Black Gully Road - Council statement

Published on 22 July 2026

An updated statement from Nillumbik Shire Council

The statement below was published on 22 July 2026.

Nillumbik Shire Council welcomes the outcome announced by EPA Victoria following its investigation into illegal waste activities at Black Gully Road, Diamond Creek.

EPA Victoria has advised that legal proceedings have resulted in the property owner being fined $60,000, ordered to pay $12,098 in legal costs and required to clean up the site.

We know this issue has been a long-running concern for many local residents. Thank you to community members who reported concerns and remained patient while investigations were carried out.

Council acknowledges the significant work undertaken by EPA Victoria as the lead agency responsible for investigating and enforcing illegal waste dumping offences. We also thank Victoria Police, CFA members and Council officers who have worked on this matter over an extended period.

Council will continue to work with EPA Victoria and other agencies to support the ongoing clean-up and monitoring of the site.

Original statement

The statement below was originally published on 18 December 2025 and was updated on 24 June 2026.

We acknowledge that there remains community concern over activities taking place on private land in Black Gully Road, Diamond Creek.

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.

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.

Council enforcement at Site 1

• 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 4-6 August 2025.
• VCAT issued its determination on 17 December 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. Full details of the decision can be found on the AustLii website.
• Council continues to monitor the site and assess compliance with the VCAT Enforcement Orders.

Council enforcement at Site 2

• Council lodged interim enforcement proceedings and full enforcement order proceedings with VCAT for Site 2.
• On 18 September 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 21 January 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.

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 in regards to Site 1. The matter has progressed before the Heidelberg Magistrates’ Court with a guilty plea hearing scheduled to be heard on 21 July 2026. 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 in this stretch of road is now currently in force and is reduced to 18 tonnes (the size of a bus). Generally a dump truck full of fill can exceed 50 tonne in weight. 
• Council continues to work with Victoria Police to enforce these load limits.

Further advice

To date, truck activity has ceased at both sites. Council continues to work collaboratively with the EPA to seek full remediation of the site.

The EPA remain responsible for dumped waste and the burning of dumped waste and 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.

While reports of alleged dumped waste burning have reduced significantly on both sites, residents and community members who have concerns about health and safety, air quality, water quality, or asbestos are encouraged to contact the EPA. The EPA is responsible for managing these matters and can be reached via email at contact@epa.vic.gov.au or by phone on 1300 EPA VIC (1300 372 842).

If the community observes fire on the land, we ask that you call Triple Zero (000) as per any other fire or emergency response.

If you do observe activity on the land, such as trucks dumping or earthmoving equipment, you can report this anonymously to Council on 9433 3111.

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.