A last-minute legal challenge against the construction of a controversial bypass highway in WA’s south has failed in its bid to stop bulldozers from clearing native bushland.
Key points:
A Federal Court judge has dismissed a legal environmental challenge against the highway
At $1.25 billion, it is WA’s single most expensive road project
Clearing of native bushland is expected to resume today
On Friday, construction was halted at the southern and final leg of the $1.25 billion Bunbury Outer Ring Road when an eleventh-hour injunction was granted by the court.
But the court today agreed with government lawyers that the legal challenge “had no legs”, and dismissed the injunction, clearing the way for construction to resume today.
Judge Craig Colvin was not satisfied with the opponents’ legal argument about the legitimacy of the federal process Environment Minister Tanya Plibersek took to grant environmental approval.
Work to clear 71 hectares of native habitat for the road began last week, prompting protests from members of the local community who have said the impact on the critically endangered western ringtail possum would be too great.
At least five people were arrested for trespassing onto the site and locking themselves on to machinery and trees.
The court was told about 72 critically endangered western ringtail possums could perish as a result of the clearing and the road fragmenting their habitat.
During the court hearing, lawyers for the Friends of the Gelorup Corridor group attempted to pick holes in the ministerial approvals process.
Justice Colvin acknowledged the opponents to the project were concerned the damage to western ringtail possums, Carnaby’s black cockatoos and black strip-minnow would be too great if the project went ahead.
“It is difficult because of competing priorities,” he said.
But he said it was not for the court to decide on the merits of the environmental conditions for the project.
Justice Colvin noted the WA Solicitor General’s argument that delay to the project would be costly, and that work had been done to limit impact on possums, and there was evidence the possums would ‘relocate.’
Local group ‘devastated’ by ruling
The Gelorup group behind the legal action released a statement within minutes of the court’s decision, saying the group was “devastated” but would continue to fight.
A person wearing a giant possum costume at a July rally against the Bunbury Outer Ring Road.(ABC South West: Sam Bold)
“Our community has been strengthened and splintered by this action, and the enormous distress of watching our 400-year-old trees shredded through a woodchipper will now recommence,” the statement read.
It said the assertion impacts to the wildlife could be managed were “brutally wrong”.
“The federal minister still has it within her power, particularly in the light of this devastating news so early into the project, to halt all works and reassess. We hope she finds the will power to action this today.”
Space to play or pause, M to mute, left and right arrows to seek, up and down arrows for volume.
A Federal Court injunction that halted the construction of a contentious $1.25 billion highway in Western Australia’s south has been extended, as an environmental legal challenge gets underway.
Key points:
At $1.2 billion, the road is WA’s most expensive
A last minute environmental challenge has been mounted in court
A halt on construction has been extended as proceedings enter a second day
Bulldozers began clearing bushland for the final leg of the Bunbury Outer Ring Road last week but work suddenly stopped on Friday afternoon when a local environmental group mounted a legal challenge, and an injunction was enforced.
Opponents say the road’s environmental and social impact is too great, but both the state and federal governments say the risks can be managed.
In the first day of proceedings, Justice Craig Colvin heard arguments for and against Environment Minister Tanya Plibersek’s approval of the project in late June.
Justice Colvin ordered a pause on construction must remain until midday tomorrow as the case enters its second day.
Possum species ‘might vanish’
Lawyer Angel Aleksov, representing the Friends of the Gelorup Corridor group, put forward a series of legal arguments he said proved the ministerial approval of the project had been unlawful.
That included a claim that much of the environmental mitigation plan the project’s approval rested on would not occur until much later.
He said by that stage, it would be too late for animals such as the critically endangered western ringtail possum, which “might vanish from this earth.”
Western ringtail possums are only found in pockets of WA’s south west.(Supplied: GeoCatch )
Mr Aleksov claimed Main Roads WA was working on an assumption that 9,000 western ringtail possums remained in the region but that “Wikipedia” showed there could be as few as 3,000 possums left.
I have conceded delaying the project was costly but said the cost “does not outweigh risk to species that might leave this earth”.
It was revealed in court the project had already been delayed from April to August, at a cost of up to $10 million.
“There are large financial ramifications, but there are very, very large environmental consequences,” Mr Aleksov said.
Lawyers argue all procedures followed
Both the Solicitor General of WA, Joshua Thomson, and Commonwealth lawyer Emrys Nekvapil argued all procedures had been followed and every measure taken to mitigate environmental damage.
Mr Thomson argued the Friends of Gelorup Corridor’s legal argument was not strong enough to grant an injunction.
“If so…why was it overlooked until this time?” he said.
