Ballarat Council acted too slowly

Published:
Wednesday, 18 June 2025 at 11:50 am

The City of Ballarat has been fined nearly $10,000 after it failed to properly implement controls, allowing sediment to flow into the Yarrowee River in March this year.

City of Ballarat has been carrying out remedial works at the former landfill site at the Chisolm Street Reserve, Black Hill. Due to inadequate erosion and sediment controls, the first significant rainfall event of the year caused sediment to wash into the river, resulting in environmental harm.

“Waste is any material that is deposited or discharged into the environment in a manner that alters the environment. When large quantities of sediment is released into the environment, t is considered a pollutant.” said Martha-Rose Loughnane, EPA Regional Manager South-West region.

“As our region grows, we commonly see greenfield land stripped bare in preparation for works. The longer bare soil remains exposed, the higher the risk of sediment loss when there are rain events. This risk is particularly severe during drought periods. When rain comes it can quickly erode a dry site and transport all the muddy runoff into our waterways."

EPA is seeing these sediment loss incidents increasingly occurring across the region after rain events.

“Heavy rain is predictable, and EPA considers the loss of sediment to the river was an avoidable event.

“City of Ballarat should have known what was coming and that is why we have not only issued an improvement notice to fix their erosion and sediment controls but also fined the Council $9,880 for the environmental harm caused.”

“While City of Ballarat acted swiftly to address and remediate the harm, there should have been adequate controls in place to prevent excessive sediment loss in the case of heavy rain.”

“EPA is taking a strong approach to sediment discharging from construction sites. Fine sediments, such as soil, silt, or clay, are frequently exposed and stockpiled on construction sites and can contain soil-based contaminants, such as nutrients or heavy metals. Sediment can cause significant and permanent harm to our waterways, altering the environment and threatening wildlife.

“Sediment coats the riverbed and wildlife with a fine silt that can suffocate fish and smother habitat. These events also threaten the cultural values of Traditional Owners – in this case, the Wadawurrung peoples.”

Taking a preventative approach to risk management means anticipating intense rain and having effective controls in place to eliminate or minimise that risk from causing harm to the environment. It is the land manger’s duty to have effective plans and controls in place to handle heavy rain without causing harm to the environment. EPA will use its enforcement tools to hold to account those who cause pollution through lack of adequate planning.

Access our guidance material:

Environment, water & energy

Updated

Back to top