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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       APPENDIX A
      Quarry first approved in 1987
      The quarry was approved by Council in July 1987, subject to conditions. The approval was for 3 years
       and made provision for subsequent extensions of the approval by Council. It was also subject to some
       roadwork requirements and included the requirement for a Management Plan to be lodged with Council.
       The applicant appealed Council's decision, with the Local Government Court issuing a Court Order in May
       1988 reducing the extent of roadworks required and giving an operating life of 30 years. In terms of road
       improvements, the conditions of approval required:
       .    upgrading of the intersection of Sheppersons Lane and Kin Kin Road;
       .    upgrading of the existing timber bridge within Sheppersons Lane; and
       .   the widening and upgrading of Sheppersons Lane from intersection with Kin Kin Road to the access
            point to the site.
       These road upgrade works were subsequently undertaken by the former Noosa Council, around the time
       Noosa Council had a lease over the quarry site. Notably, the requirement to upgrade the intersection of
       Sheppersons Lane with Kin Kin Road was a requirement of the Main Roads Department at the time, as
       Council's Shire Engineer sought their advice in relation to the application as part of the assessment.
      The conditions of approval also require the performance of regular maintenance of roadworks within
       Sheppersons Lane, including the removal of any materials which may fall from vehicles transporting quarry
       matenals.
       The conditions do not include an annual tonnage limit on excavation, but do require the quarry to operate
       in accordance with a Management Plan addressing location of siltation ponds, the extent of proposed
       excavations, access, location of crusher and office, buffers to adjoining properties boundaries and
       rehabilitation procedures. In 1991, a Management Plan for Ready Mix was approved.
       Extension to Term of
       In 2003, Council extended the term of the quarry until 12 May 2033, subject to conditions. These conditions
       required the submission of an updated Management Plan. In 2005, an updated Management Plan by the
       Neilsen Group was approved by Council. It identified a similar quarry footprint to the 1991 Management
      Plan, with the quarry to be quarried from the top down.
       First Breach Action
       In September 2010, officers issued a Show Cause Notice to the operators, requiring that the conditions of
       the development approval be complied with. At the time, there was significant community concem over
      the operations of the quarry, and inspections indicated that the quarry was not being operated in
       accordance with the approved Neilsen Group Management Plan. The operators challenged Council's
       Show Cause Notice and, due to the non-specificity of the 2005 Management Plan, Council could not
      proceed further with this action.
       Amended QMP lodged
       In December 2011, an amended Management Plan was submitted by the quarry operator, seeking to
       commence quarrying at the botiom of the hill and then proceed to the hilltop and quarry down. This
       Management Plan provided a greater amount of detail to that contained in the previously approved
       Management Plan for the site, but maintained a degree of flexibility in relation to the operation, recognising
      that quarry operations are an evolving process affected by the nature of the extracted resource and market
       demand for material.
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