The northern section of the Bunbury Outer Ring Road largely passes through cleared farmland.(ABC South West: Anthony Pancia)
Mr Thomson said if the project was stalled now, it would have to be delayed another seven months, due to the western ringtail possums’ breeding patterns.
He said there were major benefits to the completion of the Bunbury Outer Ring Road, including separation of freight and local traffic and economic benefits to the entire region.
“This must be weighed against bringing [the project] to a shuddering halt for seven months,” he said.
He said three western ringtail possums had been found dead due to predation during the past weeks’ clearing.
A tree taped off within the Gelorup road reserve that is marked for clearing to make way for the highway.(ABC South West: Asha Couch)
Mr Thomson said there were very strong steps in place to project animals including fauna spotters on site and GPS collars tracking the locations of possums at all times.
Mr Emrys Nekvapil, acting for the Ms Plibersek’s office, said there was “not a serious question to be tried”.
He said the plan to ameliorate or mitigate the impact on the environment was completely orthodox.
Justice Craig Colvin ordered court resume at 9.30am WST on Tuesday.
Bunbury bypass ‘not Roe 8’
Opponents of the road had likened its construction through the Gelorup corridor to the aborted Roe 8 highway project in Perth.
Land clearing for the six-lane freeway through the Beeliar wetlands had well progressed in the lead-up to the 2017 WA election.
The McGowan government had campaigned on canceling the $1.9 billion project, which they did almost immediately after winning the election.
Amid a large amount of community opposition, the McGowan government campaigned on canceling the Roe Highway extension which traversed the Beeliar Wetlands.(Supplied: Main Roads WA)
But speaking ahead of today’s hearing, Premier Mark McGowan said it was an incorrect comparison to make.
“They’re very different projects. Roe 8 and Roe 9 weren’t really necessary because the port was going to fill,” Mr McGowan said.
“Whereas a road around Bunbury will just save many lives and ensure that people’s commute between the south west and the city is much more efficient and quick.”
Mark McGowan said his government was committed to building the road.(ABC News: James Carmody)
Mr McGowan defended the project’s environmental merits.
“Look, it’s been through two rounds of environmental approvals,” he said.
“We’ve done everything we can to ameliorate the environmental impacts by offsets and other plantings and fauna initiatives costing many millions of dollars.
“I understand people’s concerns. We just want to get on and complete this project.”
Concerns for community, environment
The southern section of the road, which involves the clearing of 71 hectares of native vegetation, has received full state and federal environmental approvals.
Clearing on the southern section of the Bunbury Outer Ring Road was stopped after five days due to the court injunction.(ABC South West: Anthony Pancia)
In May, Environment Minister Reece Whitby said it was clear the proposal would have a long-term impact on the local environment, and noted the “uncertainty” as to whether the Gelorup population of western ringtail possums could recover in 10 or 15 years.
“It is accepted that 72 [western ringtail possums] will be lost from the area due to the permanent loss of habitat,” he said.
He said that environmental offsets to counterbalance the loss of habitat would include acquisition of land and revegetating other areas, including in nearby state forest.
The road has garnered bitter debate in the south west, with locals expressing concern it will split the suburb of Gelorup in two.
Main Roads has long said that the chosen route has the least environmental impact, compared to other options.
An 11th hour Federal Court injunction has temporarily halted the construction of a contentious major highway project in Western Australia.
Key points:
The Bunbury Outer Ring Road is WA’s most expensive ever road project
Work to clear land for the road began this week, amid protests
But an 11th hour Federal Court injunction has temporarily halted work
Clearing of bushland to make way for the $1.25 billion Bunbury Outer Ring Road began this week to a chorus of backlash from local community members who say the highway will cause irreversible environmental damage.
The injunction issued late on Friday by the Federal Court of Australia prevents Main Roads and its contractors from conducting any more clearing work on the southern section of the road through the semi-rural community of Gelorup.
Clearing of the land, which sits on a 40-year-old road reserve, began on Monday following a visit to the site by former Greens leader Bob Brown.
Opponents had been campaigning for Federal Environment Minister Tanya Plibersek to reverse her decision to sign off on environmental approvals, paving the way for construction to begin.
The Bunbury Outer Ring Road has cleared all environmental hurdles at a state and federal level.
The court order is in place until a scheduled hearing on Monday afternoon.
The injunction does not prevent work from continuing on the northern section, which has been under construction for months.
Main Roads would not comment on the injunction, other than to confirm work at the site had stopped until the court hearing.
Dr Sue Chapman is the vice president of local action group Friends of Gelorup Corridor.(ABC South West: Sam Bold)
Sue Chapman — a local resident whose name is on the court application — said it was a big win for the community.
“We are just so relieved, it’s been the most traumatic week watching the beautiful trees, just simply bulldozed, and wood chipped immediately,” Dr Chapman said.
