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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        Background
        The quarry was approved by Council in July 1987 subject to conditions. Under the planning legislation
        there is no ability for this approval to be revoked or changed (without the owners agreement), with the
        approval valid until 12 May 2033.
        The conditions require the quarry to operate in accordance with an approved Quarry Management Plan
        (QMP), which includes a number of requirements that address on site operations, including stormwater
        management and traffic management.

        While the conditions do identify the approved extraction footprint for the quarry, the conditions do not
        include an annual extraction limit or restrict the number of trucks permitted on the haul route.
        For a comprehensive background of the Kin Kin Quarry, refer to Appendix A below.
        To change the approval for the quarry, would require an application to be made by the land owner and the
        operator (Cordwells) to Council. The process to change the quarry approval is regulated by the Planning
        Act 2016, state legislation, with the land use rights afforded by the approval protected by this Act. This
        means new planning requirements and/or state legislation such as the new koala conservation protections
        for South East Queensland do not apply.

        Quarry Operating Hours
        The permitted operating hours are 6am to 6pm Monday to Friday and 7am to 5pm Saturday, with trucks
        not to be loaded outside the approved operating hours or leave the site full after operating hours.

        Haul Route
        The QMP requires that the main haulage route for the quarry is Kin Kin —- Pomona Road which is state
        controlled road, though Dr Pages Road and other local roads may be used for local deliveries. This
        haulage route was identified in the original application to Council and has been reflected in subsequent
        approved QMPs. To change the haul route would require a development application to be lodged with
        Council. Such an application would be subject to public consultation with the community including
        residents along any proposed new haul route.

        QMP - Traffic Management Requirements
        ¢  Trucks must not arrive at the quarry site prior to the approved operating hours;
        e  Departures from the quarry site are to be staggered with a minimum gap of 5 mins between trucks;
        e  Where trucks encounter other heavy vehicles, the minimum separation distance between heavy
           vehicles is to be approximately 60m but with greater separation distances recommended for drivers;
        e  When approaching the quarry site, drivers are to maintain a minimum separation distance of 300m to
           avoid causing queuing at the quarry entry;
        ¢  To assist in maintaining these separation distances, drivers should communicate with other drivers on
           UHF Channel;
        e  Truck drivers are not to overtake other vehicles;
        e  The quarry operator is to seek to minimise truck movements by rescheduling product deliveries from
           the site and discouraging unnecessary truck movements, during school bus hours.

        NOOSA COUNCIL               PO Box 141                 P. (07) 5329 6500      [email protected]
                                    TEWANTIN QLD 4565          F. (07) 5329 6501      wvyw.noosa.gid.gov.at

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