Planning and Environment Court outcome
Sandy joined Noosa Council and the community at the Maroochydore Magistrates Court on Monday 25 November 2024 to hear His Honour Judge Long SC’s decision on the Noosa Council legal case against the operators of the Kin Kin Quarry. The judgement was delayed and was instead handed down Friday 29 November 2024.
After impacted communities had been waiting for nearly three years for this decision from the Planning and Environment Court, the major contentions were dismissed and only an enforcement order was issued stipulating that all fully laden truck loads leaving the quarry site be covered, except for large rock boulders. In a separate Court case between Noosa Council and the Kin Kin Quarry operators, their enforcement notice on the alleged unapproved screening plant at Kin Kin was upheld.
Sandy said the following in a recent media statement regarding what residents have experienced and on next steps:
“This has been incredibly upsetting given the trauma for our communities from inappropriate levels of heavy haulage and the danger this presents. However, this is not the end of efforts, with the ability to apply to the Minister for Environment who has increased powers from the Environmental Protection Bill that passed earlier this year. By taking this to the new Minister and to the State regulator, these new powers can be tested regarding environmental authorities that are no longer ‘fit for purpose’ that allow devastation to residents, wildlife and infrastructure.”
“Thank you to Noosa Council, Councillors and residents including those pictured for never giving up and be assured we will never give up the fight alongside you to see an end to the danger and trauma being experienced.”
As mentioned in our October 2024 Noosa 360 update, the Kin Kin Quarry is an example of where an environmental authority (EA) is issued for small development that then allows for an unacceptable expansion if it is the same type of development, without triggering a review of the EA in any form. Sandy will also continue efforts since 2021, for the establishment of an Independent Environmental Protection Agency (IEPA) as this can potentially provide another avenue to resolve environmental issues including this situation and the destruction of Glossy Black Cockatoo habitat. Following ours’ and others’ advocacy, the establishment of an IEPA was committed to by the previous Government, and we will be seeking the same from our new Government.
With community frustration growing around the length of time for court decisions and the Productivity Commission reporting that last year Queensland courts cleared the lowest number of civil cases within twelve months of any Australian State or Territory, Sandy asked a Question on Notice (QON) in Parliament to the Queensland Attorney General regarding. Please see their full response at www.sandybolton.com/queensland-court-timeframes-april-2024.
Kin Kin Road widening
The Department of Transport and Main Roads (TMR) have provided the following update regarding the next stages of road widening on Pomona Kin Kin Road:
The project is being delivered in three stages, with Stage 1 completed in July 2023. The next stages are:
· Stage 2: between Williams Road and Western Branch Road
· Stage 3: between Sallwood Court and Turnbull Road.
Design is progressing on both stages concurrently. Stage 3 has recently reached 100% design complete. However, there has been a slight delay with Stage 2.
During a recent survey, a dry-stone wing wall associated with an existing culvert was discovered, prompting further investigation to determine whether it has historical or cultural significance.
Design completion on both stages is now anticipated in early 2025.
TMR continues to engage directly with residents on Kin Kin Road that will be affected by partial land resumptions. TMR will inform the broader community of developments associated with this project as necessary.
As mentioned in our August 2023 Noosa 360 update, these works are to provide greater safety to our residents and road users, and to minimise the need for continued maintenance and short-term fixes that continue to cause impacts to many.
Should anyone that has been contacted regarding their property require any further information, please contact TMR’s project team on 5451 7055 or via northcoast@tmr.qld.gov.au. Once this process is fully complete should any such property owner have concerns, please contact our office via noosa@parliament.qld.gov.au.
A total of $37 million is in the budget for these works, and that these sums have been required due to inappropriate levels of heavy haulage through our communities is another example of our system failing.
Lake Macdonald Dam upgrade
We sent a letter to update the new Queensland Minister for Water that whilst it is vitally important that the dam wall is upgraded to improve safety and enable greater resilience during flood related events, efforts must be made to minimise heavy haulage impacts as a result of this upgrade. Please read our latest update including the Minister’s response at https://www.sandybolton.com/lake-macdonald-dam-upgrade-update-2-november-2024/MP
Further information
Please Note – All advice provided to date is that TMR do not have the ability to stop heavy haulage vehicles, however they do have a duty of care to keep the roads in a safe condition. Information regarding this has been posted over the years on our website at www.sandybolton.com/?s=kin+kin, including further information on this specific project. Information from Noosa Council regarding the quarry permit and their court case with quarry operators is available at https://www.noosa.qld.gov.au/kin-kin-quarry.
To report an urgent issue affecting traffic on a state-controlled road, please phone 131940.
For information on claiming damages to your vehicle from a state-controlled road, please visit here.
To contact the Minister for Transport and Main Roads, email transportandmainroads@ministerial.qld.gov.au. Please copy our office in via noosa@parliament.qld.gov.au and forward any response you receive.