The court this week found in favour of council’s action on two breaches of conditions for the Kin Kin quarry but dismissed the call for orders on two other aspects.
Doing nothing was always an option in the face of non-compliance and community disruption but not one that councillors or the most affected residents wanted to take.
From Council:
“Mixed success for Council and the hinterland community in the legal case against Kin Kin Quarry operator Cordwell Resources.
His Honour Judge Long SC today found the operator had breached the Quarry Management Plan (QMP) and required fully laden truck loads to be covered, when leaving the quarry, except for those carrying large rock boulders.
Enforcement orders were issued on this ruling.
In a separate matter, the court ruled in favour over Council’s decision to issue an enforcement notice over the construction of a concrete batching plant on the site, as its construction was not generally in accordance with the operator’s approved management plan.
Unfortunately there was no support for Council’s argument regarding intensification of use on the site or its application to limit the number of trucks leaving the quarry during school hours.
Read more at https://bit.ly/49emwgF
Council’s legal team will now review the 115-page Statement of Reasons for the judgement and provide a detailed report back to Council and the Kin Kin Roundtable in the coming weeks. “