“To finally feel like there’s a sense of reprieve. It’s just been overwhelming.”
premier backs road
Earlier this week, Premier Mark McGowan said his government would be building the road and the route had been planned for decades.
“The Bunbury Outer Ring Road is designed to save lives and to reduce the pressure on traffic going through Bunbury,” Mr McGowan said.
“It’s been in the plans for the South West for [more than] 30 years. Whichever route you choose, there would be some clearing.
“It’s designed to make life much better for people in the South West. We’ve actually done Bussell Highway as well — which lots of people were dying on as well — in addition to that project.
“So look, that’s the plan. We actually got full environmental approval, the whole range of offsets, that’s replantings, preserving possum habitat and the like.”
A map of showing the route of the southern section of the Bunbury Outer Ring Road.(ABC South West: Asha Couch)
WA Police said there had been very little enforcement required to maintain order at the construction site, despite several protesters being removed for trespassing.
Since Monday when land clearing began, there have been five arrests for trespass, four move-on notices issued and one court summons.
Main Roads said it understood there were a lot of emotions at play, and the community had a right to peacefully protest.
But it said it would call police when people accessed the construction site without authorization and put workers’ safety at risk.
Construction of the northern section of the road is well underway.(Supplied: Nearmap)
A WA Police spokesperson says “engagement has been very positive between protesters and police, including those who have removed themselves from machinery or trees when requested.
“We support any person who wants to protest as long as it is done lawfully and in an orderly manner.”
Residents opposed to a major highway being built through a community in WA’s South West have protested as bulldozers move in, with police intervening as people tried to block machinery.
Key points:
Protesters have disrupted the first day of clearing at the Bunbury Outer Ring Road
Former Greens leader Bob Brown rallied at the site, calling for work to be halted
The $1.25 billion Bunbury Outer Ring Road is WA’s most expensive ever highway
The $1.25 billion Bunbury Outer Ring Road will take traffic around WA’s second-biggest city to create a more direct route between Perth and the Margaret River tourist region.
After a lengthy environmental approvals process, fences were this month erected around a decades-old road reserve cutting through the semi-rural community of Gelorup.
More than 300 people gathered on Sunday afternoon to protest the road going through their suburb, which they say will devastate the local environment.
People protest the construction of the southern section of the road through their semi-rural community.(ABC South West: Ellie Honeybone)
This morning, bulldozers and excavators were on stand-by, with about 20 people turning up in the middle of a severe weather warning to protest.
At least one person was issued a move-on notice by police after refusing to move out of the way of machinery.
Bob Brown calls for road rethink
Former Greens leader Bob Brown addressed the crowd gathered on Sunday, calling for federal Environment Minister Tanya Plibersek to reverse her decision to clear the 200 hectares of woodlands.
Bob Brown urged construction work to be halted.(ABC South West: Sam Bold)
“This is an absolute utter disgrace if this goes ahead,” Mr Brown said.
“There’s alternatives, there’s open cleared areas where the proposed road could go but there’s no alternative to this woodland for these rare creatures that live in it.”
Mr Brown drew a link between the Minister’s National Press Club speech in which she detailed the degradation of Australia’s natural environment, due in part to sustained land clearing.
More western ringtail possums were surveyed in the road reserve than originally thought.(ABC South West: Sam Bold)
“You’re off to a bad start … and if you don’t get this right, if you don’t turn this around — like the possums in the way of the bulldozers — you won’t recover.”
WA’s Main Roads agency had considered an alternative route that would take the highway around Gelorup.
An environmental impact assessment found that while the original route would have a higher impact on the western ringtail possum, the alternative option would significantly impact on wetlands and endangered aquatic fauna.
Residents have vowed to keep fighting as the excavators move in.(ABC South West: Sam Bold)
Ms Plibersek said in a statement her approval required Main Roads to show it could “protect matters of national environmental significance” and “minimise the impacts of habitat fragmentation.”
She said an environmental offset strategy was also being prepared.
‘Rigorous’ environmental approvals
Main Roads WA has been bound by a strict set of environmental conditions to minimize impacts on the local flora and fauna — including the endangered Carnaby’s black cockatoo and western ringtail possum.
The road corridor has been preserved for more than 40 years and contains dense bushland.(ABC South West: Anthony Pancia)
A Department of Environment spokesperson described the process as “rigorous”.
The road being built is a significantly reduced version of the freeway-standard route initially planned.
A total of $852 million was budgeted for the Bunbury Outer Ring Road when it was announced in 2019, however, it was revealed earlier this year that figure had blown out to $1.25 billion.
