Carter Newell’s Planning and Environment team is proud to have assisted Malchi Holdings Pty Ltd in securing approval for the Malchi-Nine Mile Quarry west of Rockhampton.1
Upon commencement of operations, the Malchi Nine-Mile Quarry is expected to extract up to 400,000 tonnes annually of Class A1 earth fill material and hard rock, which will be used in a number of regionally significant development projects within the broader Rockhampton area.
Approval of this greenfield quarry was recently obtained from the Planning and Environment Court following an extensive appeals process, which commenced in late 2023. The appeal was resolved subject to the successful negotiation of a consent judgment following our Planning and Environment team’s strategic focus on the Court’s ADR processes. The team’s collective approach to issue reduction leading to approval of the quarry, subject to conditions, enabled our client to avoid the need for a lengthy trial without certainty of outcome.
In order to secure this resolution, our team was assisted by a range of experts to navigate novel issues requiring evidence on Town Planning, Noise, Air Quality, Vibration, Water Quantity and Quality, Terrestrial and Aquatic Ecology, Visual Amenity, Quarry Management and Operations and Economic Need. We are pleased to have contributed to the successful resolution of proceedings permitting immediate commencement of the use. The approval follows provision of strategic advice given throughout the appeal process, which led to narrowing of issues and ultimately approval of our client’s development. The detailed conditions package reflects a curated response to impacts mitigation and is supported by various detailed management plans and reports.
The successful resolution of these proceedings demonstrates our Planning and Environment team’s ability to manage complex and varied issues, which were related yet distinct in both operation and effect and were brought together into a cohesive and legible approvals package. These conditions are easily understood by the parties as are their ongoing duties and obligations to manage impacts across the life of the development.
Carter Newell Planning Partner Fraser Hardman said, “The client’s commitment to the Court’s ADR process was particularly pleasing together with the coordinated efforts of the expert and legal team to navigate the broad range of complex issues involving both fact and law to secure an acceptable approval within a compressed timetable.”
Carter Newell’s Planning and Environment team has extensive experience in advising and assisting industry-leading clients through all stages of the planning approvals process. For further guidance and assistance on merits appeals, applications and enforcement in the Planning and Environment Court, please contact Fraser Hardman.
