Father and Son Face Multiple Legal Proceedings Over Alleged Illegal Waste Dumping and Burning
A father and son from Victoria are facing multiple legal proceedings for allegedly operating illegal waste dumping and burning operations on properties in Diamond Creek and Wollert.
Overview
Joseph Chetcuti and his son Jayden Chetcuti have been charged by the Environment Protection Authority (EPA) for breaches of the Environment Protection Act. The operations involved the alleged unlawful deposit of up to 50,000 cubic metres of earth and construction material—including asbestos—at a Diamond Creek property, and the alleged burning of industrial waste at a leased farm in Wollert.
A January 27 fire at the Wollert site required over 20 firefighting vehicles and a helicopter to contain.
Diamond Creek Dumping Site
Scale of the Operation
Joseph Chetcuti and Jayden Chetcuti used their property in Diamond Creek, along with an adjacent property, for the alleged dumping of approximately 50,000 cubic metres of earth and construction material. The pile reached 11.6 metres in height and contained asbestos. The dumping reportedly killed or removed dozens of mature eucalyptus trees on both private and council land.
Legal Proceedings
In May, Joseph Chetcuti pleaded guilty in Heidelberg Magistrates' Court to multiple breaches of the Environment Protection Act. The Nillumbik Shire Council hired private investigators who documented dozens of trucks delivering waste. The EPA issued enforcement orders.
The estimated cost to remediate the property ranges from $1 million to $8 million. Chetcuti stated he lacks the financial capacity to pay. A mortgage enforcement proceeding is underway; a Supreme Court writ indicates a $2.22 million loan from ASCF has defaulted.
During court proceedings, prosecutor Tim McCullough described the case as one of the most serious illegal dumping cases in Victoria. Chetcuti's lawyer Mike Cooper argued his client has no income and did not understand environmental notices due to dyslexia. The court heard that on one occasion police restrained Chetcuti when EPA officers inspected a deliberately lit fire containing asbestos.
Wollert Burning Site
January 27 Fire Incident
On January 27, Victoria's hottest day on record, a fire broke out at a leased farm at 280 Summerhill Road, Wollert, approximately 40 kilometres north of central Melbourne. A total fire ban was in effect at the time.
Over 20 Country Fire Authority (CFA) and Fire Rescue Victoria (FRV) vehicles, along with a helicopter, were required to contain the blaze, which was intensified by strong northerly winds moving towards a nearby housing estate.
Jayden Chetcuti, 26, was arrested and interviewed by police before being released.
Allegations and Investigations
The EPA is investigating Jayden Chetcuti for the alleged "unlawful deposit and burning of industrial waste" and for not complying with a directive to stop burning and clean up the site. The CFA visited the property multiple times before the January incident.
Sources within the waste industry, speaking anonymously, stated that the father and son allegedly operated a service disposing of demolition waste at reduced prices. This service reportedly attracted small operators seeking to avoid Victoria's metropolitan landfill levy, which increased to $170 per tonne last year.
The Diamond Creek operation was shut down in September last year. The following month, Jayden Chetcuti leased the 53-hectare Wollert property, which had been advertised as an "ideal earth dump station." Satellite imagery shows the property's north-western corner transformed from a rocky field into a dump site with piles of building waste and soil by mid-December.
Site Conditions and Risks
The Wollert property is bordered by heritage-listed dry stone walls, one of which has been damaged. It is part of the Melbourne Strategic Assessment Program, containing habitat for critically endangered species. A high-pressure underground gas pipeline, critical to Melbourne's gas supply, also runs through the site. The pipeline's owner, APA, reportedly raised concerns with the CFA regarding potential risks from an uncontrolled grass fire.
A nearby resident reported frequent truck traffic, fires that would smolder for days, and temporarily relocating his family due to smoke and dust.
Statements and Responses
Jayden Chetcuti confirmed leasing the property but denied burning industrial waste, claiming the material was green waste, including trees and hardwood timber. He stated he was complying with EPA directions and removed part of a dry-stone wall for property access.
The EPA stated: "EPA has inspected and issued a direction and remedial notice to regulate the unlawful deposit and burning of industrial waste at 280 Summerhill Road, Wollert. An investigation is ongoing to identify potential offenses related to the unlawful deposit and burning of industrial waste as well as non-compliance with the direction and remedial notice."
Whittlesea City Council is also investigating activities at the site.
Northern Metropolitan Liberal MP Evan Mulholland raised the issue in state parliament, expressing concern over fires occurring during total fire bans.
Broader Context
Illegal dumping is an increasing problem in Victoria, prompting a state government taskforce. Victoria's metropolitan landfill levy increased to $170 per tonne last year.