Kin Kin quarry, raising concerns about numerous matters
including, but not limited to the following:
The impact of the quarry operations on Sheppersons Lane and Kin Kin Range Road and
the ability for these roads to cater for increased heavy vehicle usage and level of safety
and protection for all road users;
The impact of the quarry operations on the water quality in waterways from uncontrolled
stormwater releases;
The inconsistency of the approved haul route with the superseded State Planning Policy
and The Noosa Plan;
The validity of the current approval and whether the use had been abandoned; and
The scale and intensity of the quarry and the maximum annual tonnage permitted.
Page 19 of 231
Section 6
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
7. Future Monitoring of the Quarry Operations
In December 2013, officers met with the Department of Environment & Heritage Protection to
discuss the quarry operations, in particularly the ongoing roles and responsibilities of the
Department and Council in respect to monitoring and enforcing the current approval
requirements for the quarry.
At the meeting, the Department of Environment & Heritage Protection officers agreed that given
they were the administering authority of the Environmental Protection Act and the
Environmentally Relevant Activity quarry permit, the Department were the responsible governing
body in respect to potential environmental impacts and would respond accordingly. Under the
legislation, the Department is empowered to make a number of environmental management
decisions to address the quarry’s operations through the imposition of Transitional Environmental
Programs and Environmental Protection Orders and the like. Council would enforce all other
aspects of the Council approved Management Plan for the quarry and assist the Department
where appropriate.
Officers also investigated the stormwater management measures for the quarry, with an
experienced Council Hydrologist from Sunshine Coast Council. At the inspection a number of
issues were raised with the operators, including the potential for dispersive soils to be present on
site and the suitability of the clear water diversion drains, which are designed to divert stormwater
from the top of the hill away from the quarry face. It was agreed to undertake further joint
inspections of the quarry during heavy rains to determine if the measures on site are performing
satisfactorily. This inspection has not been undertaken to date, given Kin Kin has not received
heavy rains.
It should be noted that through the assessment of the amended Management Plan for the quarry,
it became evident that the large sediment basin on site was likely to overtop at times and that it
was not practical given the site’s topography and the catchment size to construct a sediment
basin with the capacity to capture all stormwater events. The average frequency of discharge of
untreated water is likely to be less than once per year.
One aspect of the current conditions of approval for Council to continue to monitor will be the
impacts on Sheppersons Lane from trucks travelling to and from the quarry site, given the
approval requires the operators to perform regular maintenance of roadworks within
Sheppersons Lane, including the removal of any material which may fall from vehicles
transporting quarry materials. Sheppersons Lane is the subject of another report to Council
included on the Infrastructure and Services Committee Agenda for 25 March 2014.
Page 20 of 231
Section 7
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
Previous Council Consideration
Ordinary Meeting 27 November 2003 - Noosa Council
MURRAY’S ROAD, VIA KIN KIN - EXTENSION TO TERM OF APPROVAL PERIOD -
EXTRACTIVE INDUSTRY - TPC 1899 (NB)
A. Approve the request to extend the term for 15 years until 12 May 2033, subject to the
following conditions:-
1. The applicant shall prepare an updated Management Plan that relates to the
operational phase of the development. This plan is to be prepared by appropriately
qualified persons to the reasonable satisfaction of Council within six months from the
issue of this extension to the term of the approval period.
2. The updated Management Plan to be submitted is to include:
Environmental Management Plan (EMP).
Ecological Restoration Plan.
Landscape Master Plan.
Traffic Management Plan (truck access) with predictions/procedures for the
next 30 years.
Sediment and Erosion Control Plan.
Water Quality Management Plan.
3. The Landscape Master Plan shall detail:
- areas of natural vegetation to be retained (including a 20m buffer to Murray’s
Road);
- staged progressive rehabilitation of the site as quarrying operations cease on
each face of the quarry;
- site preparation;
- weed removal and control;
- species ‘palettes’ and schedules;
- planting out procedures for rehabilitation purposes and horticultural requirements;
- mulching procedures;
- fertilising procedures;
- irrigation and watering procedures;
- enhancement of environmental linkages and corridors;
- on-going maintenance;
- perimeter fencing design and location.