A kangaroo within the road reserve set to be cleared over the next few weeks.(ABC South West: Asha Couch)
Despite that, four bridges that would have carried traffic over existing major roads have been abolished from the plans in order to save money in the face of rising construction and material costs.
It meant a promised 15-minute time-saving on the journey around Bunbury had been abandoned, as had the promise of a free-flowing freeway, with motorists instead having to negotiate roundabouts at key intersections.
Fences were installed around the road reserve in the past week.(ABC South West: Anthony Pancia)
Further cash injections had also not been ruled out, with the WA government’s upper house leader Sue Ellery telling parliament in May that additional funding would be sought if it were needed to deliver the project.
Main Roads said the road is set to be completed and opened to traffic by late 2024.
Construction is already well advanced on the northern section of the road.(Supplied: Nearmap)
Residents opposed to a major highway being built through a community in WA’s South West have protested as bulldozers move in, with police intervening as people tried to block machinery.
Key points:
Protesters have disrupted the first day of clearing at the Bunbury Outer Ring Road
Former Greens leader Bob Brown rallied at the site, calling for work to be halted
The $1.25 billion Bunbury Outer Ring Road is WA’s most expensive ever highway
The $1.25 billion Bunbury Outer Ring Road will take traffic around WA’s second-biggest city to create a more direct route between Perth and the Margaret River tourist region.
After a lengthy environmental approvals process, fences were this month erected around a decades-old road reserve cutting through the semi-rural community of Gelorup.
More than 300 people gathered on Sunday afternoon to protest the road going through their suburb, which they say will devastate the local environment.
People protest the construction of the southern section of the road through their semi-rural community.(ABC South West: Ellie Honeybone)
This morning, bulldozers and excavators were on stand-by, with about 20 people turning up in the middle of a severe weather warning to protest.
At least one person was issued a move-on notice by police after refusing to move out of the way of machinery.
Bob Brown calls for road rethink
Former Greens leader Bob Brown addressed the crowd gathered on Sunday, calling for federal Environment Minister Tanya Plibersek to reverse her decision to clear the 200 hectares of woodlands.
Bob Brown urged construction work to be halted.(ABC South West: Sam Bold)
“This is an absolute utter disgrace if this goes ahead,” Mr Brown said.
“There’s alternatives, there’s open cleared areas where the proposed road could go but there’s no alternative to this woodland for these rare creatures that live in it.”
Mr Brown drew a link between the Minister’s National Press Club speech in which she detailed the degradation of Australia’s natural environment, due in part to sustained land clearing.
More western ringtail possums were surveyed in the road reserve than originally thought.(ABC South West: Sam Bold)
“You’re off to a bad start … and if you don’t get this right, if you don’t turn this around — like the possums in the way of the bulldozers — you won’t recover.”
WA’s Main Roads agency had considered an alternative route that would take the highway around Gelorup.
An environmental impact assessment found that while the original route would have a higher impact on the western ringtail possum, the alternative option would significantly impact on wetlands and endangered aquatic fauna.
Residents have vowed to keep fighting as the excavators move in.(ABC South West: Sam Bold)
Ms Plibersek said in a statement her approval required Main Roads to show it could “protect matters of national environmental significance” and “minimise the impacts of habitat fragmentation.”
She said an environmental offset strategy was also being prepared.
‘Rigorous’ environmental approvals
Main Roads WA has been bound by a strict set of environmental conditions to minimize impacts on the local flora and fauna — including the endangered Carnaby’s black cockatoo and western ringtail possum.
The road corridor has been preserved for more than 40 years and contains dense bushland.(ABC South West: Anthony Pancia)
A Department of Environment spokesperson described the process as “rigorous”.
The road being built is a significantly reduced version of the freeway-standard route initially planned.
A total of $852 million was budgeted for the Bunbury Outer Ring Road when it was announced in 2019, however, it was revealed earlier this year that figure had blown out to $1.25 billion.
A kangaroo within the road reserve set to be cleared over the next few weeks.(ABC South West: Asha Couch)
Despite that, four bridges that would have carried traffic over existing major roads have been abolished from the plans in order to save money in the face of rising construction and material costs.
It meant a promised 15-minute time-saving on the journey around Bunbury had been abandoned, as had the promise of a free-flowing freeway, with motorists instead having to negotiate roundabouts at key intersections.
Fences were installed around the road reserve in the past week.(ABC South West: Anthony Pancia)
Further cash injections had also not been ruled out, with the WA government’s upper house leader Sue Ellery telling parliament in May that additional funding would be sought if it were needed to deliver the project.
Main Roads said the road is set to be completed and opened to traffic by late 2024.
Construction is already well advanced on the northern section of the road.(Supplied: Nearmap)
