A NSW Land and Environment Court judge has ruled that work could proceed at the Cedar Point Quarry near Kyogle after rejecting arguments that Aboriginal cultural heritage would be disturbed.
Gidubul Elder Robert Williams, represented by EDO NSW, was seeking to protect Aboriginal cultural items from being destroyed by quarry works, but the court decided that works could proceed at the quarry without obtaining an Aboriginal Heritage Impact Permit.
Under the National Parks and Wildlife Act 1974 it is an offence to harm Aboriginal objects without an Aboriginal Heritage Impact Permit issued by the NSW Office of Environment and Heritage.
The quarry was approved in 2012, but no Permit had been granted.
Mr Williams had argued that the quarry site contains sacred Aboriginal areas and objects however this claim was countered by the landowners and quarry operators, Rodney and Karie Graham, and Peter and Robyn Carlill.
In his ruling, released yesterday, Justice Preston found that Mr Williams had not established, on the evidence to date, that there were Aboriginal stone artefacts within the quarry disturbance area.
Justice Preston did not order costs against Mr Williams because he determined the challenge was brought in the public interest.
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