Dungog Shire Council has threatened to take legal action if the Environmental Protection Authority does not revoke conditions for expanded operations at Martins Creek Quarry.
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In a council submission to the parliamentary inquiry into the performance of the EPA, general manager Craig Deasey said the approval of an application to allow output from the quarry to increase from 500,000 tonnes per year to two million tonnes had mistakenly been granted.
The submission slammed the environmental watchdog for ignoring legal requirements and turning a blind eye to alleged breaches of licence conditions at the quarry before 2007, when the application was approved.
Mr Deasey said the EPA’s assessment of the application was defective and called for the approval to be reversed.
Otherwise, he wrote, council would take legal action on behalf of communities affected by the increased traffic and noise that have subsequently come from the quarry.
“In the circumstances, unless the EPA varies the licence, council will have to spend its scarce resources on litigation in the Land and Environment Court to have the EPL (Environmental Protection Licence) variation declared invalid,” Mr Deasey said.
He said the EPA had not sought legal advice or put the application on public exhibition before granting approval, which was legally required under the Protection of the Environment Operations Act.
Original council conditions allowed 24 truck movements to and from the quarry each day, according to the submission, and dictated that most material taken from the site be moved by rail.
But as many as 600 truck movements have been associated with the quarry on some days since the EPA approved the expanded operations.
Mr Deasey said this meant that towns such as Paterson and Martins Creek were severely impacted by traffic noise and vibration.
“In addition, the increased traffic has resulted in substantial damage to the roads and adjoining buildings, including heritage buildings,” he wrote.
The dramatic rise in truck movements has caused major community concern in recent months and has put pressure on council to act.