The legal case against Kin Kin quarry operator Cordwell Resources produced a mixed outcome for the hinterland community and council.
In the Planning and Environment Court, his Honour Judge Long SC ruled in favour of council, issuing an enforcement order stipulating that all fully laden truck loads leaving the quarry site be covered, except for large rock boulders.
"The judge agreed this was a breach of the Quarry Management Plan (QMP) and the decision supports our community's concerns about dust and debris from quarry truck traffic," Mayor Frank Wilkie said.
The operator is now compelled to comply with the court order or be liable to further court proceedings to compel them to obey and be liable for punishment for contempt of court.
In a separate case, the Court upheld Council's decision to issue an enforcement notice against the operator for the construction of a concrete batching plant on the site. The ruling found this to be inconsistent with the operator's planning approval and ordered compliance with the enforcement notice.
Council wasn't successful in demonstrating there had been an intensification of use or in its application to limit truck numbers leaving the quarry during school hours.
"The partial win about covering truck loads offers some relief on amenity and dust issues, but we are disappointed we didn't get the result sought in proving other breaches against the QMP," he said.
"The ruling on the concrete batching plant is a positive decision and vindicates council's efforts to ensure Cordwells comply with planning regulations.
"I extend my gratitude to those in the community that spent countless hours providing statements for this legal case and the dedication shown by staff and members of the Kin Kin Roundtable."
"The past three years have been emotional and testing for many in our community.
This operation has had a significant impact on our hinterland residents which is why we have invested considerable resources, effort, and time into the case."
Council's legal team will now review the 115-page Statement of Reasons for the judgment and a meeting will be held with the Kin Kin Roundtable coming weeks.
