Jandra Blue Metal Quarries Pty Ltd v Rainbow Flat Quarry Environment Committee [1988] NSWLEC 30

Land and Environment Court of New South Wales

CITATION : Jandra Blue Metal Quarries Pty Ltd v Rainbow Flat Quarry Environment Committee [1988] NSWLEC 30 APPLICANT Jandra Blue Metal Quarries Pty Ltd

FIRST RESPONDENT PARTIES : Rainbow Flat Quarry Environment Committee

SECOND RESPONDENT Greater Taree City Council

FILE NUMBER(S) : 10512,; 10533 of 1985 CORAM: Cripps J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act CASES CITED: Double Bay Marina Pty. Limited v. Woollahra Municipal Council, 54 LGRA 313, DATES OF HEARING: DATE OF JUDGMENT: 11/01/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

His Honour: This is an application made pursuant to s.102 of the Environmental Planning and Assessment Act for the modification of a development consent granted by the Court on 2 June 1986. On 2 June 1988, the Court dismissed appeals brought pursuant to s.98 of the Environmental Planning and Assessment Act against a decision of the Taree Municipal Council granting development consent to Jandra Blue Metal Quarries Pty. Limited to extract and process hard rock at Portion 73 Lot 6 DP255621 Pacific Highway, Possum Brush. The Court granted development consent subject to a number of conditions including Condition 2.29 as follows:

"The rate of removal of the quarried material from the site shall not exceed 50,000 tonnes of finished product per annum; provided that in any one week the rate of removal of the quarried material from the site shall not exceed 2,000 tonnes. A weighbridge record showing the load weight of each truck shall be kept on site in respect of the yearly period and shall be available for inspection by council staff on request and, in any event, shall be submitted to Council at the end of each financial year".