Barongarook Sand Quarry - Frequently Asked Questions
Published on 07 December 2023
Updated December 22, 2023
INFORMATION FOR RESIDENTS
Council has received a significant number of inquiries from concerned 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 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 impact of dust on nearby properties and residents, road load limits and historic planning issues related to how the rural living zone and quarry operation co-exist.
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 site 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.
Council also had no input into the sale of the property or the ramping up of operations by the new owners.
Has Council consulted with authorities involved in managing the mining operation?
Yes, as a result 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).
Both the EPA and Earth Resources have responded to resident concerns by conducting dust/air quality testing and sound testing at the site and we await their findings and any further recommendations.
The site operator has carried out dust minimisation works and is planning to pave its entrance road in the new year, whilst continuing to water throughout the site.
The quarry closes today until January 2.
What is Planning Amendment VC219 and how does it impact properties surrounding the quarry?
In March 2022 the State Government imposed Planning Amendment VC219 state-wide, which requires planning approval for new dwellings or alterations to existing dwellings situated within 500 metres of the perimeter of any mine or quarry. It is not prohibited to build dwellings or alter them nearby these sites, but extra planning considerations apply.
This Amendment was not advertised and did not go out for community consultation. The State has the power to make these changes without doing so. Many residents in this Barongarook subdivision are finding out about the Amendment for the first time through this current issue.
Council’s planning department has extra considerations for properties within this 500 metre zone, but this was not an Amendment applied for or imposed by Council.
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 the 1970s, at the time the sand quarry property boundary was defined. Both the small acreage properties and the active sand quarry have existed throughout this time.
A rezoning of the land from farming zone to rural living occurred 10 years ago to formally recognise the existing rural residential development that had occurred. The vast majority of blocks in this zone had been developed by that time. Those few remaining blocks yet to be developed would have been prevented from doing so under the farming zone rules where at least 100 acres is required to build a dwelling.
What limitations are placed on heavy vehicles using local roads to access the site?
Council has no weight limit on Bushby’s Road. Council recognises the safety concerns raised by residents around roads being shared by trucks, school buses and general vehicles, but this is an issue right across the shire, which is controlled by road laws.
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 concerns raised, and assist residents to connect with the appropriate authority depending on the issue. Currently the EPA and Earth Resources are investigating concerns raised by surrounding landowners.
Points of contact
Should you have any concerns with the activities of the sand mining operation please contact the appropriate authority:
Earth Resources
Phone 136 186.
https://resources.vic.gov.au/about-us/our-role/earth-resources-regulator
Environment Protection Authority
Phone 1300 372 842.
https://www.epa.vic.gov.au/about-epa/what-we-do/compliance-and-enforcement/local-officers
General information regarding Extractive Resources can be found at:
https://www.planning.vic.gov.au/guides-and-resources/guides/all-guides/extractive-resources#:~:text=Amendment%20VC219%20introduced%20a%20permit,(Sustainable%20Development)%20Act%201990
Specific information relating to Amendment VC219 can be found at:
https://planning-schemes.app.planning.vic.gov.au/All%20schemes/amendments/VC219?schemeCode=alpi