Kin Kin Quarry

Speeding, and non-compliance of road rules along the road network must be reported to the police, as these issues are matters for the police to investigate and address. The police have been actioning complaints where the owner of the truck can be identified – vehicle registration number.

• Council worked with the hinterland community to take legal action in the Planning and Environment Court. Council engage Barrister to
• Proceedings were filed on September 17, 2021 in Maroochydore Court
• Community provided extensive, detailed witness statements for the court case.
• A three-day hearing conducted before His Honour Judge Long SC on March 2,3,4 2022 in the Planning and Environment Court.
• June 2022, His Honour Judge Long SC reserves his decision after a closing submissions hearing. Now Awaiting final judgement.
• Council and the local state member have been advocating for the Pomona Kin Kin road to be upgraded, as it is recognised that the quarry operations are significantly impacting on other road users and residents along this route.
• Local police continue to monitor the road and driver behaviour and have issued several fines for traffic infringements.
• Mayor has written two open letters to Cordwells (January 2021 and June 2021) with no action to our suggested requests.
• Council continues to remind all trucking companies using the quarry of the QMP traffic management requirements and warned them that infringements will be issued for any breaches.
• Council has previously issued notices/infringements to the quarry operators for alleged breaches of the approval.
• A camera and traffic counter has been installed on Sheppersons Road for surveillance and monitoring purposes to ensure Cordwells and truck drivers are adhering to the quarry management plan requirements.
• Regular inspections are undertaken of the quarry operations by Council officers, with joint inspections with officers from the state’s Department of Environment also conducted from time to time.
• A dedicated officer was engaged to liaise with impacted hinterland residents and has been the conduit between council and residents on a range of matters/issues
• An annual audit of the quarry operations is also undertaken by an external independent auditor specialised in stormwater management, with Cordwells required to reimburse Council’s costs for this audit.
• In December 2022, Mayor arranged for Assistant Minister for Local Government Nikki Boyd to spend the day in the hinterland to tour the quarry and impacted roads.
• Mayor, Acting CEO and TMR officials held a face-to-face meeting with then Transport Minister Mark Bailey, seeking action from the Queensland Government
• Council has formally written to the Department of Transport and Main Roads calling for the department to investigate the Pomona-Kin Kin Road and identify what works can be done to improve the safety of this state-controlled road.
• Council made a submission to the Federal Government under the EPBC Act over a vegetation clearing application by the operator. It was one of 91 submissions made to the Federal Government regarding the application.
• Mayor wrote to Minister Tanya Plibersek to articulate council’s concern over the vegetation clearing.
• Council has issued enforcement notices to the operator over alleged breaches of the QMP regarding the construction of a fixed screening plant onsite.
• An annual audit of the quarry operations is also undertaken by an external independent auditor specialised in stormwater management, with Cordwells required to reimburse Council’s costs for this audit.
• Council in partnership with community members, facilitated two public meetings to explain the legal process.

June 27 2022: Noosa Mayor Clare Stewart says Council staff and the hinterland community are now anxiously awaiting the final decision of the Planning and Environment Court, relating to the Kin Kin Quarry case.

His Honour Judge Long SC has reserved his decision after last week’s closing submissions hearing.

“Given what the community continues to live through, we all want a quick decision on this matter. But given the complexity of the legal arguments and large volume of material, we understand it may take some time for the decision to be handed down,” the Mayor said.

Cr Stewart thanked hinterland residents and those who gave evidence during the hearing.

“We will continue to stand with the community on this matter.

“Extensive evidence was put forward by Council from residents, Council employees, a town planning expert and a traffic safety expert,” Cr Stewart said.

“Our legal team has done an exceptional job arguing our community’s case, and now the outcome is in the hands of the court,” Cr Stewart said.

“The CEO and Council staff will continue to monitor the operations of Cordwell Resources to ensure they are complying with the Quarry Management Plan,” she said.

CEO Scott Waters said Council remained committed to working with the community on the matter.

“We have invested considerable resources into this legal case and like the impacted community hope for a favourable outcome from His Honour,” he said.

A three-day hearing was conducted before His Honour Judge Long SC on 2,3,4 March 2022 in the Planning and Environment Court.

Earlier:

A further hearing was held on 19 April 2022.

