The operator of a Noosa hinterland quarry has appealed to the Planning and Environment Court over an enforcement notice issued by Noosa Council.
Cordwell Resources filed a notice of appeal on February 15 after the council issued the enforcement notice in January over an alleged development offence at the Kin Kin Quarry, located on Sheppersons Lane.
Documents filed to the court by Carter Newell Lawyers on behalf of Cordwells outline that the appeal relates to machinery used to produce manufactured sand and whether it is fixed or portable.
The documents state that in October last year the council issued a show cause notice in relation to construction on the land, which Cordwells responded to in November.
Then on January 17 the council issued the enforcement notice for allegedly failing to comply with conditions of the development approval under the Approved Quarry Management Plan dated February 2016.
The enforcement notice stated that the alleged breach related to the construction and location of a fixed plant screener, which includes a steel structure about 10 metres tall screwed to a concrete slab, as well as a conveyor belt, generator and water tank in total measuring about 20m long.
The notice stated that it was a ‘fixed plant’ located outside approved areas, but the appeal contends that it is “capable of being moved and capable of being transported and conveyed”.
“The primary reason for it being screwed down to the concrete slab is for health and safety, but it can be unscrewed in order to be relocated,” the court documents stated.
The documents also asserted that the quarry management plan “does not provide definite structural requirements to enable flexibility and to ensure that advances in technology or science relating to quarrying or environmental management may be utilised”.
The appeal calls for the enforcement notice to be set aside and for the council to pay Cordwell Resources’ legal costs.
Martin Cordwell from Cordwell Resources told Sunshine Coast News the machinery in question was used to reduce waste.
“We have implemented onsite an extension to our mobile crushing plant, a high-frequency screener which further classifies our waste dust onsite,” he said.
“Its sole purpose is to screen the bottom-end material produced in the crushing process to ensure there is no waste material produced onsite. This is best practice and is practically and environmentally the best way to control waste dust while keeping our staff on site safe.
“We are always looking for ways to improve our business, and ways we can make our company more sustainable and reduce the amount of wastage in our processes.
“This product is an extension to our mobile plant setup and is very exciting for the company.”
Noosa Council’s director of development and regulation Richard MacGillivray said the enforcement notice was on hold until the matter was heard.
“On January 17 council issued the quarry operator with enforcement notices relating to the installation of fixed screening infrastructure and non-compliance with the quarry management plan,” he said.
“Council has since received a notice of appeal relating to the enforcement notice. The appeal puts a stay on the enforcement notice until the matter is heard in the Planning and Environment Court.
“Council also issued a Penalty Infringement Notice (PIN) in relation to the infrastructure being built without a building approval in place. The PIN has been paid and a building approval has subsequentially been obtained.
“Council cannot comment further while the matter is before the court.”
No hearing dates have yet been set.
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