The Landscape Master Plan shall be consistent with Planning Scheme Policy No. 1 –
Landscaping Guidelines, and will primarily utilise native species that have been
recorded on the site. Landscaped areas shall be integrated floristically and
structurally with the surrounding native vegetation.
Page 21 of 231
Section 8
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
4. The Environmental Management Plan shall incorporate the requirement for annual
environmental compliance monitoring and annual audit reports to be submitted to
Council for the operation of the development. The format and content of these
reports shall demonstrate compliance with the Management Plan and Consent Order
and include a written discussion of the results and recommend any necessary
actions.
5. An Environmental Management Plan (EMP) shall be prepared and implemented to
ensure that the impact of the development on the environment is minimised and that
the environmental values of the site are protected and enhanced. The Environmental
Management Plan is to address the implementation of the requirements of the
ecological restoration plan, sediment and erosion control plan, water quality
management plan, landscape master plan; and address all other environmental
considerations deemed relevant to the approved use and local environment, in order
to minimize environmental harm and provide for progressive self-sustainable
landscape/ecosystem re-habilitation. The EMP should be prepared to a standard
necessary to meet Council requirements and recognized industry standards. The
EMP is to:
Comply with AS00014.
Demonstrate a high level of environmental care and responsibility and be
consistent with best practice for developments of this type in similar
environments.
Detail the applicant’s environmental policy and the proposed environmental
management system for the site.
6. The Environmental Management Plan shall specify to the reasonable satisfaction of
Council: the performance targets, including those derived from the conditions and
other requirements arising from legislation;
how the performance targets are to be achieved;
when the performance targets will be satisfied;
how performance will be monitored;
corrective actions and contingency measures to be undertaken;
reporting arrangements ;
auditing arrangements.
7. An Ecological Restoration Plan and Specifications shall be prepared by a specialist
restoration ecologist, to the reasonable satisfaction of the Council. It shall identify all
the areas that require ecological restoration and specify actions and works necessary
to result in robust, self-sustaining viable plant communities and habitat.
8. The applicant/owner of the site shall comply with the updated Management Plan
incorporating the Environmental Management Plan.
9. Detailed staged Sediment and Erosion Control Plans shall be prepared for the site, to
the reasonable satisfaction of Council, and in accordance with the Institution of
Engineers Australia ‘Engineering Guidelines for Queensland Soil and Sediment
Control’ (June 1996) and in particular using Checklist No. 3 from that document. The
Sediment and Erosion Control Plans shall cover all development on site, ecological
restoration and remediation works.
B. Advise the applicant that the use is to comply with the scale and intensity allowed in the
current approval and any increase in scale and intensity of operations on the site will be
the subject of a further application for Material Change of Use.
Page 22 of 231
Section 9
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
Ordinary Meeting 25 February 2010 Council Resolution (OM10/031)
(SPC) ITEM 4.1.5 EXTRACTIVE INDUSTRY, 150 SHEPPERSONS LANE, KIN KIN
That Council:
(a) receive and note the report titled ‘Extractive Industry, 150 Sheppersons Lane, Kin Kin’;
(b) request the Chief Executive Officer to enter into negotiations with the quarry operator with a
view to seeking their commitment to carry out road improvements and traffic improvements
to Sheppersons Lane and Kin Kin Range Road to improve its suitability for heavy vehicle
movement and traffic management options including embargos on movements during
school bus times;
(c) request the Chief Executive Officer to contact the Department of Transport and Main
Roads to seek road improvements in the form of seal maintenance, line marking and
reduced speed limits to improve the road safety of the Kin Kin Road; and
(d) request the Chief Executive Officer to continue to monitor quarry operations to ensure the
requirements of the development approval are met, including the implementation of
management measures to mitigate impacts for residents and road users.
Ordinary Meeting - 31 January 2012 (Council Resolution OM12/08)
(PSC) ITEM 4.2.2 SHEPPERSONS LANE CONSTRUCTION
That Council:
(a) receive and note the report titled “Sheppersons Lane Construction”; and
(b) request the Chief Executive Officer to notify Neilsen’s of Council’s conditional acceptance
of their offer subject to:
(i) Council approving the forthcoming revised quarry management plan;
(ii) confirmation of the quarry operations commencement date;
(iii) Council’s consideration and inclusion of the sum of $500,000 as part of the
2012/2013 budget, as its contribution to the road upgrade project.
