Despite being given the green light from planning authorities opponents of a hard rock quarry on the state's Mid North Coast are still fighting its development.
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The quarry, located in the Broken Bago State Forest at Herons Creek near Wauchope, was approved by the Joint Regional Planning Panel North in February this year and will be operated by CTK Natural Resources Pty. Ltd. (CTKNR) extracting 200,000 tonnes of product per year.
Shocked by that approval No New Quarry Herons Creek, an organisation made up of community volunteers, has continued its campaign against the quarry.
From their initial concerns that the resource’s quality had not been fully assessed, the quarry site is on top of ridge overlooking regionally significant farmland posing major noise, dust and visual pollution issues and the fact the quarry’s location runs the risk of significant water contamination to Herons Creek as well as other tributaries to the Hastings and Camden Haven rivers the group has now turned their attention to the actual licence to operate the quarry.
They argue that if this quarry is allowed to be developed in a State Forest on Crown Land and the approval given to CTK Natural Resources, without an open tender process, does that mean all similar sites across the state are up ‘for sale and or development’.
Since their disappointment at the Joint Regional Planning Panel’s ruling the group have been busy sending numerous requests to NSW Ministers, most notably Minister and Forestry for Lands, Paul Toole, seeking vital information about the quarry’s licence to operate in a State Forest.
“As far as the unlawful use of Crown lands goes, Herons Creek is the thin edge of the wedge. This directly negotiated development sets a very dangerous precedent for all NSW State Forests if we do not dismantle this deception immediately,” says No New Quarry Herons Creek, spokesperson Maureen Churnside.
This directly negotiated development sets a very dangerous precedent for all NSW State Forests
- Maureen Churnside
“Central to the approval, is the need for a Forest Materials Licence (FML) to be executed between CTKNR and Forestry Corporation NSW (FC NSW) which must be signed by Mr. Paul Toole MLC, as the relevant Minister,” she said.
And despite five months of letters and emails between her organisation and Minister Toole and in desperation for a response, they have even contacted the Premier Gladys Berejiklian, so far all to no avail.
“These are the people who are supposed to be looking after our community, our Crown Lands, our state assets but they can’t send us any documents to confirm the existence of a FML. To operate that quarry on Crown Land that licence must exist – so why can’t we obtain a copy of the FML.
“The only conceivable excuse for the inordinate delay is that FCNSW also realises to enter into a direct negotiation over Crown land without the statutory observances for such a purpose would be unlawful and invalid.”
Mrs Churnside has sought assistance from Labor’s Shadow Minister for Primary Industries and Lands Mick Veitch. The group is hoping to receive a response from questions asked in Budget Estimate hearing’s covering Land and Forestry departments held in September.
In the meantime they have sought legal opinion on the quarry including advice from the NSW Environmental Defenders Office. “The Forestry Act 2012 allows for the taking of material from NSW State Forests and does not accommodate the winning of material, therefore this approval is in contravention of The Act. This point supported by reference to case law, was made in submissions opposing the development at all stages of the approval process,” Mrs Churnside wrote in one of her submissions.
In August Mrs Churnside said CTKNR has carried out some work on the site clearing site lines. But since that time nothing appears to have happened on-site. She and her group are hoping it remains that way until they receive confirmation from Minister O’Toole on the existence of a FML.