A local group is challenging the decision-making ability of Lismore Mayor Steve Kreig and his team in court, in what they say is yet another test of that team’s legitimacy.
The Monaltrie Area Community Association Incorporated (MACAI) have commenced Class 4 proceedings in the NSW Land and Environment Court arguing the Lismore City Council had no power to approve a Modification Application (MA) that was made by Michael Santin operating Santin Quarry.
The MA was approved by Mayor Kreig and his team on the 10 October 2023.
Seeking costs and an injunction
MACAI are seeking costs and that the council and Mr Santin be permanently injuncted from acting upon the approval.
MACAI commenced proceedings on January 9. The group alleges that Council did not have the power to approve a modification application (MA) to extend the life of the Santin Quarry, at Riverbank Rd.
The quarry at Monaltrie, 5 km from Lismore CBD, had a modification application approved by Lismore City Councillors in October last year. The application would allow a 12-year extension of the quarry, that owing to an expired consent, had ceased operations in February 2021.
Refused in 2020
MACAI says that the owner of the quarry, Micheal Santin of Caniaba, had lodged several applications with the council in recent years to extend the life of the quarry. In the last term, councillors refused the modification application in December 2020.
The reasons for the refusal were: 1. The likely impacts of the development on the locality; 2. It was not in the public interest; 3. The application was not substantially the same as the original DA, and; 4. A modification application to extend the life of the quarry cannot be accepted because the consent has expired.
Mr Santin lodged an appeal in the Land and Environment Court but then withdrew it before the Court could make a decision.
Mr Santin lodged a new modification application in December 2021 after the election of the Krieg Council in September 2021. When the MA came before the Kreig council for a decision on 10 October 2023 Council staff, based upon the findings of an independent expert, recommended a refusal, however instead, Councillors Rob and Bing put forward a motion to the council to extend the life of the quarry (subject to conditions that had not been seen by the community) .
A subsequent rescission motion was unsuccessful.
Hearing next month
A MACAI told The Echo this morning that the proceedings have been allocated a first directions hearing date of 23 February 2024, at which time the Court will make orders for a timetable moving forward.
‘MACAI are committed obviously to this course of action otherwise we would not have commenced proceedings. We have Hones lawyers and Counsel Natasha Hammond as our legal team,’ said the spokesperson.
‘We have taken this route out of necessity as council have acted beyond their authority in approving the MA to allow quarrying to continue on several grounds as we allege in our summons.’
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