Ordinary Meeting – 26 July 2012 (Council Resolution OM12/85)
ITEM 7.1.1 KIN KIN QUARRY – AMENDED QUARRY MANAGEMENT PLAN
That Council:
(a) receive and note the report titled ‘Kin Kin Quarry Amended Management Plan’;
(b) approve in part the amended Kin Kin Quarry Management Plan at Appendix A prepared by
Groundwork Plus and dated December 2011, for the initial quarry development phase only,
subject to:
(i) the amendments in Appendix B where they address the initial development phase;
(ii) including an erosion and sediment control management plan that ensures untreated
water is not released from the detention basins into the downstream watercourse, in
accordance with aspects of the current EPA development approval currently in place;
Page 23 of 231
Section 10
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
(iii) Section 3.6.4 and Figure 3A shall be revised to be consistent in terms of benching
levels. The initial development phase shall be in accordance with the footprint
identified in Figure 3A. Figure 3A to be changed from “Conceptual Short Term Quarry
Development Plan” to “Short Term Works Development Plan”;
(iv) the initial development phase to be limited to 7 years as identified in the amended Kin
Kin Quarry Management Plan or by reaching the limits of extraction as outlined in
Figure 3A or whichever is the sooner;
(c) advise Neilsen’s Quality Gravels Pty Ltd that the amended Kin Kin Quarry Management
Plan must be updated to the reasonable satisfaction of Council before further quarrying
stages commence, as storm water management is not adequately addressed for
subsequent stages;
(d) request the Chief Executive Officer to seek confirmation from the Department of
Environment and Heritage Protection that they are prepared to enforce storm water
management provisions that prevent overtopping of the Detention Basin, and other
significant direct impacts on the Noosa River Catchment on the understanding that the
Noosa River currently enjoys the highest health rating of any South East Queensland river
system, is an integral feature of the Noosa Biosphere Reserve, as well as the Cooloola
Section of the Great Sandy National Park.
Ordinary Meeting – 23 May 2013 (Council Resolution OM13/80)
ITEM 7.1.1 KIN KIN QUARRY AMENDED QUARRY MANAGEMENT PLAN
That Council:
(a) receive and note the report titled 'Kin Kin Quarry - Amended Quarry Management Plan' and
(b) approve the updated Kin Kin Quarry Management Plan at Appendix A, prepared by
Groundwork Plus and dated February 2013, for the initial quarry development phase only,
subject to the amendments contained in Appendix B and the following amendments:
(i) 14. Section 2.7 and the Road Transport Protocol must be revised to specify that the
approved primary haul route is Pomona Kin Kin Road, with the local road network
permitted only for local deliveries where a local road is the only access route to a
delivery site. Use of local roads is not to occur as an alternative to Pomona Kin Kin
Road for the purpose of shortening trip distances or convenience; and
(ii) Section 3.6.8 shall be amended to state that detailed Erosion and Sediment Control
plans are to be submitted prior to any works commencing in an area beyond those
shown in Figure 3A - Short Term Quarry Extent.
(c) delegate authority to the Chief Executive Officer to write to appropriate authorities within
the Department of Environment & Heritage Protection requesting a stringent review of the
ERA conditions imposed on the Kin Kin Quarry, particularly with respect to the retention
dam, diversion drains, and release of contaminated water, on the understanding that
(i) over the past four years, since April 2009, according to Council's hydrologists,
measured rainfall in the Kin Kin Catchment has resulted in 7 rainfall events that
exceeded a 1-in-5 probability, thus the capacity of the sediment basins and
stormwater management may need to be reviewed, and
(ii) the Wahpunga Creek into which contaminated material will flow is a tributary of the
Noosa River System, which resides in the Noosa Biosphere Reserve, flows into the
Cooloola section of the Great Sandy National Park, and currently enjoys the highest
Healthy Waterway Ecosystem Health Monitoring Program rating of any river in South
East Queensland, and
Page 24 of 231
Section 11
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
(iii) the proposed "bottom up" approach now recommended by the quarry operators does
not appear to allow for staged rehabilitation as recommended in the DERM Breach of
Approval Condition notice of 18 March 2010 (MCY1554) which stated, "current best
practice demands that ... the work is staged to avoid the exposure of large areas of
bare earth to potential entrainment of sediment due to rain impact." and further that
(d) request the Chief Executive Officer write to the Minister for Transport indicating the need
for the State to consider maintaining or bettering the condition of Pomona Kin Kin Road in
association with the future operations of the Kin Kin Quarry.
