Nick Cooke
See the votes on this matter →
What was decided?
The minuted decision sequence
No separately labelled carried Council Resolution has been identified here. Read each formal event and the complete item minutes; a lost motion is not necessarily the final outcome.
Read complete item-specific minutes
Question 1
To assure Hinterland residents that Council will effectively enforce the Kin Kin Quarry Management Plan, can council outline the specific actions it will take to address the enforcement constraints identified through the failed court action Noosa Council v Cordwell Resources (155/21) and the decision not to pursue over $160,000 in fines issued to the Kin Kin Quarry operator?
Response provided by Director Development & Regulation, Richard MacGillivray
Thank you for your question regarding Council’s enforcement of the Kin Kin Quarry Management Plan (QMP). Council understands the community’s concerns and remains committed to ensuring compliance with the approved conditions, including the QMP.
In response to the court proceeding, it is acknowledged that Council was successful in part of the proceedings with an enforcement order being granted with respect to covered loads. It is also relevant to highlight that Council has also successfully defended an appeal against an Enforcement Notice relating to fixed plant infrastructure in the Planning & Environment Court, with obligations continuing to be pursued. Regarding historical infringement notices that were appealed, these were not pursued through the Magistrates Court as Council focused its legal efforts on broader compliance issues in the Planning and Environment Court. Due to statutory limitations, these past infringements can no longer be pursued. However, Council remains committed to considering all available enforcement options should any clear breach be identified and validated moving forward. In terms of ongoing compliance monitoring regular inspections are being conducted at varied times to assess quarry operations in line with council approval requirements. Council has worked with contractors to introduce automated data capture systems, reducing reliance on manual monitoring and improving the consistency and reliability of compliance data, this data is supported by photographic and video evidence. Ongoing review of this data demonstrates that the quarry operations are generally in accordance with their obligations under the QMP regarding vehicle queuing and departure intervals. Council also working closely with the State Department of Environment, Science and Innovation (DESI) who regulate the Quarry operations through an Environmental Authority.
To assure Hinterland residents that Council will effectively enforce the Kin Kin Quarry Management Plan, can council outline the specific actions it will take to address the enforcement constraints identified through the failed court action Noosa Council v Cordwell Resources (155/21) and the decision not to pursue over $160,000 in fines issued to the Kin Kin Quarry operator?
Response provided by Director Development & Regulation, Richard MacGillivray
Thank you for your question regarding Council’s enforcement of the Kin Kin Quarry Management Plan (QMP). Council understands the community’s concerns and remains committed to ensuring compliance with the approved conditions, including the QMP.
In response to the court proceeding, it is acknowledged that Council was successful in part of the proceedings with an enforcement order being granted with respect to covered loads. It is also relevant to highlight that Council has also successfully defended an appeal against an Enforcement Notice relating to fixed plant infrastructure in the Planning & Environment Court, with obligations continuing to be pursued. Regarding historical infringement notices that were appealed, these were not pursued through the Magistrates Court as Council focused its legal efforts on broader compliance issues in the Planning and Environment Court. Due to statutory limitations, these past infringements can no longer be pursued. However, Council remains committed to considering all available enforcement options should any clear breach be identified and validated moving forward. In terms of ongoing compliance monitoring regular inspections are being conducted at varied times to assess quarry operations in line with council approval requirements. Council has worked with contractors to introduce automated data capture systems, reducing reliance on manual monitoring and improving the consistency and reliability of compliance data, this data is supported by photographic and video evidence. Ongoing review of this data demonstrates that the quarry operations are generally in accordance with their obligations under the QMP regarding vehicle queuing and departure intervals. Council also working closely with the State Department of Environment, Science and Innovation (DESI) who regulate the Quarry operations through an Environmental Authority.
Question 2
Can Council continue to assure the Hinterland community, that the council will not extend the Kin Kin Quarry permit beyond its end-of-life 2033 sunset clause, which marks 46 years since the original approval?
Can Council continue to assure the Hinterland community, that the council will not extend the Kin Kin Quarry permit beyond its end-of-life 2033 sunset clause, which marks 46 years since the original approval?
Response provided by Director Development & Regulation, Richard MacGillivray
Thank you for your question regarding the future of the Kin Kin Quarry and Council’s position on the 2033 sunset clause. Council acknowledges the strong community interest in ensuring that the quarry operations do not extend beyond the current approval period. If an application is made to extend the sunset clause Council will assess the application thoroughly, with full consideration of community concerns, environmental impacts, and planning requirements. It is important to acknowledge that the site is subject to a State imposed Key Resource Area (KRA) overlay. If no application is made to extend the currency period, the current sunset clause remains in place and is enforceable. We appreciate the community’s ongoing interest on this matter and will continue to provide regular updates in due course.
This summary follows this item’s minutes. The established voting totals use their existing method while differences are checked against the full records.
What was said?
Named discussion on NoosaWatch TV
These actual transcript passages match the item’s wording. The start and end of the item’s discussion are not yet confirmed; these excerpts are not measured item airtime or exact decision moments.
Nick Cooke30:54
Since 2020, Noosa Council has assured the community that the impacts of the Kin Kin quarry are being addressed through legal action in Noosa versus Cordwell Resources. However, these proceedings have failed to restrict crop movements or yield any tangible result. Council has chosen not to pursue. Over $160,000 in fines issued to the operator. And the situation continues to escalate, largely unabated. Residents not been need forgotten by Council committing to a forward plan to deal with the quarry in light of the recent failures, including specific actions it will now take to address these enforcement limitations, compliance issues, and actions to protect hinterland residents' amenity and safety. Particularly, how will Council enforce the quarry management plan when most attempts have failed? What will be done differently? To assure hinterland residents that the Council will effectively enforce the quarry management plan, can Council outline the specific actions it will take to address the enforcement constraints identified through the failed court action as the Council recalls resources and the decision not to pursue over 160,000 bolts and fines issued to the Kin Kin quarry operator?
Nick Cooke33:59
Residents have repeatedly been assured that Council would not extend the Kin Kin quarry permit. Beyond its end-of-life 2033 sunset clause, which marks 46 years since the original approval. As previous actions to rein in the quarry failed, I and many others look toward the 2033 date with trepidation. We need assurances and a commitment that the quarry will end in 2033, and the Council will do everything to stop it extending. There are avenues the Council could and should be exploring before an application to extend is made. This is one of the most important issues facing us at this point in time. Can Council continue to assure the hinterland community that the Council will not extend the Kin Kin quarry permit beyond its end of life 20D through a sunset clause which marks 46 years since the original approval?
1 suggested discussion start time
- 1849.0 seconds on the council source timeline · Recording time not yet verified. The end of the discussion is not yet confirmed.