Updated December 7, 2023
INFORMATION FOR RESIDENTS
Council has received a significant number of inquiries from residents surrounding the sand mining operation at 165 Bushbys Road Barongarook.
The property recently changed hands and is now operated by Daisys Garden Supplies, who purchased the property in May 2023. This has resulted in an increase in activity at the site. Residents have raised general concerns about the ramped-up activity, the noise from the mine operation and the increase in trucks entering and exiting the site via Bushbys Road, the dust being generated from the increased activity, and the potential for increased dust in the summer months.
Council has responded to inquiries directly, but provides this document for general information to nearby land holders and interested persons. This document will be updated as required.
Q&A
Which authority is responsible for the rules governing operation of the site?
The State Government body Earth Resources is the authority which issues and monitors the Work Authority for compliance at the site. Work Authority (220) sets out the operational guidelines for the site at Bushbys Road Barongarook.
Any breaches of the Work Authority would be dealt with by Earth Resources in the first instance.
They can be contacted on 136 186.
https://resources.vic.gov.au/about-us/our-role/earth-resources-regulator
Can landowners get a copy of the Work Authority?
This is not a licence issued by Council. The request should be made directly to Earth Resources.
Which authority has the ability to respond to noise or dust pollution complaints from residents?
The Environment Protection Authority is the relevant authority regarding pollution issues associated with the operation of the sand mine.
The EPA can be contacted on 1300 372 842.
https://www.epa.vic.gov.au/about-epa/what-we-do/compliance-and-enforcement/local-officers
How long has the site been a sand quarry?
The quarry located at 165 Bushbys Road Barongarook was initially granted a licence on 15/11/1976. This licence was further renewed on 15/11/1980 and again on 15/11/1990. This licence was then converted to Work Authority 220 on 23/9/1997 by the Department of Primary Industries.
A Work Plan Variation to Work Authority 220 was approved by the relevant State Government Department in December 2009 and the Work Authority remains valid and is ongoing.
The approvals and documents relating to the are held by Earth Resources.
Has Council approved an expansion of the quarry site?
No, the boundaries of the property upon which the mine operates have not changed. No further land acquisitions have occurred since the issue of the Licence in 1976.
Has Council consulted with authorities involved in managing the mining operation?
Yes, as a reulst of concerns raised by residents, Council officers have met with representatives from the site owner/operators, Earth Resources (the regulator), the Environment Protection Authority and the Department of Energy, Environment and Climate Action (Earth Resources is part of DEECA).
That responsible authorities did not identify breaches of the Work Authority guidelines at that time. The company indicated it was committed to working within the guidelines of the Work Authority and limiting its impact on surrounding properties.
What is Planning Amendment VC219 and how does it impact properties surrounding the quarry?
In March 2022 the State Government imposed Planning Amendment VC219 which requires planning approval for dwellings built within 500 metres of the perimeter of any mine or quarry. It is not prohibited to build dwellings nearby these sites, but extra planning considerations apply.
When was approval granted to subdivision of the land surrounding the site?
The rural living zoned land adjoining the quarry was subdivided for this type of development in 1986, nearly forty years ago, prior to modern day planning controls. The rezoning occurred 10 years ago to formally recognise the existing rural residential development that had occurred.
What is Council's role in the management of the sand quarry?
Council has no role in overseeing the Work Authority that governs the operation of the sand quarry. The State Government is responsible for the operation of extractive industry sites throughout Victoria. Council has an interest on behalf of the residents in ensuring they have a legitimate process to raise concerns and have them addressed, and that role includes linking landowners to the correct authorities – Earth Resources and the EPA.
What is Council's role in dealing with resident concerns?
Council will respond to each concern raised on its merits, and assist residents to connect with the appropriate authority depending on the issue. Currently the EPA is investigating concerns raised by surrounding landowners.