Ordinary Meeting – 20 June 2013 (Council Resolution OM 8.1.2)
ITEM 8.1.2 NOTICE OF MOTION – UPGRADE OF SHEPPERSONS LANE, KIN KIN
That Council authorise the Chief Executive Officer to defer any actions regarding the possible
upgrade of Sheppersons Lane, Kin Kin prior to the establishment of the new Noosa Council in
January 2014, and refer all background material associated with a possible road upgrade,
including the status of any negotiations with the Kin Kin quarry operator, to the de-amalgamation
Transfer Manager.
Ordinary Meeting – 19 September 2013 (Council Resolution OM 13/81)
ITEM 7.1.1 KIN KIN – QUARRY – AMENDED MANAGMENET PLAN – HAUL ROUTE
That Council:
(a) receive and note the report titled “Kin Kin – Quarry – Amended Quarry Management Plan –
Haul Route
(b) resolve to delete amendment 14 previously required to section 27 and the Road Transport
Protocol, given the Traffic Management Plan being the primary reference to the haul route
with the Quarry Management states:
“Haulage from Kin Kin Quarry is anticipated to be by a range of truck configurations.
Product haulage will be along the existing quarry access road to Shepperson’s Lane
thence to the Kin Kin – Pomona Road. From Pomona, the major road network or the Bruce
Highway will be utilised, depending on the final destination of the product. Apart from
Sheppersons Lane, all roads are sealed State Controlled Roads” and
(c) set load limits and use restrictions on its local roads via section 6 of Local Law Number 4
(Local Government Controlled Areas, Facilities, Infrastructure and Roads) 2011 should the
quarry operations adversely impact on the safety and standard of local roads in the area.
Page 25 of 231
Section 12
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
CONSULTATION
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Departments/Sections Consulted:
x Community Infrastructure x Community & Development
Asset Planning & Delivery Community Services
Civil Operations x Planning & Development
Environmental Services Health & Regulatory Services
Waste Management Business Facilitation
Community Resilience & Disaster Management
Executive Office Organisational Services
Communications & Governance Financial Services
Human Resources ICT
De-amalgamation Coordination Property & Contracts
Page 26 of 231
Section 13
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
ATTACHMENT 1
Page 27 of 231
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
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Page 27 of 231Section 14
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
ATTACHMENT 2
Page 28 of 231
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
ATTACHMENT 2
Town Planning Dept. ae:
RW.jh TPC 1899
(132)
21st July, 1987
John W. Shepperson, , .
c/~- Post Office,
KIN KIN." 0. 4571
Dear Sir,
Re: TPC 1899 - Extractive industry - Portion 259, Murrays Road, Via Kin
Kin
Your application was considered by Council at its meeting on 21st July,
1987.
Council resolved to approve your application subject to the conditions
listed below:-
1. Prior to the commencement of operations on the site the applicant
shall carry out the following external roadworks to the satisfaction
of the Shire Engineer:-
(i) Upgrade the intersection of Sheppersons Lane and Kin Kin Road..
These works are also to be carried out to the requirements of the
Main Roads Department.
(ii) Bitumen surfacing of 0.5 kilometres of carriageway past Agney.
: Farn..
(iii )Upgrade the existing timber bridge within Sheppersons Lane.
{iv) Widen and upgrade approximately one (1) kilometre of Sheppersons
Lane, comprising the balance area of gravel pavement, to the
access point to the site.
. . a
The design of the above works shall be prepared by a Registered Civil _
Engineer and shall’ be submitted to the Shire Engineer for approval
prior to commencement of construction. The Registered Civil Engineer
shall certify that the works have been constructed in accordance with .
_the approved plans.
In. lieu of the above works, Council may accept a contribution of
$150,000 with the works then to be carried out by Council.
