Generic Court
Generic Court

Court overturns Maranoa Council’s refusal of CSG waste facility

Court documents show Chinchilla company We Kando was originally approved by Maranoa Regional Council on November 13, 2013 but was set aside by orders from the court on January 23, 2015.

A new approval was granted only days before on January 19, 2015 subject to new conditions, but We Kando sought changes to this new approval.

These new conditions include drilling five ponds, two for sewerage waste (K130) and one for oily water.

The papers show the two mud ponds and one oily water pond are to facilitate waste from the coal seam gas industry.

It wasn’t alleged that there’ll be any increase to amenity impacts to nearby properties.

The 2015 approval was found to have been situated in a rural zone as part of both the 2006 Bungil planning scheme and the 2017 Maranoa planning scheme.

Judge William Everson concluded the development was compliant to the planning controls in both the Bungil and later Maranoa council schemes.

“In my view, it is consistent with community expectations that a waste facility such as this be located in an isolated area where it will not cause adverse amenity impacts or environmental harm,” Judge Everson wrote.

“The proposed use is also consistent with community expectations, given there are no particular requirements in respect of such a use which suggest that it should not locate in the Rural zone.

“It will provide benefits to the resources sector in terms of competition and efficiencies for the removal and treatment of waste generated by the coal seam gas industry.”

Judge Everson also considered the operations manager’s ‘significant mental health issues’ led to him making a mistake and missing the deadline of March 30, 2018, as per a court order dated July 17, 2017.

Judge Everson ordered that deadline be deleted, and allowed the appeal regarding Maranoa Regional Council’s rejection of the extension application, with the currency period for development approval being extended for two years.

The order was delivered on February 5, 2021.

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