The owner of a quarry in the Uralla Shire has been ordered to pay $190,000 after extracting gravel at up to four times the legal limit without an Environment Protection Licence.
David Patrick Carlon operated the unlicensed quarry at Balala, west of Uralla, without the required licence, which meant he was restricted to extracting no more than 30,000 tonnes of material per year. NSW Environment Protection Authority investigators found the site had extracted 138,000 tonnes in 2021 and 72,000 tonnes in 2022, far exceeding those limits in both years.
The case was heard in Armidale Local Court, where Acting Judge Holmes convicted Mr Carlon and ordered him to pay $150,000 in fines and $40,000 to cover the EPA’s legal and investigation costs.
NSW EPA Director of Operations Scott Kidd said Mr Carlon had been advised of the extraction limits but chose to continue operating above them.
“Licence thresholds are in place for a reason. When larger industrial activities occur, the EPA sets out conditions to manage potential environmental impacts,” Mr Kidd said.
“Mr Carlon was aware of the rules but chose to breach them, extracting over four times the amount of gravel he was permitted to in 2021 and more than double his threshold in 2022.”
Mr Kidd said the site’s location added to the concern.
“The site has a large quarry pit, sediment dam and water collection ponds, and is located close to Roumalla Creek and farmland used for grazing livestock,” Mr Kidd said.
“While there is no evidence of environmental harm from the activity, the Court agreed Mr Carlon’s actions were reckless and likely motivated by financial gain.”
EPA investigators issued a Prevention Notice to the business in December 2022, requiring monthly water quality reports and measures to address sediment and erosion at the site. Operations ceased following the notice.
Mr Carlon may continue to operate the quarry provided he stays below the 30,000-tonne annual threshold, but must apply for an Environment Protection Licence if he intends to extract more.
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