But with the approval comes strict conditions that include the need to record all native animal "strikes". Macka’s Sand, must also put CCTV at the front gate and keep all weighbridge documents for 12 months. 

Cr MacKenzie and son Robert asked the Department of Planning to relax restrictions on truck movements after Macka’s Sand breached its conditions in May 2015.

Macka’s Sand said it had mistakenly counted each entry and exist as just one movement. The application asked to increase truck movements before 7am from 10 trucks to 28 (14 in and 14 out), and increase 7am to 10am movements from 16 to 48.

Roads and Maritime Services said it could not support an increase in morning peak hour movements (6am to 9am) but was prepared to endorse up to 48 movements a hour before 6am. 

The Planning Assessment Commission settled on 28 movements a hour before 6am based on the community's noise and safety concerns.

"This is almost a win for our community," Port Stephens MP Kate Washington said.

"The outcome is much more favourable than what Macka’s Sand had proposed."

Mackas Sand was never penalised for breaking its conditions and in a subsequently compliance check by Department of Planning officers was found compliant.

"These additional regulations are welcome so long as someone is overseeing what is reported by the company," Ms Washington said.

"The question on everyone's mind is, 'is this going to be policed'?"

The PAC made its determination after a briefing with the Department of Planning, a public meeting at Williamtown Public Hall last month and a site visit. Weighbridge documents must include time or arrival and departure as well as weights and vehicle identification. The CCTV equipment will monitor vehicle movements and times 100 metres off Nelson Bay Road at the mine's alternate access site. Recordings will have to be kept for 30 days and handed over on request.