Noosa Council loses bid to stop Kin Kin Quarry operators from driving trucks during peak hours

Noosa Council has failed in trying to stop a controversial quarry operator from driving trucks during school bus hours. Now residents are looking towards their next step.

A community fighting to stop a controversial quarry operator driving trucks during school bus hours in the Noosa hinterland haven’t given up hope despite a court opposing an interim order.

Noosa Council lost its interim bid last month to stop operator Cordwell Resources from continuing to use trucks from its Sheppersons Lane quarry on the Pomona Kin Kin Road during school hours.

The council’s application to the Planning and Environment Court was lodged in the hopes of offering some relief to residents who have previously voiced concerns about the impact the truck movements had on the community.

The Kin Kin Quarry.

More than 20 Kin Kin and Pomona residents had provided statements to council which were used as part of its legal case against the quarry operator.

Noosa hinterland resident Sarah Keating said the trucks started passing her house at 5.30am and didn’t stop until after 6pm, six days a week.

“It‘s relentless, makes it very unsafe to use the roads and there’s been a number of incidents with school buses that now people don’t want to put their kids on the school buses,” Ms Keating said.

“It’s an absolute miracle there hasn’t been a fatality but we all know it’s only a matter of time before luck runs out.

“We don’t want that to happen, we want to stop that because it’s going to be someone we know, it’s going to be horrific.”

Concerned residents met with Noosa Council, Noosa MP Sandy Bolton and Transport and Main Roads representatives on Monday, December 7, to discuss the failed bid at putting a temporary stop to the truck movements.

Mayor Clare Stewart said while disappointed with the outcome, the council accepted Judge Gary Long’s decision.

“It’s extremely tough for the community and council to hear the judgment, but we must accept the umpire’s decision,” she said

“But it should be noted that this is not the final step in council’s enforcement action and we will continue to stand with the community.”

Noosa Mayor Clare Stewart. Picture: Mark Cranitch

Judge Long stated in his judgment one of the reasons he refused the interim order was that he deemed it unnecessary because the truck movement ban would be in place during the school holiday period, and no school buses would be using the roads.

He ordered the remainder of the court proceedings between the two parties be brought forward to March 2022 to ensure any future disruptions to the community can be minimised.

Ms Keating said she felt Judge Long’s decision was “very fair” and agreed he needed more time to look at all the evidence.

“It was as expected because the amount of evidence is huge and he didn’t have time to go through it all and have a look at it all,” she said.

“We completely understand why he made that decision … he didn’t want to make snap judgment.”

Council will now progress its application to the Planning and Environment Court seeking full enforcement orders centred on alleged breaches by Cordwell Resources and seek to address the intensification of use issues.

Hinterland residents rally against the Kin Kin Quarry trucks at Noosa Council recently.

Court documents state the council alleges Cordwell Resources breached the number of traffic movements approved by the council in the original development application.

The quarry operator also allegedly failed to prevent quarry trucks from hauling uncovered loads, operating outside of approved hours and an increase in trucks operating contrary to approvals by council.

Noosa Council acting CEO Larry Sengstock said council was committed to the court action.

“Final enforcement orders will be sought requiring the operators to limit the number of quarry trucks per day, avoid convoying and ensure movements are within the operating hours, with all truck loads covered,” Mr Sengstock said.

Ms Keating said the community, despite the initial legal setback, still felt positive about their case.

“It’s really key to stay positive, it’s nice to have this at last as we’ve waited a long time,” she said.

“Some people have been doing this for 10 years, and more have been affected in the last two years since the new quarry operators began.”

The final hearing will take place over three days from March 2-4, 2022.

Cordwell Resources was yet to respond at the time of publication.

Originally published as Noosa Council loses bid to stop Kin Kin Quarry operators from driving trucks during peak hours