Illegal dumping cleanup order - VCAT decision
Published on 18 July 2025
VCAT rules on illegal dumping cleanup order
Moorabool Shire Council feels ‘dumped upon’ by the decision of the Victorian Civil and Administrative Tribunal (VCAT) that it must spend around half a million dollars to clean up harmful industrial waste illegally dumped on Council-managed land under the watch of the EPA.
Council challenged the Environment Protection Authority (EPA)’s order that it must clean up the containers of harmful industrial waste abandoned on a Crown Road reserve managed by Council on behalf of the state.
Mayor, Cr Paul Tatchell, said it was unfair that ratepayers should have to foot the bill for the cleanup.
“Council argued that the EPA had the illegal dumper of the harmful waste under surveillance at least since 2024 without Council’s knowledge, and the EPA had failed to take action.
“Suddenly, when the material is placed on Council land, the EPA springs into action and decides to punch down on the Council with the range of powers a body such as the EPA has at its disposal. How is this fair? It is unjust and un-Australian!
“In our view the EPA should have to cover the cost of the cleanup, not our residents. They had a chance to act, they didn’t and they’ve decided to play ‘pass the parcel’ with dangerous waste which suddenly became more dangerous when it appeared on Council land.
“Now we’ll have to find half a million bucks to clean it up – that’s about $25 dollars for every ratepayer in the shire!”
Cr Tatchell urged residents to join Council in expressing their disappointment to the EPA.
“Give them a call or send them a message on their socials - let them know you agree with us that this is just not good enough!”
Cr Tatchell said Council was now working out the logistics of the cleanup and alerting other councils to the VCAT outcome.
Significant community disruption is likely to follow during the cleanup, with road closures expected while Council engages specialist contractors required to remove the waste.
Cr Tatchell warned the decision had implications for councils right around the state.
“Our satellite imagery indicates more container loads of this harmful waste were on the site under observation by the EPA. Where have they gone?”
“Based on this decision, if people generating harmful waste try to absolve themselves of responsibility by dumping it on council-managed or owned land, other councils would be responsible for the clean-up and are likely to get a big bill from the EPA just like us.
“This decision really makes it a free for all for illegal dumpers across the state, at the expense of councils and the community.”
Moorabool Shire is currently running a campaign targeting illegal dumping in the shire, particularly by builders and contractors coming into the area for work.