The matter was then set down for Friday 17 June 2022 for final oral submissions from both parties.

Judge Long SC will then rule on the matter.

Previous Court Hearings:

On 25 November, 2021, His Honour Judge Long SC dismissed Counciil's interim order application to stop all quarry truck movements during school bus hours.

Although disappointed with the decision, Mayor Clare Stewart said we must accept the umpire's verdict.

“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.”

The decision followed a half day hearing before Judge Long SC on 12 November 2021 in the Planning and Environment Court in Maroochydore.

Council is now finalising documents for its application to the Planning and Environment Court seeking full enforcement orders centred on alleged breaches by the Quarry operator Cordwell Resources and seek to address the intensification of use issues.

Acting CEO Larry Sengstock said final enforcement orders will be sought requiring the operators to limit the number of quarry trucks per day.

"We want to minimise truck movements,avoid convoying and ensure movements are within the operating hours, with all truck loads covered,” Mr Sengstock said.

The final hearing will take place over 3 days from the 2 – 4 March 2021.

BACKGROUND

An initial directions hearing was held on Friday, 24 September 2021.

The interim hearing was held on 12 November 2021 where Council failed in its bid to seek interim enforcement orders for all quarry truck movements to cease during school bus hours.

Mayor Clare Stewart has thanked community members for their unwavering commitment over several months to gather the necessary evidence.

Cr Stewart said over 20 residents have provided statements which will form a critical part of the legal case.

“We continue to stand with the Hinterland community on this issue to ensure the safety of residents and their families,” she said.

Council conducted a Community Meeting on Thursday 23 September 2021 at the Majestic Hall in Pomona, to update residents on the next steps in the legal fight.

To access a copy of all court documents, visit the e-courts website https://bit.ly/3kqPIcH

A Kin Kin Quarry roundtable was established by former Mayor Clare Stewart to provide a forum to identify issues arising from the quarry operations and work together to identify potential solutions.

It included Noosa MP Sandy Bolton, representatives from three hinterland community groups, Queensland Police Service, Department of Transport and Main Roads representatives, CEO, councillors, and council officers.

The 12th and final Kin Kin Quarry roundtable meeting was held in March 2024, cementing the group’s ongoing dedication and commitment in the battle against Kin Kin Quarry operator Cordwell Resources.

CEO Larry Sengstock said the meeting was to keep the hinterland community groups, agencies, Noosa MP and staff informed.

“It has been a three-year fight, which effectively started in early 2021 and this council has stood alongside the impacted hinterland community every step of the way to ensure Cordwell Resources adhere to the existing Quarry Management Plan.” he said.

Final submissions in the legal case were made in June 2022 before his Honour Judge Long SC in the Planning and Environment Court.

This state department is responsible for the safety and health requirements for quarry workers, including explosive safety. It is important to clarify that this department has no jurisdiction outside the boundaries of the quarry site.

The quarry has approval from this department for an Environmentally Relevant Activity (ERA). The ERA permits up to 1,000,000 tonnes to be extracted annually and primarily regulates potential environmental impacts from the quarry operations such as ensuring appropriate stormwater management measures are in place to address the quantity and quality of water runoff from the quarry site.

Complaints relating to haulage vehicles and quarry operations can be made in the following way:

1. In normal business hours, by phoning the Quarry Manager, Martin Cordwell on 5446 7204;
2. If outside normal business hours or the nominated person is not available:
   1. Phone the Group Quarry Manager, Martin Cordwell on 5446 7204;
   2. Send an email to the Complaints Desk at office@cordwells.com.au, or
   3. Writing a letter to the quarry:
      Cordwell Resources
      27 Gloucester Rd, BUDERIM QLD 4556

Persons making the complaint must:

1. Be prepared to give their name and a contact phone number;
2. Indicate the place and time of the event which necessitated them making a complaint and if possible the registration number of the unit involved;
3. Give sufficient detail of the event to allow enquiries to be made. The company, on receiving a complaint relating to product haulage from Cordwell’s quarry site, will ensure that:
   1. the complainant will be contacted no later than the next business day following the complaint being received;
   2. details of the complaint will be recorded on a standard form labelled "Record for Complaints";
   3. each complaint will be immediately investigated;
   4. complainants will be advised as soon as possible of the result of the investigation;
   5. in any case a verbal response will be provided within 3 business days from contacting the complainant.

