2014-03-25 Planning & Organisation Committee Agenda Pages 15-38

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.




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