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

ORDINARY MEETING REPORT   17 DECEMBER 2020




                               Page 6 of 10

ORDINARY MEETING REPORT                                                            17 DECEMBER 2020

                    ere                         aor        i sini       SS
        Oh Cra                rarererr=           SF     se             caer ep ip
     -         NOOSA COUNCIL                    FR    Saik<=
        um                                             Siete           .
                 a                                       |              :
        Driver Behaviour
       Speeding, and non-compliance of road rules along the road network must be reported to the police, as
       these issues are matters for the police to investigate and address. The police have been  actioning
        complaints where the owner of the truck can be identified — vehicle registration number.

        Actions Taken To Date
        e Both Council and the local state member have been advocating for some time for the Kin Kin Pomona
          road to be upgraded, as it is recognised that the quarry operations are significantly impacting on other
          road users and residents along this route.
        e  Local police have been asked to monitor the road and driver behavior and have issued a number of
           fines for traffic infringements.
        e  Council has written to Cordwells and all the trucking companies using the quarry advising them of the
           QMP traffic management requirements and wamed them that infringements will be issued for
           breaches.
        «  A camera and traffic counter has been installed on Shepperson Road for surveillance and monitoring
           purposes to ensure Cordwells and truck drivers are adhering to the quarry management plan
           requirements. Infringements are being issued to Cordwells for breaches identified.
        e Regular inspections are undertaken of the quarry operations by Council officers, with joint inspections
           with officers from the state’s Department of Environment also conducted from time to time.
        e An annual audit of the quarry operations is also undertaken by an extemal independent auditor
           specialised in stormwater management, with Cordwells required to reimburse Council's costs for this
           audit.
        «  Council have previously issued notices/infringements to the quarry operators on a number of occasions
           for breaches of the approval and are continuing to actively monitor the quarry and take compliance
           action.
        e  Council has formally written to the Department of Transport and Main Roads calling for the department
           to investigate the Pomona-Kin Kin Road and identify what works can be done to improve the safety of
           this state controlled road.
        « Council is currently seeking a legal opinion from a Barrister on what actions Council may be able to
           take to stop/minimise the impacts from the quarry operations on road users and residents.

        Round Table
        A round table has been established by Council with Sandy Bolton, representatives of the Kin Kin
        Community Group, Martin and David Cordwell, Local Police, DTRM representatives, councilors and
       council officers. The round table is intended to provide a forum to identify issues arising from the quarry
        operations and work together to identify potential solutions.

        Department of Natural Resources - Mines
        This state department are responsible for the safety and health requirements for quarry workers, including
        explosive safety. It is important to clarify that this department has no jurisdiction outside the boundaries
        of the quarry site.

        Department of Environment & Science
        The quarry has approval from this department for an Environmentally Relevant Activity (ERA). The ERA
        permits up to 1,000,000 tonnes to be extracted annually and primarily regulates potential environmental
        impacts from the quarry operations such as ensuring appropriate stormwater management measures are
        in place to address the quantity and quality of water runoff from the quarry site.

                                                                                              Page 2

                                                                                           Page 6 of 10