Black Mount Natural Spring Water was set up amid controversy, with nearby farmers concerned that selling off spring water would deplete the local water table.

The company was given a permit by Hepburn Shire Council, but with strict conditions – to pay for road upgrades along Quines Road and Wheelers Hill Road from the Daylesford-Trentham Road to the railway line.

The company was also required to only operate trucks between 7am and 7pm.

Cr Klein said both conditions had been breached, a claim vehemently denied by owner Tim Carey.

The Advocate reported in March last year the road upgrades were required by VCAT to be completed by March 30, 2015. More than a year and half later, the road works still have not begun.

However, Mr Carey said VCAT and Hepburn Shire Council were aware of and had approved the delayed start.

He said the company would begin roadworks by October 7 and have them complete by November.

“For (Cr Klein) to say that is completely ridiculous. He is stirring up trouble for no reason,” Mr Carey said.

Mr Carey also said if Cr Klein had seen out-of-hours trucks, he needed to report it to council rather than go to the media.

Cr Klein supplied The Advocate with time-stamped images of trucks operating at 10.45pm in late July this year, which he said he forwarded through to council staff.

“I felt a responsibility to do something, because no-one else was,” he said.

Council acting CEO Bruce Lucas said the planning department was liaising with the company to ensure compliance.

“Council officers and the landowner have been in discussion about the road upgrades for some time,” he said.

“Due to the weather, any upgrades have been delayed until such time that the weather allows work to begin. Council officers will be meeting with the landowner to determine a possible start date in the coming weeks.”