A full record of all complaints and actions taken is required to be maintained by the company.

Quarry first approved in 1987

The quarry was approved by Council in July 1987, subject to conditions. The approval was for 3 years and made provision for subsequent extensions of the approval by Council. It was also subject to some roadwork requirements and included the requirement for a Management Plan to be lodged with Council.

The applicant appealed Council’s decision, with the Local Government Court issuing a Court Order in May 1988 reducing the extent of roadworks required and giving an operating life of 30 years. In terms of road improvements, the conditions of approval required:

• upgrading of the intersection of Sheppersons Lane and Kin Kin Road;
• upgrading of the existing timber bridge within Sheppersons Lane; and
• the widening and upgrading of Sheppersons Lane from intersection with Kin Kin Road to the access point to the site.

These road upgrade works were subsequently undertaken by the former Noosa Council, around the time Noosa Council had a lease over the quarry site. Notably, the requirement to upgrade the intersection of Sheppersons Lane with Kin Kin Road was a requirement of the Main Roads Department at the time, as Council’s Shire Engineer sought their advice in relation to the application as part of the assessment.

The conditions of approval also require the performance of regular maintenance of roadworks within Sheppersons Lane, including the removal of any materials which may fall from vehicles transporting quarry materials.

The conditions do not include an annual tonnage limit on excavation, but do require the quarry to operate in accordance with a Management Plan addressing location of siltation ponds, the extent of proposed excavations, access, location of crusher and office, buffers to adjoining properties boundaries and rehabilitation procedures. In 1991, a Management Plan for Ready Mix was approved.

Extension to Term of Quarry

In 2003, Council extended the term of the quarry until 12 May 2033, subject to conditions. These conditions required the submission of an updated Management Plan. In 2005, an updated Management Plan by the Neilsen Group was approved by Council. It identified a similar quarry footprint to the 1991 Management Plan, with the quarry to be quarried from the top down.

First Breach Action

In September 2010, officers issued a Show Cause Notice to the operators, requiring that the conditions of the development approval be complied with. At the time, there was significant community concern over the operations of the quarry, and inspections indicated that the quarry was not being operated in accordance with the approved Neilsen Group Management Plan. The operators challenged Council’s Show Cause Notice and, due to the non-specificity of the 2005 Management Plan, Council could not proceed further with this action.

Amended QMP lodged

In December 2011, an amended Management Plan was submitted by the quarry operator, seeking to commence quarrying at the bottom of the hill and then proceed to the hilltop and quarry down. This Management Plan provided a greater amount of detail to that contained in the previously approved Management Plan for the site, but maintained a degree of flexibility in relation to the operation, recognising that quarry operations are an evolving process affected by the nature of the extracted resource and market demand for material.

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. 

During the course of Council’s application to the P&E court, the quarry operators also made an application to the P&E Court to change the quarry approval and incorporate a new management plan into the conditions of approval. The changes sought to consolidate all the approvals, including the Extension to Term of Approval into one document for ease of reference and delete, amend existing conditions and include additional requirements. A new condition to comply with the management was of significant benefit to the Council with respect to its enforcement obligations and future dealings with the quarry operators. It overcame a flaw in the original approval which undermined the Council’s ability to enforce the QMP or effectively regulate the quarry’s operations, removing the uncertainty. It also meant future changes to the QMP must also be by way of a statutory development application process.

The amended QMP also provided for an annual audit to be undertaken of the quarry by an independent specialist on behalf of Council but paid for by the operators. Council consequently resolved to not continue with their application, and settle the operator’s application to the court. A Deed of Agreement was also entered into to pay Council’s costs in the matter and payment of $30,000 to an appropriate land management fund.

Since then officers have undertaken regular inspections of the quarry activities as workload permits.

Breach Action in early 2020

In early 2020, after a large rain event, complaints were received from residents that dirty water was coming from the quarry site. Inspection by officers and the state found a significant breach, with the quarry operator extending the excavation area without first extending the necessary stormwater management controls. The operators were issued an Enforcement Notice and infringement notice by officers. The operators have since complied with all actions required by the Enforcement Notice and the fine will be collected through SPER.