Matter 2 – Cleary Bros sand mine Gerroa – 2008 conditions of consent,

Matter 2 – Cleary Bros sand mine Gerroa

This concern relates to the behaviour of the Department of Planning in implementing Land and Environment Court consolidated conditions regarding Cleary Bros sand mine at Gerroa. 

Timeline:

  • In GEPS Land and Environment Court challenge in 2008 the Court required sand mining company Cleary Bros to enter into a Planning Agreement to conserve in perpetuity compensatory habitat through a voluntary conservation agreement and register it on the land title. This agreement was required to be implemented within 3 months of the approval. 
  • Now, after 17 years, the Department of Planning has still not complied with the Court’s condition relating to this Planning Agreement. 
  • In Jan 2025 GEPS wrote to the Department of Planning Resources Regulator inquiring if this Agreement had been undertaken. The Compliance Coordination responded that we should “ask our local Council.” 
  • In Feb 2025 GEPS sought a legal opinion from the Environmental Defenders Office and made a GIPA request for information relating to compliance with DPIE. We informed DPIE of our legal opinion.  
  • In Feb 2025 Carl Dumpleton (DPIE Resources and Energy Assessments) advised us that the Planning Agreement had been lodged and would be resolved by the end of the year.
  • In March 2025 Carl Dumpleton advised that an agreed meeting between himself and GEPS was cancelled because of an ABC media inquiry.
  • In March 2025 the Gerroa Community Association worked with MP Gareth Ward to raise a question in Parliament regarding this non-compliance (published in questions and answers).  
  • In May 2025 the minister responded to this question “that no specific actions around the LEC decision have been made, and the Department of Planning expects lodgement of a planning agreement in May this year and advised that it is likely to be resolved by the end of 2025”. (published in questions and answers).

Our GEPS Land and Environment Court challenge was upheld in 2008, requiring the Minister and Department of Planning to implement considerable environmental improvements to its approval. We are very disturbed by the Department’s unacceptable response to its legal responsibilities mandated by the Court and we are angry about the difficulty we have had liaising with the Department on this issue. 

Request:
GEPS would appreciate an update from the Department of Planning on the details and implementation of this LEC Planning Agreement which we were told should be resolved by the end of this year.   

Plan of proposed Conservation Area from Cleary Bros Quarry Environmental Management Plan December 2022 – Gerroa