Mr Hay and council are at loggerheads over the use of River Road at Wantabadgery, which Mr Hay’s business, Martin Hay Plant Hire and Earthmoving, is using to transport sand and aggregate to Wagga’s Austrak sleeper factory.

Council imposed a 10t load limit on the route a year ago after estimating the cost of damage it claims was caused by Mr Hay’s trucks at $50,000.

A voluntary agreement was reached in January to allow the use of the road but relations between the parties have soured.

After re-signing a contact to transport material to Wagga, Mr Hay said he was flabbergasted by council’s decision to impose the load limit.

“I’ve done nothing under handed and nothing wrong,” he said.

“I’ve used that road for six years and it was used for 35 years before when the quarry used to come off River Road.

“There were no problems then. It’s all happened since I was awarded the big contract.”

Mr Hay believes he is the only person who has to pay to use the road and claims the move by council to enforce the limit will result in a doubling of the length of his trucks’ route from Gundagai to Wagga.

“If they impose this limit I might as well dismantle the plant and put my staff off because it will render the quarry useless,” he said.

Council general manager Greg Campbell said it was only when Mr Hay was awarded the Austrak contract that complaints about River Road began.

Fearful of more damage to the road, council will today erect signs and enforce the road load limit.

Although Mr Hay’s trucks will not use the route as frequently as in the past, Mr Campbell said, given the recent wet weather, council was deeply concerned the road was more susceptible to breaking up.

“The council is disturbed the Billabong Quarry is again breaching its conditions of consent and using River Road and the Oura Road to transport sand and other materials to the Austrak sleeper factory,” he said.

Council was prepared to go to the Land and Environment Court, he said.

“We have advice from our solicitors ... this is outside the

conditions of consent,” Mr Campbell said.

“The only path forward is to replace the 10-tonne load limit signs.

“It stresses us to have to do it.”