NILLUMBIK: Council issues statement about Black Gully Rd
Nillumbik Council has issued a statement about activities on private property in Black Gully Rd, Diamond creek.
“We want to reassure the community that everything is being done to cease any illegal activities. This is a combined effort between Council, the EPA and Victoria Police,” a Nillumbik Council representative said.
“Council only has jurisdiction for building and planning breaches under the Nillumbik Planning Scheme and the Victorian Building Regulations, and the EPA is responsible for the investigation and prosecution of illegal dumping of waste or environmental damage under the Environment Protection Act.
“As both the Council and EPA have active investigations and legal proceedings underway, we are limited in what we are able to report so as not to jeopardise these proceedings.
“What we can say: Council Enforcement at site 1. Council lodged an application for an interim and full Enforcement Order with VCAT in May.
“In June, VCAT issued interim enforcement orders for the landowner and occupier to cease receiving or importing any fill onto the land; placing or stockpiling any fill on the land; and/or spreading or working the fill on the land.
“The full Enforcement Order Hearing was heard by VCAT from August 4-6.
“Council is still awaiting the outcome of the VCAT hearing. If full enforcement orders are granted, the specific wording of the Tribunal member’s orders will be important for determining any additional enforcement options for the site.
“Council Enforcement at site 2. Council is aware of activities at a second site in Black Gully Rd and has moved quickly to investigate, gather evidence and commence robust enforcement action.
“Council is aware that native vegetation has allegedly been removed and this forms part of the current enforcement proceedings.
“Council’s lodged interim enforcement proceedings and full enforcement order proceedings with VCAT for site 2.
“On September 18, VCAT issued interim enforcement orders for the landowner to cease using the land as refuse disposal, receiving or importing any waste, soil, fill onto the land; placing or stockpiling any fill on the land; and/or spreading or working the fill on the land, cease destroying native vegetation, cease lighting any fires on the land.
“The full Enforcement Order Hearing has been set down for nine days commencing January 19, 2026.
“The EPA has laid charges under the Environment Protection Act 1970 in relation to alleged illegal waste dumping. The matter has been listed to go before the Heidelb