Supreme Court extends work ban on Western Highway in case that 'goes to the heart' of heritage issue

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Supreme Court halts work on Western Highway in case that 'goes to the heart' of heritage issue

Ms Thorpe's case claims the construction or completion of the highway upgrade between Buangor and Ararat is unlawful.

It also argues for an injunction to stop the State from approving a Cultural Heritage Management Plan under the Aboriginal Heritage Act in the specified area.A key part of the plaintiff's case focuses on a 2013 Cultural Heritage Management Plan for the project, and the fact that a new plan has not been developed since.

The report highlighted a potential conflict of interest with Martang, the Registered Aboriginal Party at the time of the cultural heritage approval. In August this year the Federal Environment Minister made a decision to again the application for the further protection of six trees for a second time.A fiddleback tree was removed to make way for the Western Highway upgrade on Monday.Representing the State of Victoria and others, Richard Attiwill, QC, said the plaintiff had not properly identified the area that was considered significant.

 

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