The majority of Lismore residents and some from our neighbouring LGA's would be aware of the Santin Quarry life extension issue that has plagued Lismore City Council since 2020.

On Wednesday, 23 April 2025, the Santin Quarry may well have drawn its last breath when Judge Robson in the Land and Environment Court ruled in favour of the Monaltrie Area Community Association Incorporated (MACAI).

There were five grounds forming the MACAI review. Judge Robson ruled in favour of Lismore City Council and Mick Santin in four of the five grounds; however, Judge Robson agreed with MACAI for Ground 1, which was enough to not grant the Santin Quarry a modified DA to extend the quarry's life by 12 years from 12 May 2020 to 2032.

Ground 1 stated, "Council did not have power to approve the Modification Application because the consent sought to be modified had lapsed at the date of Council’s purported approval of the Modification Application; or alternatively, Condition 2 of the 2006 Consent limited the period during which the development could be carried out and the consent could not be modified after expiry of that period (‘lapse of consent ground’)."

To better understand the Santin Quarry issue, we go back to October 2020, when Lismore City Council had nine (9) councillors. COVID-19 delayed council elections by 18 months, influencing two councillors to resign.

In July 2020, Michael Santin lodged the current s4.55(2) modification application for the proposed extension of the life of the existing quarry for an additional sixteen (16) years.

During the October council meeting, councillors decided to defer making a decision about extending the quarry's life because they wanted more detailed information from council staff.

At the December 2020 council meeting, staff recommended that the modification application be approved. The approval included legal advice on whether Council had the power to grant the application to modify the DA, including whether the development consent had 'expired'. This was always the main area of conjecture for the modified application, when the 25-year period of quarrying began and ended.

Councillors voted 5/3 against the recommendation, and the Santin Quarry was to cease operating from 12 February 2021, with Crs Ekins, Lloyd, Guise, Casson and Bird voting against and Crs Marks, Moorhouse and Cook voting for, with Mayor Isaac Smith on leave.

Mick Santin then lodged action in the Land and Environment Court to get the decision overturned. That was withdrawn in October 2021.

The issue was brought back to a council meeting in October 2023 with a new council in place. Council staff determined that the new DA was substantially the same, and the terms for the development consent had lapsed and not expired. However, LCC staff recommended the DA not be granted because of the acoustic impact on neighbouring properties, something Judge Robson dismissed in his ruling.

The debate within the chamber went for one hour and sixteen minutes, with Mayor Krieg calling a five-minute recess when a public gallery member consistently talked over Cr Rob.

When the vote was called, it was 6/4 with councillors Gordon, Hall, Jensen, Bing, Rob and Krieg in favour and councillors Guise, Colby, Bird and Ekins against.

In January 2024, the MACAI lodged their own action, a Class 4 Summons, in the Land and Environment Court against the Santin Quarry and Lismore City Council.

They alleged Council did not have the power to approve a modification application (MA) to extend the life of the Santin Quarry, River Bank Road, Monaltrie, 5km south of Lismore CBD. The point that won them the case.

In February 2024, in two confidential items, Council resolved to defend the Class 4 Appeal following the decision by the MACAI to take Lismore City Council to the Land and Environment Court.

Following Wednesday's decision, a Lismore City Council spokesperson told the Lismore App," On Wednesday, 23 April, the Land and Environment Court delivered its judgement on the appeal concerning Council's approval to extend the operating life of the Santin Quarry in Lismore.

"The Court upheld Council's position on four out of five points of contention. However, it determined that Council lacked the authority to approve the modification due to the original consent having lapsed. Consequently, quarry activities cannot proceed under the original consent.

"Council respects the Court's decision and will seek legal advice to determine appropriate next steps. Our focus has always been on supporting Lismore’s recovery from the 2022 flood events in a cost-effective and strategic way.

"Local quarries remain critical to this recovery, providing resources, jobs, and keeping record recovery dollars in our local economy. We remain committed to acting in the best interests of Lismore's community."

Maybe the Santin Quarry saga is not over after all. Stay tuned.....