A controversial limestone mine in Nullaki is back on the agenda after a City of Albany rejection was overruled by a state panel.
In another example of the State Administrative Tribunal quashing an Albany council decision, the SAT gave the Nullaki lime quarry conditional approval at a meeting on January 11.
It was granted despite objections from two government departments, but comes with some requirements – including 45 conditions relating to environment, traffic, noise, dust, fire risk and compliance.
Council had twice rejected the proposal to mine up to 50,000 tonnes of lime per year from the site in a conservation zone 5km east of Denmark.
Land owner Graeme Robertson appealed to the SAT after the first rejection in 2017, which recommended the City reconsider its refusal with new conditions.
However, it was again rejected by council, which opposed it because it would be inside a conservation zone.
Mr Robertson then appealed to the SAT again, which lead to last week’s decision.
Acting City of Albany Mayor Greg Stocks said the council was “puzzled and bitterly disappointed” by the decision.
“We’re surprised that an extractive industry was found by the SAT to be consistent with the objectives and provisions of the conservation zoning,” he said.
“Council felt the development was not consistent with the zone or with orderly and proper planning principles, and that these were strong grounds for refusal.”
Council and City staff will review the SAT findings in the coming weeks.
The SAT has previously overruled a City of Albany decision to reject the under-construction service station at the Chester Pass roundabout.
Mr Robertson was contacted for comment.