Noosa Council loses appeal over controversial Kin Kin Quarry

A tense court battle between the Noosa Council and a longstanding, controversial quarry has finally drawn to a close, with a judge handing down his findings.

A B-Double used to cart material from Kin Kin quarry.

A tense court battle between the Noosa Council and a longstanding, controversial quarry has finally drawn to a close, with a judge finding a lack of evidence behind a number of allegations.

Planning and Environment Court documents show the decision in the appeal between the Noosa Council and Cordwell Resources Pty Ltd was handed down by District Court judge Gary Long on Friday, November 29 at Maroochydore.

The Council argued the Kin Kin Quarry, operated by Cordwell Resources, was not operating in accordance with approvals and sought to have enforcement orders to limit the scale of the site.

The approval for the site is due to expire on May 12, 2033.

One of the main allegations made by the council involved trucks carrying large loads from the quarry not using trailer covers, which would constitute a breach of the operating code.

Kin Kin quarry truck protesters have been vocal about the controversial quarry for years.

The court documents stated the quarry must operate in a way that minimises the impact on the surrounding rural roads and residences.

“The target for the Kin Kin Quarry is to minimise traffic-related community complaints and have no incidents or accidents involving haulage vehicles associated with the quarry.

“Additionally it is noted the site is in a rural environment and that trucks must not arrive at the quarry site prior to the approved operating hours and must not leave the site with a full load after the approved operating hours.”

Court documents state a number of control measures have been implemented such as restricting speed and introducing a “no tarp, no load” policy for trucks travelling in and out of the quarry.

Mr Long dismissed the council’s application for an enforcement order, stating there was little evidence behind allegations of breaches and the quarry had significant measures in place to minimise impacts on the area.

Mr Long also said the application gave the quarry an opportunity to address some the concerns raised.

“The parties should be given the benefit of opportunity to more specifically address these and any other specifically relevant considerations, now that there can be particular focus upon the basis upon which s 180 of the PA, is engaged, and it might be said, to the extent that the Applicant seeks to have an enforcement order made in the circumstances,” Mr Long said.