EPA Victoria enforces illegal dumping of contaminated soil on residential land in Ashwood

Overview

The Environment Protection Authority Victoria (EPA Victoria) has taken enforcement action after a truck was filmed illegally dumping over 1,000 litres of contaminated construction and demolition soil on a cleared residential block in Ashwood, in Melbourne’s south-east. The incident, captured on camera by a local resident, has resulted in a penalty infringement notice and an Environmental Action Notice requiring full remediation of the site. The case highlights the growing role of community surveillance in environmental enforcement and serves as a stark warning to developers, contractors and waste transport operators about the consequences of failing to comply with Victoria’s waste management and contaminated land obligations under the Environment Protection Act 2017.

Key details

The enforcement action followed a tip-off from a member of the public who filmed a truck depositing soil at the Ashwood site without authorisation. Key elements of the response include:

• Penalty infringement notice: EPA Victoria issued a fine to the responsible party for the illegal deposit of industrial waste. Under the Environment Protection Act 2017, penalties for unlawful waste disposal can be substantial, with maximum court-imposed fines for individuals exceeding $360,000 and for corporations exceeding $1.8 million.
• Environmental Action Notice (EAN): In addition to the fine, EPA Victoria issued an EAN under section 271 of the Act. This statutory instrument compels the recipient to undertake specific actions to remediate environmental harm, including removal of the illegally dumped material, characterisation of any residual contamination and, if necessary, remediation of the receiving site to a condition suitable for its intended land use.
• Community evidence: The smartphone footage provided by the local resident was central to the investigation. EPA Victoria has actively encouraged community reporting through its pollution hotline (1300 372 842) and online reporting tools, and this case demonstrates the evidentiary value of citizen-captured footage.
• Contaminated soil risks: Construction and demolition soil may contain a range of contaminants including heavy metals, asbestos, hydrocarbons, and PFAS. Uncontrolled dumping on residential land creates potential exposure pathways for residents, particularly through direct contact, dust inhalation and leaching to shallow groundwater.

Australian context

Illegal dumping of contaminated soil remains a persistent problem across Australian cities, driven by the significant cost differential between lawful disposal at licensed facilities and illegal deposit on vacant land. In Victoria, the Environment Protection Act 2017 and the Environment Protection Regulations 2021 establish a comprehensive framework for waste management:

• General environmental duty (GED): Section 25 of the Act imposes a proactive duty on any person engaging in an activity that may give rise to risks of harm to human health or the environment. This extends across the entire waste chain, from generators to transporters to receivers.
• Lawful place requirements: Industrial waste, including contaminated soil, may only be received at premises that hold the appropriate permissions under the Act. Depositing industrial waste at an unlicensed location is an offence regardless of the intent of the person receiving the material.
• Waste tracking: Victoria’s EPA-regulated waste tracking system requires digital consignment documentation for the transport of prescribed industrial waste. Failure to use the waste tracking system or to maintain accurate records is a separate offence.

Similar enforcement frameworks operate in other jurisdictions. In New South Wales, the Protection of the Environment Operations Act 1997 and the waste tracking provisions under the Protection of the Environment Operations (Waste) Regulation 2014 impose equivalent obligations. Queensland’s Environmental Protection Act 1994 and the waste tracking provisions under the Environmental Protection Regulation 2019 also provide for significant penalties and remediation orders for illegal dumping of contaminated materials.

Practical implications

This enforcement action carries important lessons for environmental consultants, developers, principal contractors and waste transport operators:

• Supply chain liability: Principal contractors and site owners cannot outsource their environmental obligations by engaging a third-party waste transporter. If contaminated soil originating from your development is illegally dumped, you will face scrutiny regarding your waste classification, transport procurement and tracking procedures. Due diligence on waste transport subcontractors is essential.
• Waste classification rigour: All soil leaving a development site must be properly classified in accordance with EPA Victoria Publication 1828 (Waste classification assessment protocol) or the equivalent guidance in your jurisdiction. Classification must be based on representative sampling and laboratory analysis, not visual inspection or assumptions.
• Digital waste tracking: Environmental management plans should mandate the use of EPA-regulated digital waste tracking systems. Reconciliation of outgoing soil volumes against received volumes at licensed facilities should be a standard compliance check.
• Community surveillance: The ubiquity of smartphone cameras means that illegal dumping is increasingly likely to be filmed and reported. Contractors should assume that all waste transport activities are being observed and documented.
• Remediation cost exposure: An Environmental Action Notice shifts the full cost of investigation and remediation to the responsible party. For contaminated soil dumped on residential land, this can include detailed site investigation, human health risk assessment, soil removal and validation, and potentially long-term groundwater monitoring. These costs frequently exceed the savings from illegal disposal by an order of magnitude.

References and related sources

• EPA Victoria (primary source)
• Environment Protection Act 2017 (Vic)
• EPA Victoria Publication 1828: Waste classification assessment protocol
• View the iEnvi LinkedIn post

How iEnvi can help

iEnvi provides comprehensive contaminated land and remediation services, including waste classification, contaminated soil management planning, environmental management plan preparation, and remediation of illegally dumped materials. Our team assists developers, contractors and landowners in meeting their obligations under state environment protection legislation. We also offer expert witness services for disputes involving contaminated land liability and illegal dumping enforcement actions.

This is an iEnvi Machete news summary. Prepared by iEnvi to summarise the source article for contaminated land, groundwater, remediation, approvals and site risk professionals.

Need advice on this topic? Speak to an iEnvi expert at hello@ienvi.com.au or 1300 043 684, or contact us online.