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

ORDINARY MEETING REPORT                                                            17 DECEMBER 2020


Previous Council Consideration
Ordinary Meeting Minutes, 19 May 2016, Item 2, Page 13
That Council note the report by the Manager Planning & Environment and Coordinator Planning to
the Planning & Environment Committee Meeting dated 10 May 2016 and the further report to the
Ordinary Meeting dated 19 May 2016 and advise Council’s solicitor to settle the current Court
applications generally in accordance with the following:
A.    Agree to settle the Neilsens Quality Gravels Pty Ltd application D18 of 2016 to the Planning
      and Environment Court in accordance with the draft judgement subject to the further agreed
      amendments set out in the confidential report;
B.    Discontinue the Noosa Shire Council application D114 of 2015 to the Planning and
      Environment Court; and
C.    Enter into a Deed of Agreement whereby the quarry operator is to pay Council’s expert costs
      associated with the above matters and payment of $30,000 into an appropriate land
      management fund.


Ordinary Meeting Minutes, 22 October 2015, Item 10, Page 10
That Council note the report by the Manager, Planning & Environment to the Planning & Organisation
Committee Meeting dated 13 October 2015 and authorise the Chief Executive Officer to proceed
with further legal action is required in accordance with the proposed approach set out in the
confidential report.


Ordinary Meeting Minutes, 2 July 2015, Item 2, Page 12
That Council note the report by the Manager, Planning & Environment to the Ordinary Meeting dated
2 July 2015 and resolve to address the breach of the development approval and conditions of the
Kin Kin Quarry by Neilsens by lodging proceedings in the Planning & Environment court in
accordance with the proposed approach set out in the Closed Session Report.


Ordinary Meeting Minutes, 12 February 2015, Item 5, Page 9
That Council note the report by the Manager, Planning & Environment to the General Committee
meeting dated 9 February 2015 and resolve to address the breach of the development approval and
conditions of the Kin Kin Quarry by Neilsens by instructing officers to take action in accordance with
Options 1 and 3 outlined in the report and authorise the CEO to make this information public once
the actions have commenced.

Finance
It is not yet possible to provide an accurate estimate of what this litigation will cost Council. That will
depend on a range of variables including expert costs, the extent to which the litigation is contested
etc. The ongoing cost can be monitored through the Case Management Working Group. It should
be noted, however, that Council’s legal costs in the planning area are already over budget.

Risks & Opportunities
Any litigation has risks associated with the outcome. Nevertheless, pursuing court action will support
our community in seeking to ameliorate the impacts of the Kin Kin Quarry on residents in affected
hinterland areas.




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