NILLUMBIK: Guilty plea indicated for July 21 case
Nillumbik Council says that a guilty plea is likely in a Heidelberg Magistrates’ Court case over dumping at a property in Black Gully Rd, Diamond Creek.
“We acknowledge that there remains community concern over activities taking place on private land in Black Gully Rd, Diamond Creek,” said a Nillumbik Shire Council representative.
“We want to reassure the community that Council remains committed to ensuring illegal activities cease on the land. This is a combined effort between Council, the EPA and Victoria Police.
“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.
Enforcement
“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.”
“In regard to one of the twoi sites, Council lodged an application for an interim and full Enforcement Order with VCAT in May 2025.
“In June 2025, 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 last year.
“VCAT issued its determination on December 17, 2025. VCAT determined that a number of breaches to the Nillumbik Planning Scheme have occurred, and has issued a range of Enforcement Orders to the land.
“Council continues to monitor the site and assess compliance with the VCAT Enforcement Orders.”
Breaches
In regard to the second site, [Nillumbik] Council lodged interim enforcement proceedings and full enforcement order proceedings with VCAT for Site 2.
“On September 18, 2025, 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.
“On January 21, 2026, VCAT determined that a number of breaches to the Nillumbik Planning Scheme had occurred, and has issued a range of Enforcement Orders to the land.
“Council continues to monitor the site and assess compliance with the VCAT Enforcement Orders.”
CARTOON: Nillumbik Council says that it is working with Victoria Police, the Country Fire Authority and the Environment Protection Authority over illegal dumping at a property on Black Gully Rd, Diamond Creek.