Victoria's environmental regulator is seeking urgent court action against a Ballarat development company to prevent permanent damage to a local river.
The Environment Protection Authority has filed court action to force Vista Estate Pty Ltd, a subsidiary of Gull Group, to stop sediment running from its Brown Hill development site into the Yarrowee River.
The first hearing of the matter was held at the Supreme Court on Tuesday, where the EPA's lawyer Dr Michelle Sharpe alleged the court needed to intervene urgently as the pollution worsened with rain.
"As Your Honour is aware, there is a lot of rain in spring and significant rainfall is forecast for later this week," she said.
"There is a risk if this matter isn't attended to, there could be long-term or permanent damage caused to the environment around the area."
The ABC understands Vista Estate almost completely cleared an 18-hectare residential housing development site of vegetation late last year, leaving a large area of exposed clay.
Residents frustrated
Concerned residents noticed a heavy flow of thick, orange sludge in the river after heavy rain events in January and reported it to the EPA.
They alleged the sludge had turned the river a coffee-like colour and created a soil build-up on plants and the river bank.
The residents have shared frustration and disappointment that the sediment continued to flow into the river more than 10 months on from their initial reports.
The EPA said in a media statement it had issued five remedial notices since it became aware of the issue in February and Vista Estate had taken some action, but not enough.
EPA chief executive Lee Miezis said the authority had been in frequent contact with the company in the past, but had decided there was "no alternative" but to go through the court system.
"Whilst some [of the requested] works have been done, EPA is not satisfied with the timeliness and extent of it overall, or the ongoing maintenance of controls," he said in a statement.
The ABC understands this is the first time the EPA in Victoria has taken court action using the General Environmental Duty provisions which were introduced to the Environment Protection Act in July 2021.
The provision requires businesses to avoid the risk of environmental damage and respond if pollution does occur.
Court action
The EPA is seeking an injunction through the Supreme Court that, if successful, would require the company to extract and dispose of sediment, install multiple silt curtains and stop all stormwater discharge.
Vista Estate's lawyer Robert Sadler told the court on Tuesday the company planned to put in more hay bales and silt fences and reduce the area of exposed clay in the next few days.
A full-day court hearing is likely to be set for mid-November.
Justice Jacinta Forbes said she appreciated the urgency to progress the case with forecasts of heavy rain to continue this month.
