Stopping Djab Wurrung individuals from attending a sacred Aboriginal website and the removing of bushes for a proposed freeway duplication in western Victoria is dangerous and unlawful, attorneys have argued.
A brief ban on work on the Western Freeway at Ararat has been prolonged till 5pm on Thursday whereas attorneys search an injunction relating to 6 bushes of significance to native Indigenous individuals.
The application for an injunction was introduced by Marjorie Thorpe, a Gunai and Maar lady.
Victorian authorities our bodies together with Transport Victoria have refused to vow they received’t perform extra work on the website whereas the matter is resolved, arguing what’s proposed within the coming weeks isn’t dangerous to the world.
However Ron Merkel QC, representing these making an attempt to guard the cultural website, instructed Victoria’s supreme courtroom the definition of dangerous within the present context included disturbing and interfering with the world.
The very idea of operating a freeway by the location was inconsistent with the world’s heritage, Merkel stated. If works are carried out, authorities our bodies might be committing offences beneath the Heritage Act, he stated.
Richard Attiwill QC, representing the federal government our bodies, stated the hurt alleged was truly simply the established order. “The one hurt recognized by the plaintiff … is that the bushes are going to be in shut proximity to the freeway – that’s the present place,” he stated.
Six bushes and the world instantly surrounding them are in dispute as areas of significance to native Djab Wurrung individuals. They’ve been labelled bushes E1 to E6 by planning authorities.
Attiwill stated they might “by no means” be eradicating bushes E2 to E6 and had no plan to take away E1 within the brief time period – no less than two weeks. However they do need to have the ability to do interim works together with pre-clearance surveys, spraying weeds, stripping topsoil and securing the location whereas courtroom issues are on foot.
Merkel stated chopping down a significant “directions tree” earlier this week, after a protracted interval with out works, had come as a transparent signal the undertaking was getting again into main development. There had been a request earlier than the tree was minimize down for works to be halted, however that was refused, he stated.
“The following factor that occurred … is protesters have been being cleared away from the location, arrested and the embassy set as much as shield the 2 principal bushes was being dismantled by police,” he stated. “Djab Wurrung can’t even attend the location, which is a spiritual website and a sacred website for them.”
He questioned why it was obligatory for individuals to be cleared from campsites if development work wasn’t going to be performed.
The case earlier than justice Jacinta Forbes is continuous.