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

ORDINARY MEETING REPORT   17 DECEMBER 2020




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ORDINARY MEETING REPORT                                                             17 DECEMBER 2020

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       During the course of Council's application to the P&E court, the quarry operators also made an application
       to the P&E Court to change the quarry approval and incorporate a new management plan into the
       conditions of approval. The changes sought to consolidate all the approvals, including the Extension to
       Term of Approval into one document for ease of reference and delete, amend existing conditions and
       include additional requirements. A new condition to comply with the management was of significant benefit
       to the Council with respect to its enforcement obligations and future dealings with the quarry operators. It
       overcame a flaw in the original approval which undermined the Council’s ability to enforce the QMP or
       effectively regulate the quarry’s operations, removing the uncertainty. It also meant future changes to the
       QMP must also be by way of a statutory development application process.
       The amended QMP also provided for an annual audit to be undertaken of the quarry by an independent
       specialist on behalf of Council but paid for by the operators. Council consequently resolved to not continue
       with their application, and settle the operator's application to the cour. A Deed of Agreement was also
       entered into to pay Council's costs in the matter and payment of $30,000 to an appropriate land
      management fund.
       Since then officers have undertaken regular inspections of the quarry activities as workload permits.
       Breach Action in    2020
       In early 2020, after a large rain event, complaints were received from residents that dirty water was coming
      from the quarry site. Inspection by officers and the state found a significant breach, with the quarry
       operator extending the excavation area without first extending the necessary stormwater management
       controls. The operators were issued an Enforcement Notice and infringement notice by officers. The
       operators have since complied with all actions required by the Enforcement Notice and the fine will be
       collected through SPER.

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