Family company withdraws quarry legal action against EPA
A FAMILY-owned company involved in a legal dispute over the operation of its quarry at Corindi has backed away from a legal battle with the Environmental Protection Agency.
The family of Joe and Louise Cauchi, whose company Wyanga Holdings operates the quarry, had legal opinions from two lawyers supporting a claim their company could supply road base to the nearby Pacific Hwy construction without a development approval.
But late last month the company advised the EPA it had decided to withdraw from its action in the Land and Environment Court.
On November 27 the Land and Environment Court dismissed Wyanga's claim and made an order requiring it to pay the EPA's legal costs.
EPA chairman and chief executive Barry Buffier said the EPA suspended the Corindi Quarry's operating licence in August this year after attempts by EPA officers to resolve extraction exceedences were unsuccessful.
"The EPA is pleased with this outcome, which supports our legal advice that the SEPP is not applicable in this case and that the quarry cannot operate without both an appropriate development consent and an EPA licence," Mr Buffier said.
"Exemptions under state planning laws require strict eligibility and throughout our discussions with Wyanga Holdings the EPA consistently advised the company it was not eligible for such an exemption.
"The EPA has engaged with the Corindi operators since last year to try and resolve the repeated exceedences of the annual 50,000 tonne extraction limit."
The Examiner was unable to reach the Cauchi family for comment yesterday.