EDO Legal Opinions Purchased by the MCLR:

The Mt Coot-tha Local Residents (MCLR) asked the Environmental Defenders Organisation (EDO) to give a considered legal opions regarding the Brisbane City Council (BCC) Mt Coot-tha Quarry (MCQ) blasting License Conditions.
- The MCQ blasting license conditions are defined in the MCQ Environmental Authority (EA) which is Permit SR41 as defined in EPPR00447313.
- This EA contains Schedule F which defines 6 points.
- In February 2017 the DES SEQ Compliance Delivery Manager Mr Karle, provided the MCLR with a copy of the MCQ Blasting License Conditions in which there was no consideration for the fact that the conditions would not be interpreted exactly as they were written.
- F1 to F3 relates to the noise conditions which must be adhered to and F3 states an absolute instantaneous maximum noise limit of 55dB(A) as measured in any noise sensitive place.
- F4 and F5 define Overpressure (sonic boom) style blasting noise and has no relationship to condition F3.
- F6 relates to ground vibration caused by blasting operations which must not exceed a peak [article velocity on 10mm/sec for more than 10% of the total number of blasts carried out over any 12 month period, when measured at any point within one metre of any residential boundary or in or on any other noise sensitive place.

  The First EDO decision Letter:

This EDO Legal Decision Letter considered the effect on private homes which acted as sensitive receptors to the blast vibration ground vibrations.
- The opinion concluded the following:
- "We consider that blast monitoring taken inside dwellings which are “sensitive receptors” to the Mt Coot-thaQuarry will be valid, provided they meet the other requirements of the Noise Management Manual."

  The Second EDO decision Letter:

This EDO Legal Decision Letter considered the noise generated inside the private home being caused by sympathetic blast vibrations, thus forcing the home to emit noise.
- The opinion concluded the following:
- "... Monitoring inside a dwelling is a valid location to complete the (noise) measurement."

  The MCLR Interpretation Opinion of these two decisions:

The MCLR believe that on most blasting occasions, that the MCQ has almost never adhered to its blasting license SR41 conditions.
- SR41 Schedule-F Table-1 requires that MCQ caused decibel levels measured inside noise sensitive places must not exceed a level of 5dB above ambient noise level.
- Almost every blast causes the closest homes to vibrate thereby emitting more than 55dB(A) or noise, which is several times the specified Table-1 maximum levels.
- The MCLR have provided accurate evidence to indicate that this noise is caused by the blast vibrations and is not in any way the overpressure noise.
- Monitoring inside the local homes has provided data which is highly indicative of blast vibrations which are 2.6 times higher than what the BCC MCQ is reporting to the DES.
- The DES advises that considering this is a waste of departmental resources and will no longer discuss the matter with the MCLR.