Protecting our floodplain
The City of Casey and Melbourne Water are working together to protect our land for future generations by trying to put a stop to illegal fill being placed on properties.
Both authorities have seen a recent surge in unlawful dumping and importing of soil, clay, rocks and debris onto private land — and often within and near to designated floodplain areas and watercourses. Uncontrolled development of the floodplain has significant impacts on neighbouring properties and the overall function of the floodplain. Landowners are responsible for ensuring that any fill material brought onto land has the required permissions as is often required under the Planning and Environment Act 1987 and the Water Act 1989.
Accepting unapproved fill material onto your land may make you liable to fines, prosecution and massive cleanup costs to remove it. The situation is made worse if contaminants are present, and not all contaminants can be seen with the naked eye.
The surplus fill typically originates from large-scale construction or land development sites, such as basement cuts on high rises, underground tunnelling, and the establishment of new housing estates.
Placing illegal fill can often directly or indirectly affect local flora and fauna, which rely on healthy natural waterways.
Get free advice
Before accepting fill or undertaking any earthworks, landowners are encouraged to contact Council to discuss any changes to their property and determine if a permit is required or if the matter needs to be referred to Melbourne Water. Verbal advice from Council’s duty planners is free of charge.
You can contact us:
- by phone on 9705 5200
- by email at caseycc@casey.vic.gov.au
Report illegal dumping
Working together will allow us to protect our waterways. If you suspect illegal activity, please immediately report it to us via the above contact options. We can investigate the matter and take appropriate action.
This includes if you've unknowingly accepted illegal fill. We can provide guidance on the proper steps to address the situation and mitigate any potential damage. Instances involving self-reporting where there are very low or no signs of culpability, will typically result in Council seeking to work with the affected parties to remedy the situation.
Frequently Asked Questions
- What is a Floodplain?
A floodplain is an area of often low-lying land, which is mapped as it forms a part of the local water basin in high rainfall events. A floodplain is often demarcated by the Planning Scheme Overlay called the Land Subject to Inundation Overlay (LSIO), which requires a planning permit to carry out most earthworks.
- What is surplus fill, and why is it being imported onto properties?
Surplus fill includes soil, clay, rocks, and debris leftover from construction or development projects. It's being imported onto properties, often unlawfully, for various reasons including avoiding disposal costs and reclaiming land.
- How can I tell if the fill being offered to me is legal or not?
Legal fill should come with proper permits and documentation. If you are unsure, it is essential to verify the source and consult with Council to ensure compliance with regulations.
- What are the potential consequences of accepting illegal surplus fill onto my property?
Accepting illegal fill can have serious consequences, including environmental damage, drainage issues leading to increased flooding, and legal repercussions for violating regulations. The unlawful importation of fill carries a maximum penalty of $230,722 per offence, criminal conviction, as well as incurring the cost to remediate the land. Penalties apply to both the people responsible for importing the fill, and the owners, even if they didn’t know it was an offence.
- What are the legal ways to dispose of fill?
Waste soil is industrial waste and requires classification prior to disposal. Questions concerning soil classification and disposal are best directed to EPA Victoria. For more information visit the EPA website.
- What steps can I take to protect my property from the negative effects of surplus fill?
Ensure that any fill imported onto your property is legal and properly documented. Contact Melbourne Water to discuss any changes to drains on your property.