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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       Kin Kin Community Group Action
       In October 2010, the Kin Kin Community Group contested the quarry approval, asking the Planning &
       Environment Court:
       .    Whether the town planning consent approval given by Noosa Shire Council in 1987 was lawfully
            given;
       .   Was the order made by the Local Government Court on 13 May 1988, allowing the appeal against
            some conditions to which the Noosa Shire Council subjected its approval and varying conditions,
            made within jurisdiction;
       .    In the event the approval of the Council was lawfully given and the Court's orders were within its
            jurisdiction, did the town planning consent approval lapse; and
       .    In the event the approval has not lapsed, is use of the site for quarry purposes for extractive industry,
            limited to the area and scale of development particularised in the application for town planning
            consent and the town planning consent limited only until 2018.
       The judge dismissed all of the Group's claims in December 2010.
       Environmental Protection Order Issued
       In early 2011, the Department of Environment and Resource Management issued an Environmental
       Protection Order to the operators of the quarry through their Environmentally Relevant Activity permit. The
       Environmental Protection Order specified that no further material was to be extracted from the quarry on
       a commercial basis until a number of steps had been undertaken, including the implementation of
       appropriate stormwater management measures. In January 2012, the Department of Environment and
       Resource Management informed the applicant that the Department was satisfied all actions had been
       completed regarding the Environmental Protection Order, and all activities must be undertaken in
       accordance with the Environmentally Relevant Activity permit.
       The Environmentally Relevant Activity Permit allows for the extraction of up to 1,000,000 tonnes a year. In
      March 2014 the Department of Environment and Heritage Protection revised the water management
       conditions over the previous environmental licence.
       Approval of Amended QMP
       In July 2012, the Sunshine Coast Regional Council resolved to approve, in part, the amended Quarry
       Management Plan for the initial quarry development phase, given a feasible Stormwater Management
       Plan was only included for that phase. This meant that the Management Plan will be required to be further
       updated in the future and approved by Council before further quarrying stages proceeded. The Council
       also requested a number of amendments to be made to the Management Plan.
       At its Ordinary Meeting on 23 May 2013 Council considered further amendments to the Quarry
       Management Plan and resolved again to approve the plan in part, subject to 8 amendments being made
       to the Management Plan.
       At its Ordinary Meeting on 19 September 2013 Council considered a further amendment to the Quarry
       Management Plan in relation to the haul route, with Council maintaining the previously approved haul
       route.

       Breach Action in 2014-2016
       In late 2014 complaints were received that the quarry operators had blasted the lower foothill area (‘the
       finger’), which is predominantly outside of the approved short term development area footprint and in part
      outside the long term approved footprint of the excavation area. The matter was reported to Council and
       an application to the Planning & Environment Court was subsequently lodged. The application sought
      orders from the Court that excavation is not permitted outside the approved excavation footprint and that
       works undertaken outside the approved footprint were in breach of the approval.
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