KIN KIN POMONA COORAN HEAVY HAULAGE, COURT CASE UPDATE SEPTEMBER 2021

A shorter update from this meeting due to notification that Noosa Council has filed their court case against the quarry. There is much related to this that could not be discussed further due to the legal proceedings, however, will update on what we can share.

• Noosa Council has formally filed proceedings in the P&E Court at Maroochydore in the case against Kin Kin Quarry operator Cordwell Resources.
• The matter will first be mentioned in Court on Friday, 24 September.
• At the initial hearing, Council will seek interim enforcement orders for all quarry truck movements to cease during school bus hours.
• Further proceedings will focus on a number of alleged breaches by the Quarry operator and seeks to address the intensification of use issues, which is at the centre of community concerns.
• The court document and information are publicly available at http://apps.courts.qld.gov.au/esearching/FileDetails.aspx?Location=MDORE&Court=DISTR&Filenumber=155/21
• More information regarding the use of road legislation is detailed in our previous update at https://www.sandybolton.com/kin-kin-pomona-cooran-heavy-haulage-update-august-2021/ however, currently any road restrictions under the legislation are still in discussion between TMR and Noosa Council.
• Residents are reminded that once the trucks leave the quarry at 5min intervals, there are multiple reasons they can then be close together further along the route, including stopping at one lane bridges and also that following trucks can be travelling faster than the lead truck, causing them to ‘catch up’. Camera footage at the quarry was again recently checked by Noosa Council regarding the ‘convoying’, however did not show that the quarry breached the 5min rule on that occasion.
• Noosa Council advised that the new crossing in Cooran should be completed by the end of the school holidays in readiness for the new term.
• TMR advised that they have again recently discovered some defective vehicles (although overall results were not too bad) in their compliance checks, with another blitz currently being organized.
• Police again confirmed that they do mobile traffic patrols on Kin Kin Rd daily, however, do not set up a fixed position as the Gympie Traffic Branch officers do on Sundays, as the first truck can notify others.
  • Police have again warned residents that there is more non-compliance with speed limits from regular cars than from the heavy haulage vehicles, so residents, please be careful on Kin Kin Rd and understand that speeding from any vehicles will result in fines.
• TMR are assessing two bus stops on Kin Kin Rd after complaints and will be in direct contact with the resident involved.
• TMR are continuing with their assessment of the route, including structural checks of the bridges, reviewing the historical Holland report, AMRAM Assessments, Swept Path Assessment and more.
  • After much advocacy, TMR have also engaged an independent expert to review the results from these assessments once their report is released, expected at the end of October.
  • More information regarding the use of special signage including wildlife warnings will also become available after this report has been reviewed.
• TMR reiterated their previous position regarding wildlife strikes and green posts (please see previous update for information), and further advised that wildlife strikes do not form part of speed review criteria.
• TMR have already conducted multiple speed reviews and reductions along Kin Kin Rd. Following questions via Save Noosa Hinterland for a speed reduction to 60kms to reduce noise impacts to residents, TMR have asked Noosa Council to table this for further discussion at their Speed & Traffic Management Committee meeting in coming weeks.
  • Sgt Dan, from Pomona police, experienced the tremendous thunder of the trucks personally along the road recently, and acknowledged the extreme conditions/impacts that residents are currently living under.
• Police have been appreciative of video footage given to them by residents.
  • One video showing 12 heavy haulage vehicles, resulted in 2 being given infringements, 6 being given ‘notice’, and 4 being agreed on by all parties as not being ‘of concern’.
• TMR were again advised of some dangerous sections of road, including the ‘ridges’ on the road between Shepperson’s Lane and Kin Kin, by Police. Motorbikes particularly need to take care until repaired.
  • TMR will contact their maintenance crew as a matter of urgency.
• There were discussions regarding where some trucks are going to and what contracts the quarry may have currently. As a private business, government do not always have information on what contracts they may be supplying.
  • However, as reported previously, TMR are working some safeguards into any of their new contracts requiring route assessments to be conducted.
  • There is currently work happening around Bell’s Creek, which some believe is the reason for Cordwell’s second concrete batching plant in that area. The work there is contracted to Shadforth’s by Stockwell’s, however there will be a transfer of some assets to TMR after the build. TMR are not in control of this contract or any supply decisions.

During the meeting, both Sgt Dan from Pomona Police and also Phil Moran from Pomona Chamber of Commerce, acknowledged how incredible and rare it is for all stakeholders such as Noosa Council, the State MP, QPS and TMR to meet regularly and work together on a matter such as being experienced. Thanks was given to all for prioritising these efforts and to our community reps from Save Noosa Hinterland, Kin Kin Community Group and Pomona Chamber of Commerce, working with and for our impacted residents so well.

The next round table meeting will be scheduled once there more to report from the legal action, possibly in December.

As always, you can contact our office for any further information via noosa@parliament.qld.gov.au or TMR direct via northcoast@tmr.qld.gov.au. Don’t forget the 24/7 number to report traffic hazards on state roads is 13 19 40.

AFTER MEETING EXTRA – TMR are currently investigating a section of Pound Rd, near the bend, and between the Exhibition St and Louis Bazzo Drive intersections, due to a high number of incidents in this location. Their investigation will also determine what is needed to improve safety on that section of road. We expect results of this investigation at the end of October.

For further reference, please find the most recent Kin Kin Roundtable minutes compiled by Noosa Council below.