2020-12-17 OM Agenda - Late Report - Kin Kin Quarry - Potential Legal Action

ORDINARY MEETING REPORT                                                                           17 DECEMBER 2020


1                      KIN KIN QUARRY – POTENTIAL LEGAL ACTION
DOCUMENT INFORMATION




Author                             Chief Executive Officer, Brett de Chastel
                                   CEO’s Office

Index                              ECM/ Subject/ Kin Kin Quarry

Attachments                        1.    Kin Kin Quarry – Information Sheet
                                   2.    Legal advice in relation to the Kin Kin Quarry (Note: This attachment is
                                         confidential and not for public release)



EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Chief Executive Officer to the Ordinary Meeting dated 17
December 2020 and:
A.                     Note the confidential legal advice in relation to the operation of the Kin Kin Quarry provided as
                       Attachment 2 to the report;
B.                     Authorise the Chief Executive Officer to initiate legal action in accordance with that advice and
                       to work with Council’s legal advisers in gathering the necessary evidence prior to initiating that
                       legal action.



REPORT
1.                     Background

As Council would be aware, the Kin Kin Quarry has a long and extensive history dating back to its
original approval in July 1987. There have been numerous court cases and decisions over the last
33 years in relation to that site and its operation as a quarry.

This report is not intended to cover all of that history however, by way of background, Attachment 1
to this report contains an information sheet which covers some of the more relevant history, current
issues and the role of different government agencies. This is provided by way of background and
this information sheet will shortly be placed on Council’s website for the information of our community
as well.

Also as Council would be aware, there is considerable community angst in relation to the
intensification of use of the quarry resulting in a large number of quarry trucks going to and from the
quarry site, thus impacting on resident amenity and well-being. The Mayor has established a
Roundtable bringing together all relevant government agencies (Police, Transport and Main Roads),
local State Member Sandy Bolton, representatives of community groups (Kin Kin Community Group,
Save Noosa Hinterland and more recently, the Pomona Chamber of Commerce), representatives of
the quarry operators (Cordwells) and relevant Council staff.

Council has also retained the services of a Special Project Officer to provide support to the affected
communities and to assist the Mayor and Council officers with the Roundtable and community
liaison.

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