Hi there. Illegal dumping occurs when rubbish or waste is put or left on land without authorisation. The law seeks to prohibit illegal dumping by imposing fines on those individuals or organisations who are found to have dumped waste illegally. In your situation, it appears that the other builders have dumped construction waste on your land without your permission.

You should contact your local council to report the problem. Local councils have a range of powers to investigate land and waste management issues, and, if appropriate, to issue fines to those individuals responsible. Your local council may also be able to remove the waste from your land or require the persons responsible for the dumping to remove their waste.

If your local council is unable to help, you can report the matter to the Environment Protection Authority Victoria (www.epa.vic.gov.au). The EPA has the power to investigate illegal dumping and, if appropriate, issue fines or prosecute individuals or organisations who are responsible for the dumping. You can contact the EPA by calling 1300 372 842.

If neither your local council nor the EPA are able to assist, you may be able to commence legal proceedings directly against the persons responsible for dumping the waste. There are several laws that give land owners (such as yourself) rights against third parties who interfere with your enjoyment of your land. For example, you may have the right to seek an order from a court that the third parties remove their waste from your land, or that you be paid compensation to cover the cost of removing the waste yourself. Pursuing formal legal proceedings such as this is a complicated process that requires the help of a lawyer.

Suggested way forward

Start by contacting your local council and then the EPA. If neither organisation can assist, you should contact a property lawyer who can assess your situation and advise you of the best way forward. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced immigration lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.