Black Gully Road Diamond Creek - Council statement

A statement from Nillumbik Shire Council

We acknowledge that there is a lot of community concern over activities taking place on private land in Black Gully Road, 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.

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.
• The interim order was for the landowner 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 4-6 August.
• 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 Road 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.
• The interim enforcement order hearing was heard on 16 September and the full hearing has been set down from the 19 January 2026.

EPA action

• Council continues to work collaboratively with the EPA and remains in close contact. The EPA is undertaking its own active investigations.
• 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 Heidelberg Magistrates’ Court on 29 October 2025. View the EPA’s media release.
• The EPA is the lead agency for investigating and enforcing the importation, dumping and burning of industrial and building waste.

Heavy Vehicle Load Limit

• Council applied to the Department of Transport and Planning (DTP) and the National Heavy Vehicle Regulator to reduce the permitted load limit (for trucks) on the entire length of Black Gully Road (from Ironbark to Broad Gully Roads).
• The load limit will be reduced to 18 tonnes (the size of a bus). Generally a dump truck full of fill can exceed 50 tonne in weight. 
• Immediately after approval was received Council commenced manufacturing load limit signs.
• These will be installed in multiple locations along Black Gully Road this week (commencing September 15)
• Council is working with Victoria Police to enforce these new load limits.

Other action

• Council continues to monitor Black Gully Road for street sweeping requirements.
• Council thanks the Diamond Creek CFA, local CFA and FRV for monitoring fires on the sites.

Further advice

Council continues to work collaboratively with the EPA, to identify all options to stop the trucks and illegal dumping on the site, and ultimately, continue working together to seek full remediation of the site.

As EPA is responsible for dumped waste and the burning of dumped waste, they are the lead agency for these reports. Please direct any reports of waste dumping and burning of waste to the EPA via their general number 1300 372 842. Please report any new planning or building breaches to Council on 9433 3111.

Any residents or community members concerned about health and safety matters, air quality, water quality and asbestos should contact the EPA, who are responsible for managing these matters on contact@epa.vic.gov.au or 1300 EPA VIC (1300 372 842)

Special thanks

Council would like to thank Victoria Police and members of the CFA for their support in helping Council and the EPA manage the situation.