Attwood Marshall Lawyers Commercial Litigation Special Counsel Jade Carlson takes a look at the Reedy Creek quarry proposal that has reignited a decade-old town planning dispute. She explains the key legal concepts at play and what it means for the community, the developer, and the councils involved.
Controversy has hit the southern end of the Gold Coast after Boral, one of Australia’s largest construction materials companies, lodged its second development application to build a quarry at Reedy Creek.
The site has been flagged as a priority resource area. But the council has received over 5,000 submissions from concerned residents raising their objections to the project.
Chief among the concerns are the health risks posed by silica dust and noise pollution, the significant increase in heavy vehicle traffic and its associated emissions, and the site’s proximity to homes and multiple schools.
Additionally, many locals have expressed concerns about impact on native wildlife. Reedy Creek is a biodiversity hotspot for Australian native animals, with koalas, wallabies, echidnas, birds, and various other animals calling the area home. Major concerns have been raised about loss of koala habitats, with koalas already listed as endangered under the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Local councillors are still bedding down their positions, and Queensland’s Deputy Premier has now signalled that he may issue a “call-in,” a step that would override any final decision from the council’s hands entirely.
Here, we explore what this dispute reveals about the planning process, and what anyone affected by or involved in a significant development proposal needs to understand about their rights.
Background: What is being proposed?
Boral has applied to Gold Coast City Council to operate a quarry at Reedy Creek, and this is not the first time this battle has been fought, after the council rejected a similar application in 2014. Gold Coast Mayor Tom Tate says that the council spent about $3 million in legal fees defending that decision on appeal, and made several requests over the years to have the KRA designation removed, without success.
Twelve years later, and a revised application is back before the council.
Boral has stated that the 2025 proposal differs from their previous application, however campaigners opposing the development have argued: “The 2025 proposal differs only marginally from the rejected 2013 application. While annual production has been reduced from 2 million tonnes to 1.2 million tonnes and the extraction footprint slightly decreased, key impacts remain unchanged, including a 40-year operational life, removal of J Ridge, and up to 400 truck movements per day.”
Boral, meanwhile, argues that the quarry is crucial to the region’s future.
In an opinion piece in the Gold Coast Bulletin, Boral’s Executive General Manager argued that the West Burleigh quarry will expire in the next 13 years and without a replacement quarry 25 per cent of the Gold Coast’s aggregate supply will be lost, adding to the housing crisis, driving up construction costs and adding about 31,000 extra heavy vehicles to the M1 each year.
Key planning law concepts at play
What is a Key Resource Area (KRA)?
A key resource area is a designation under the Queensland Planning Act 2016 and the State Planning Policy (SPP). It identifies land containing extractable resources, such as sand, gravel, rock, clay and soil, that is considered strategically important to the state and its infrastructure. The idea is for these resources to remain accessible and not be cut off by surrounding urban development.
Even with a KRA, the normal assessment process still applies. But the identifier does require local councils to give weight to the state’s interest in the resources. And it can put applicants like Boral in a stronger position on appeal if their application is refused at first instance.
What approvals does a quarry require?
Even before the local council considers community objections, a quarry application involves numerous regulatory steps.
In Queensland, quarry sites are usually approved and administered by local governments under the Planning Act 2016 (Qld) (‘Planning Act’).
When applying for a development permit for a quarry, you also need to apply for an environmental authority (EA) under the Environmental Protection Act 1994 (Qld) (which is managed by the local government using a state assessment process).
Depending on the nature of the operation, proponents may also need to consider sales permits, native title assessments, and licenses for the management of explosives under the Explosives Act 1999 (Qld).
A mining permit will also be required if the quarry produces material classified as a mineral in the Mineral Resources Act 1989 (Qld)(e.g. silica sand and limestone used for their chemical properties, rock mined in block or slab form for building or monumental purposes, and foundry sand).
What is a “call-in” and when can it be used?
Under the Planning Act, the State Development, Infrastructure and Planning Minister can use ‘call-in’ powers to take over a development application process when it is considered in the state’s interest.
Once issued, a consultation period takes place during which the applicant, council, and submitters can provide feedback on whether a call-in should occur.
The Queensland Government announced on 16 February that it will issue a proposed call-in notice for the Reedy Creek quarry, citing requests from MPs Ros Bates, Laura Gerber and Hermann Vorster who had raised concerns about the application and the submission period.
A call-in decision made by the Minister under the Planning Act 2016 is final, which means it cannot be appealed in the Planning and Environment Court. At the time of writing, the government had yet to announce its final decision on whether it would call in the application.
What residents and objectors need to know
When there is a public notification of a development application, the formal window during which residents and other members of the public can lodge a submission is crucial. In Queensland, these submissions need to be “properly made,” meeting the technical requirements set out in the Planning Act.
Submissions that clearly identify grounds such as noise, dust, traffic, health impacts or incompatibility with the local planning scheme carry far more weight than general expressions of concern about a development.
Acting early and making “properly made” submissions during the notification period are critical, both for their influence on the assessment and for the appeals process if a development application is approved.
What developers need to know
Developers should factor in the real risk of community-driven delays when planning project timelines.
Even where a project has a strong planning basis, sustained and organised community opposition can result in significant procedural delays and political intervention. The call-in process also introduces a real, unpredictable risk for contentious projects.
There are several intervention points that developers must plan for, including preparing a comprehensive application, responding to information requests from authorities, handling public submissions and objections, the council decision (or state government, if called in), and potentially a multi-year appeal process. Each stage carries cost implications that can run into the millions of dollars.
Attwood Marshall Lawyers – a strong legal strategy makes a difference
For both objectors and proponents, early legal advice is the most effective way to protect your position.
The Planning and Environmental Law team at Attwood Marshall Lawyers guides clients through the planning maze from start to finish, from ensuring objections are properly made, to advising developers on application strategy, managing community consultation, and representing clients at council negotiations and in court appeals.
Our team has specific expertise in all aspects of planning, environmental law and dispute resolution.
To arrange a consultation with one of our lawyers, please contact our Planning & Environment Department Manager, Georgia Trapp, gtrapp@attwoodmarshall.com.au, on direct line 07 5506 8278, or by free call 1800 621 071.