Page 28 of 231Section 15
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
Page 29 of 231
PLANNING & OMMITTEE MEETING AGEN
ORGANISATION C DA 25 MARCH 2014
enepperson = TPC 1899 _ 23rd July, 1987 _ Page 2
2. Detailed management plans are to be submitted to Council for approval
by the Shire Engineer and Shire Planner following further
investigation by the @pplicant,. Such Management Plans shall address:_
(i) the location of siltation Ponds ;
(ii) the extent of Proposed excavations;
(iii)the Proposed access locations;
(iv) the Proposed location of the grave, crusher ang site office; :
(v) Provision of buffer areas to adjoining Property boundaries;
(vi) the location of the area Proposed to be leasea to Council; and
) (vii )rehabilitation Procedures, ,
No construction or excavation works ere to be commenced, without prior
4Ppproval of the Shire Engineer, until such times as management Plans
are approved. Council reserves the right to expand upon the
conditions contained within this 4pproval following Submission of
detailed Management Plans.
3. Performance of regular maintenance of roadworks within Shepparsons
Lane, including the removal of any materials which may fall from
vehicles transporting Quarry materials.
% As offered, the applicant shall enter into an agreement with Council
for a long term registered lease Over the area to be negotiated
*~ between the @pplicant and the Shire Engineer,
is Such lease is to ensure the long term availability to Council of
Suitable ‘Material. The 4pplicant shal] agree to SUPPly material for
i Council's need at the cost of Production Plus a fair Profit for the
) 4pplicant.
The leaseq area is to be made available, at ‘no cost to Council, with
Council to bear the cost of ali legal and Survey fees associated with
the transfer.
5. The 4pplicant shall revegetate the quarry in Stages as quarrying
operations Proceed, The species cf plants to be used shall be
acceptable to Council. ;
6. The quarry is to’ be operated in accordance with the Provisions of the .
Town Planning Scheme, Bylaws, Policies and Acts,
Ve All blasting operations shall be conducted such that stone, rock or
Other materials are not ejected from the Site.
Page 29 of 231Section 16
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
Page 30 of 231
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
J. Shepperson - TPpc 1899 ~ 23rd July, 1987 - Page 3 , ‘
. 8. Blasting operations ana explosions shall not be conducted:
(i) before the hour of 7.00 a.m;
(ii) after the hour of 6.00 p.m; or
(iii)on any weekend or public holiday (unless in an emergency and with
the prior approval of the Shire Engineer).
9. Prior to commencement of Operations a cash bond or bank guarantee to
the sum of $20,000 is to be lodged to secure performance of:
(i) regular maintenance of roadworks in Shepparsons Lane; and
(ii) general performance of other conditions.
3¢
10. This approval remains current for a period of three (aT years,
provided that Council may grant extensions to the approval period,
where an application for extension is lodged at least three (3) months
prior to the approval expiry date. Council's decision will be made
prior to the expiry date, in order that its decision has force and
effect. Council may approve or refuse such an application. Should an
extension be granted, the terms and conditions of this approval may be
varied if considered warranted. —_
11. This approval may be revoked pursuant to Section 33(16D) of the Local
Government Act, if the rights conferred by this approval are not
exercised in accordance with this Permit within two (2) years from the
date hereof.
ye. tf at any time after two (2) years the use, once established is
discontinued for a period of six (6) months for any cause whatsoever,
\ this approval may be revoked pursuant to Section 33 (16D) of the Local
3 Government Act.
There were no objections against the application.
Enclosed for your use are copies of parts of the Local Government Act which
outline appeal rights against Council's decision.
Yours faithfully,
D.J. Philpot, .
SHIRE CLERK. e- -
Page 30 of 231Section 17
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
ATTACHMENT 3
Page 31 of 231
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
ATTACHMENT 3
LO AM TE LUCAL GOVERINMEN ! COUR
MeL Sl GAP he
L2G. #ppeal No. 1 ot 1987
BL TWEEN: JON WALLACE SHE PPERSUN
. AoNpellant
BING. COUNCIL Ub Tek Stik Ol NGUSA
NESpondent
BEE URE HS HONOUR JUDGE, K fh .C. ROW
. LHe By DAY OF My 1y88
[has action having come petore Nis Honour Juage ‘
Kit... Row on the Lath cay ot May, 1488 ana the
SOL102 tors having been heard tor tne Appellant ane Mr.
