'How could this happen?': Residents dismayed at sediment run-off from development site into river

Members of community environmental groups reported their sightings of sediment running from the Hillview Road site into the Yarrowee River during two rainfall events in February and once last fortnight to authorities.

Many said they were dissatisfied with the response and wanted to make sure better controls were put in place to ensure similar environmental contamination did not happen again during future developments.

"It is all very well to have development but the environment also needs to be considered," Wattle Flat Pootilla Landcare Group member and Brown Hill resident Anthony Murphy said.

"There has been a lot of work to improve the biodiversity along the river and if we allow developers to allow sediment to run into it the whole thing is going backwards."

The Environmental Protection Authority served remedial notices on the developer Hillview Road Developments of Gull Group, a spokesperon confirmed to The Courier.

The authority said the developer had implemented controls on the site, including two sediment dams designed to capture all rainfall run-off from the site in typical rainfall events, sediment fences and hay bales.

"An EPA investigation into this site is ongoing, with the potential for further action to be taken," the spokesperson said.

Hillview Road Developments and Gull Group business manager Corey Saitta said the company had complied 'wholeheartedly' with advice received from EPA and City of Ballarat to ensure the site was safe.

He said the issues were caused by an unprecedented rain event on January 6 that flooded areas of Ballarat and Creswick.

"As an experienced and responsible developer in the region, we have worked closely with both regulatory bodies and our engineers and contractors to ensure the site is developed in accordance with standards," Mr Saitta said.

"We are clearly showing to the regulatory bodies we are developing safely and responsibly for all parties.

"We look forward to continue to develop the site to completion. We are excited about the development for Ballarat, making sure we preserve the beautiful nature and surrounds that are adjacent. We think we are getting that balance right."

Friends of Yarrowee River president Neil Huybregts, Napoleons Enfield Landcare Group secretary Jenny Ryle and Mr Murphy said the sediment run-off into the river was an issue on January 6, but also on other dates.

They noticed it again during heavy rains on January 28 and most recently on April 29.

"The river went a coffee sort of colour. Because so much sediment went in you could see it all through Ballarat and people saw it as far as Napoleons.

"After the rain stopped the water level in the river dropped and all the plant life on the edge of the river was just covered in this sediment.

"Once the river level dropped back to a more normal level you could see quite substantial sediment in the river bed."

Ms Ryle said she was about 20 kilometres away from the site where the sludge was entering the river when she noticed the affects.

"We investigated and we found out that a huge area of Brown Hill has been scraped of vegetation and top soil. This was supposed to be a four stage development and it had all been cleared all at once," she said.

"We have had various emails in from the public saying how could this happen? The kangaroos are jumping around on bare soil at the moment, there is no vegetation and they have nothing to eat.

"The pollution that has come down the river has coated everything in its path. It has killed a lot of vegetation at the top end. This is clearly not an ideal condition for anything in the river.

"Is this going to go on every time it rains? I have never seen anything like this before. It seems outrageous. There are hectares and hectares of stripped vegetation on a slope.

"Surely there can be a way of keeping vegetation in until it is ready to build rather than stripping it all at once. This is a huge hillside completely exposed to the elements, surely that is not the way this could work best."

Mr Saitta did not directly answer The Courier's question about whether the clearing of an entire development site at one time was usual practice.

"From our point of view we think the matter has been raised and addressed and adequate solutions have been sourced," he said.

"It was a once in a 50 year rainfall event. That was the catalyst for what happened on the site as opposed to anything our contractors undertook or engineers suggested.

"It was most unfortunate but couldn't be foreseen. It was outside everyone's control."

City of Ballarat said it was aware of the sediment issue and it was currently under investigation, which meant it could not comment on specifics.

Director of Development and Growth Natalie Robertson said there were conditions on building permits that sought to prevent impacts on the environment.

"If conditions have not been met the Planning Enforcement Act provides some jurisdiction for investigation and where required, appropriate action," she said.

"Our role in enforcement is to administer breach of permit conditions which may result in fines or stop work requirements, through to court proceedings in some instances.

"Both local authorities and EPA work together on these matters to ensure that not only is the remediation satisfactory but measures are taken to try to avoid any future breaches."

Mr Murphy said while work was being done to remedy the issue, it should not have happened in the first instance.

"I used to live out of town but I chose to live here because of the river, it is such a nice spot, which is why I was disappointed when I saw all this sludge going into it," he said.

"It shouldn't have got to this point. It shouldn't have happened at all. It can have very lasting effects. The sediment is still in the river."

Mr Huybregts said it was a setback from 20 to 25 years of work to improve the environmental values of the Yarrowee River.

"In a way it is a real kick in the teeth for anyone who has been trying to do something to improve the river," he said.

Mr Saitta said he was proud of Gull Group's track record and the company would continue operating responsibly throughout Ballarat.

"We take our role as a developer in that space very seriously. We have been able to intervene, correct and address," he said.

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