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Wagner - News

This is a mock up of the view of a proposed quarry by Wagner Investments from Exit 45 on the freeway. If you live or work within 8kms of this site you would have be affected in some way if Wagners application was successful. This land is now owned by Boral. Who knows what they will do with it in the future.

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Wagners finally capitulated

Wagners delaying tactics were palpable. They dragged their case out hoping the community would give up their fight but our case against Wagners was overwhelmingly strong from the outset. When Wagners offered their interests to Boral we expected Wagners to surrender. They had no hope of winning. Wagners heavy handedness, substantial fighting funds, immense legal resources and high level political pressure finally came to nothing. See the time line of events as they unfolded below.

Appeal Court calls Wagner's to account

On 24th August, some 6 months after Wagner Investments filed an appeal (against Department of Environment and Resource Management (DERM) and Gold Coast City Council and members of the local community)  the Planning and Environment Court called the case in for review. Judge Rackeman wanted to know why Wagner's had delayed bringing its case forward on time because it was 3 months over the legal limit. Wagner's claimed they needed yet another adjournment because they were still negotiating with DERM for a land offset (offering land elsewhere in exchange for destroying the land in question). This was the only reason offered by Wagner's for an extension of time. They did not negate the miriad of other issues that related to the rejection of their application. Judge Rackeman, quite rightly, requested documentary evidence to show that Wagner's were telling the truth and demanded that Wagner's appear in court to argue its appeal on the 15th September. The community appellants put forward their arguments on that day in Court whilst Wagner's simply hedged for more time. The judge agreed that Wagner's case was deficient but he was keen to have the arguments argued out instead of him making a ruling on limited information he had at hand. He asked for more details about the core issued to be aired before him on 9th October. The community waits once again with baited breath for this protracted case to be finally laid to rest once and for all. Its been 4 years!!!

Wagners APPEAL Council's rejection of quarry application.

The Queensland Department of Environment and Resource Management (DERM) directed that the Gold Coast City Council reject the application by Wagner Investments Pty Ltd.  The Council duely announced its opposition to the application on 4th January.

Wagner Investments Pty Ltd then filed a Planning and Environmental Appeal against DERM as Co-respondent and the Council as Respondent. STQ engaged lawyers and senior council to represent 46 people willing to be community co-respondents (known by the court as Co-respondents by Election).

Many families offered funds to assist STQ against Wagners in court.

Over 1300 local people signed a Petition requesting the proposed Wagern quarry site be declared a "conservation park".

As a concurrent agency the Department of Environment and Resource Management (DERM) rejected the quarry application  in November 2010 because of serious environmental issues and instructed that the Gold Coast City Council refuse the application.  Wagners sought and were granted a moratorium till mid December and lobbyied heavily for DERM to change their mind - emphasing dubious economic imperatives. The local community was enraged that an applicant, after two years of heavy duty negotiation at the highest government level, was offered yet another chance to change the referree's decision.

To counter Wagner's efforts to overturn DERM's decision, over 1300 local community members presented a petition to ask the government to declare the area in question a conservation park.

If Wagners land is deemed by DERM to be so environmentally sensitive surely the government should immediately declare it a "conservation park" and stop the continuing uncertainty for everyone concerned. We owe it to future generations to keep this particular area quarrantined from the destroying effects of quarrying.  We already have more than enough quarries in the Ormeau area and their potential for growth will easily service the future needs of the construction industry for years to come. Why devastate this particular pristine area for commercial short term economic gain?

Click here to view the petition.

Click here to see the reply by Kate Jones, Minister for Climate Change and Sustainability.

The Ormeau community waits with baited breath for a positive outcome but there is no news from the Minister (who is awaiting a response from DERM). And so the buck gets passed on and on.

Reasons why Wagner's proposed quarry will be an environmental catastrophe.

New species of Backhousia found (report to be released very soon).

A recent field survey on the proposed quarry site collecting data to have the Brachychiton species Ormeau (Ormeau Bottle Tree) listed under the Federal EPBC Act ,discovered what appeared to be a new species of Backhousia.The Backhousia was confirmed as a new species not previously recorded by the Queensland Herbarium, which hightlights the fact that the gorges of Ormeau and Darlington Creeks are floristically under surveyed.

Flora and fauna wipe out?

What endangered flora and fauna will be wiped out if this quarry goes ahead

Examples of endangered, vulnerable and rare flora found by Glen Leiper in adjoining areas (Bahrs Scrub Alliance).

The Complete Story - a brief history, the issues, the arguments.

When is a Creek not a Creek?

On 4 Dec 2009 three "creeks" in the general area in question (Ormeau, Brumm and Darlington) were named (Gazetted) by the State Government - the Wagner application referred to Ormeau and Brumm Creeks as a "gully". If the watercourses in question are mapped as creeks, if they have water flows like creeks and they are officially named as creeks then surely they are creeks, NOT gullies? Why would Wagner's want them designated as "gullies"? Watch key videos.

What the proponent (Wagner Investments Pty Ltd) and the quarry industry have to say.

"The DERM recommendation, in our opinion, is incorrect, it's not right, it's not fair and we will look at our options as the process proceeds". Denis Wagner, Albert and Logan News, 10 Sept 2010.

"There is a critical shortage of quarry materials in southeast Queensland ...... To alleviate that, there needs to be new operations approved and this quarry is one of them."  Denis Wagner, Gold Coast Sun, Feb 25, 2009

"If we are not happy with any part of the report we will negotiate with the EPA."  Denis Wagner, Gold Coast Sun, Feb 25, 2009.

"CCAA believes that extractive industry operators .... must be able to clear vegetation in Key Resource Areas .... notwithstanding that such vegetation is part of an essential habitat or a State wildlife corridor..."  Submission by Cement, Concrete and Aggregates Australia to Draft of South East Queensland Regional Plan 2005.

"Experience has shown that it is difficult to identify and/or define these lower order streams and it is all but impossible to mine around them."  Submission by Cement, Concrete and Aggregates Australia to Draft of South East Queensland Regional Plan 2005.

"We bought the land and our intention is to grow our business to service the concrete and quarry market in South-East Queensland, and the Sunshine Coast figures in that. Had we known how difficult it was going to be, I don’t know that we would have purchased the land in the first place."  Sunshine Coast Daily 10 January 2011 after the Sunshine Coast Council rejected a request to establish a concrete batching plant at Kunda Park.

Over 1400 objections by local residents were lodged with the Gold Coast City Council against the quarry application. Both the state and local government also rejected the application and the community is now organising to fight Wagners appeal.

Wagner Investments are a large, well resourced, extractive industry company based in Toowoomba. Wagners have a track record of using their considerable economic power and political muscle to intimidate all opposition and take every opportunity to push and overturn decisions against them made by the independant umpire.

A call was made to local community members to come forward and fight this appeal. The response was overwhelming. Stop The Quarry engaged numerous experts to research the issues deeply and developed reports to fight Wagner Investments on multiple fronts. 

Regular community information update sessions were held.