t.N. I[rotter ot Counsel having been neare tor the
Respondent
S¥ Vonsent, 11 1S GRDERED tnat:-
(1) Ine cGecision ot the Kespondent contained in the
; letter to tne Appellant dated vist Judy, i787 oe
OPPER
L varied:
A. By deleting condition 1 thsreot which reads:
“1. Prior to the commencement of
LS, operations on the site tne applicant shall
XN 7
“No . Fol | : ‘oad Ss
‘ 88 carry out the tollowing external roacworks
= § AUG 13 LO
to the satistaction of the Shire
Engineer:-
MESSRS. JEFFERY (i) Upgrade the intersection of
& CUDDIHY
Solicitors Sneppersons Lane and Kin Kin Road. tnese
218 Mary Street,
GYMPIE Qld. 4570 works are also to be carried cut to the
Phone (071)821244 .
Page 31 of 231Section 18
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
Page 32 of 231
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 M
ARCH 2014
requirements of the Main Koags bepartment.
C22) Bltumen surtacing of O.5 Kilometres
ot Carriageway past Saney farm.
(111) Upgrace the EXISLINGa timber bricge
within Sheppersons Lane.
(iv) W1IGEN and uparade SPPproximately ons
(1) Kitometre ot Sneppersons Lane,
comprising the baiance area ot gravel
Pavement, to the acomee POlnt to the Site.
The design ot the ADOVE Works shall be
Prepared by a Registered Civil Engineer
and shal! be submitted to the Shire
Engineer tor @pproval prior to
commencemsnt ot construction. The
Registered Civil Engineer shat certity
that the works have been constructed in
accordance with tne approved plans.
|
In lieu of the above works, Council may
accept a contribution of $150,000.00 with
the works then to be carried out by
Council." .
| |
and substituting theretor the following |
condition:
. "1. The applicant shall carry out the
Lo we. ddatte jeeps ore wane cexter nal roadworks to the
£1 RREGRRIENS sets Book Stet pon ie uiigeuas oN Sea Sree as, 2.
a Me ora
Rae
Page 32 of 231Section 19
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
Page 33 of 231
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
Sheerersens Lane anc KIN KIN Road to the
reguireamants ot the Main Hosds bepartment
to which the Councis wilt contribute the
sum of $4,000, UU:
; (12) Upgrading on the EXISTING tamber
. DridgS within Sneppersons Lané following
Completion ot an tnaineer’s Investigation
to a Standard required tor quarry
generated trattic; .
(122) Widen ana Upgrade Sheppersons Lane
trom the intersection With Kin Kin Road to
the access point te the Site using
selected gravel till or material approvea
By the Shire iEngineer Trom tne quarry
site;
(iv) All the above works to be completed
Prior toe tne guarry commencing operations,
. The design of the above works shali be
prepared by a registered Civil Engineer
and shall be supmitted to the Shire
Engineer tor 4pproval prior to |
>) :
> commencement of construction. The
‘. } registered Civil Engineer shail certity
a” that the works have been constructed in
accordance with the approved plans.
B. By deleting condition 4 thereot.
c. By deleting from condition 10 thereot the
Page 33 of 231Section 20
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
Page 34 of 231
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
. 4
réterence te “three (3S) years” ane reptacina
Same With the words “thar ty (SU) years"
by. By deleting condition li thereot
tL S o er scecacts
nN all other respects tne CONdGILIONS as contained in
tne Kespondent’s Letter ot the 2ist July, 1987 are
contirmed. .
BY THE COURT
R As)
EGIST ae . - ” ~ par we =
STRAR OF TH4 5 ey
S1Mepece). NO
Page 34 of 231Section 21
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
ATTACHMENT 4
Page 35 of 231
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
ATTACHMENT 4
Neil Blamey (07) 5449 5379
TPC 1899
BMC:TH:60991
Email: [email protected]
2 December 2003
JEFFERY CUDDIHY & JOYCE
SOLICITORS
PO BOX 614
GYMPIE QLD 4570
Dear Sir,
Re: Application for an Extension of Term of Approval Period for Extractive
Industry situated at 150 Sheppersons Lane, Kin Kin described as (Portion 259,
Murrays Road) Lot 259 on MCH 187
I refer to your request to extend the Term of Approval Period for the above development
approval. On 27 November 2003 Council decided to:
A. Approve the request to extend the term for 15 years until 12 May 2033, subject to the
following conditions:-
1. The applicant shall prepare an updated Management Plan that relates to the
operational phase of the development. This plan is to be prepared by
appropriately qualified persons to the reasonable satisfaction of Council within
six months from the issue of this extension to the term of the approval period.
