Court overturns Santin Quarry, Monaltrie extension approval in landmark ruling

In a landmark legal decision, the NSW Land and Environment Court has ruled against the extension of a controversial Northern Rivers quarry’s operational life.

Santin Quarry on Riverbank Rd, Monaltrie.

In a landmark ruling, the New South Wales Land and Environment Court has invalidated the extension of a Northern Rivers quarry’s operational life.

Siding with the Monaltrie Area Community Association against Lismore City Council, Justice John Robson’s decision, handed down on April 23, nullifies the council’s approval of a modification application that sought to extend the quarry’s life by 12 years.

The ruling underscores the importance of adhering to statutory requirements when modifying development consents.

The legal battle began when the Monaltrie Area Community Association (MAC) challenged the council’s decision, arguing the approval did not meet statutory requirements under the Environmental Planning and Assessment Act (EPA Act).

The association contended the council failed to ensure the modified development was “substantially the same” as the original consent granted in 1993.

A development application has been lodged with Lismore City Council to expand the life of Santin Quarry on Riverbank Rd, Lismore.

“Justice Robson ruled in favour of MAC, stating the Council did not have power to approve the modification application as the original consent had lapsed, and as such the modification application granted on October 10, 2023 is invalid and of no effect,” a spokesman for MAC said.

He said that MAC believed the modification application couldn’t be approved for several reasons.

After the Council approved it on October 10, 2023, MAC had no choice but to pursue legal action by initiating class 4 proceedings in the NSW Land and Environment Court to uphold the law.

Santin Quarry on Riverbank Rd, Monaltrie.

MAC pointed out significant changes, such as extended operational hours and altered haulage routes, which they believed deviated from the original plan.

Justice Robson found merit in MAC’s primary argument, determining the council’s decision lacked the necessary state of satisfaction required by the EPA Act.

This oversight rendered the approval invalid.

However, the court did not find enough evidence to support MAC’s other claims, such as the alleged unreasonableness of the council’s decision.

“Although this has been an almighty challenge for a small community group seeking to have the law upheld, MAC is very pleased with the outcome and is relieved to have had a line drawn in the sand by the Court,” a spokesman for MAC said.

As a consequence of the court’s decision, the approval granted by the Lismore City Council on October 10, 2023, is now void.

The court has reserved the issue of costs, allowing parties to submit further arguments by May 1.

Got a news tip? Email [e-mail]