2. The updated Management Plan to be submitted is to include:
e Environmental Management Plan (EMP).
e Ecological Restoration Plan.
e Landscape Master Plan.
e Traffic Management Plan (truck access) with predictions/procedures for the
next 30 years.
° Sediment and Erosion Control Plan.
° Water Quality Management Plan.
3. The Landscape Master Plan shall detail:
- areas of natural vegetation to be retained (including a 20m buffer to
Murray’s Road);
Page 35 of 231Section 22
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
Page 36 of 231
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
- staged progressive rehabilitation of the site as quarrying operations cease
on each face of the quarry;
- site preparation;
- weed removal and control;
- species ‘palettes’ and schedules;
- planting out procedures for rehabilitation purposes and horticultural
requirements;
- mulching procedures;
- fertilising procedures;
- irrigation and watering procedures;
- enhancement of environmental linkages and corridors;
- on-going maintenance;
- perimeter fencing design and location.
The Landscape Master Plan shall be consistent with Planning Scheme Policy
No. | — Landscaping Guidelines, and will primarily utilise native species that
have been recorded on the site. Landscaped areas shall be integrated
floristically and structurally with the surrounding native vegetation.
4. The Environmental Management Plan shall incorporate the requirement for
annual environmental compliance monitoring and annual audit reports to be
submitted to Council for the operation of the development. The format and
content of these reports shall demonstrate compliance with the Management
Plan and Consent Order and include a written discussion of the results and
recommend any necessary actions.
5. An Environmental Management Plan (EMP) shall be prepared and
implemented to ensure that the impact of the development on the environment
is minimised and that the environmental values of the site are protected and
enhanced. The Environmental Management Plan is to address the
implementation of the requirements of the ecological restoration plan, sediment
and erosion control plan, water quality management plan, landscape master
plan; and address all other environmental considerations deemed relevant to the
approved use and local environment, in order to minimize environmental harm
and provide for progressive self-sustainable landscape/ecosystem _ re-
habilitation. The EMP should be prepared to a standard necessary to meet
Council requirements and recognized industry standards. The EMP is to:
e Comply with AS00014.
e Demonstrate a high level of environmental care and responsibility and be
consistent with best practice for developments of this type in similar
environments.
Page 36 of 231Section 23
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 2014
° Detail the applicant’s environmental policy and the proposed
environmental management system for the site.
6. The Environmental Management Plan shall specify to the reasonable
satisfaction of Council: the performance targets, including those derived from
the conditions and other requirements arising from legislation;
e how the performance targets are to be achieved;
e when the performance targets will be satisfied;
e how performance will be monitored;
e corrective actions and contingency measures to be undertaken;
e reporting arrangements ;
e auditing arrangements.
7. An Ecological Restoration Plan and Specifications shall be prepared by a
specialist restoration ecologist, to the reasonable satisfaction of the Council. It
shall identify all the areas that require ecological restoration and specify actions
and works necessary to result in robust, self-sustaining viable plant
communities and habitat.
8. The applicant/owner of the site shall comply with the updated Management
Plan incorporating the Environmental Management Plan.
9. Detailed staged Sediment and Erosion Control Plans shall be prepared for the
site, to the reasonable satisfaction of Council, and in accordance with the
Institution of Engineers Australia ‘Engineering Guidelines for Queensland Soil
and Sediment Control’ (June 1996) and in particular using Checklist No. 3 from
that document. The Sediment and Erosion Control Plans shall cover all
development on site, ecological restoration and remediation works.
B. Advise the applicant that the use is to comply with the scale and intensity allowed in
the current approval and any increase in scale and intensity of operations on the site
will be the subject of a further application for Material Change of Use.
Should you wish to obtain more information about Council’s decision, the reports and staff
recommendations and Council Minutes regarding this application are available for viewing
or purchase at the Level 2 counter of Council offices. It would assist Council staff if you
could bring this letter with you.
Yours faithfully,
Shane Adamson
MANAGER - LAND USE
Page 37 of 231Section 24
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 25 MARCH 20145
ATTACHMENT
Page 38 of 231
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