We lost our Supreme Court case challenging the validity of VicRoads’ Environment Effects Statement for the Western Highway and the Planning Minister’s approval of that “flawed” EES. It has been judged to be legal to present to the Minister a flawed and deficient EES and it is legal for the Minister to make a project approval based on the EES material put in front of him/her, apparently regardless of its quality.

An application for leave to appeal against the judgement in the Supreme Court on 4 June 2020 has been filed in the Court of Appeal last week. Based on legal advice, the application argues there are errors of law in the judgement, as well as challenging a decision by the judge to rule that several significant environmental reports, including one commissioned by VicRoads, all of which found significant errors and omissions in the 2012 Environmental Effects Statement prepared for VicRoads, were not relevant. All these reports found significant errors and omissions in the 2012 Environmental Effects Statement prepared for VicRoads.

After 4 years of gathering information, challenging reports, examining Ministerial statements, studying maps and road designs we know we have struck a nerve, despite our case being dismissed.

It is time for an independent, open review of route options. To see if we are right!!

There is strong evidence the highway does not need to deviate through 5.7km’s of hills, valleys, boulders, protected flora and fauna and culturally sensitive land. The MRPV route, Option 1, was drawn up by VicRoads 10 years ago and retained as an option in a “rapid assessment process” which failed to correctly address planning law guidelines and did not give enough importance to rare remnants, and aboriginal cultural heritage including significant large old trees. The MRPV reports show MRPV is not considering seriously climate change, habitat extinction and respect for culture.

With minimal design effort, a route shadowing the existing highway can be designed for 2 carriageways at the standard width, using the power easement to significantly decrease Large Old Tree removal. 

                          Evidence of a Flawed Process  

                               Option 1:   a reminder

• Destroys 4 times as many – around 90 - Large Old Trees
• destroys around 50 hectares of highly productive land
• is more expensive 
• and will take longer to construct, and is
• less safe to construct due to all the extra activity and live traffic contact

You are receiving this update because you have shown support for an alternative to the MRPV Option 1 Route and our campaign. Now is the time to show that support and get involved. Talk up a Route review, contact influencers in your community and contact us to let us know we have your support.    fixfreewayfiasco@gmail.com

Everything you need to know about our campaign can be seen at www.fixfreewayfiasco.org

Donations can be made at: 

gofundme.com/f/Don039t-route-around-Duplicate-the-highway 

 Make your opinions of the delays and poor route selection process known. It is most effective and efficient to telephone as all telephone calls are recorded (and can’t be consigned to the waste bin.

 Premier Daniel Andrews on (03) 9651 5000 or e-mail  daniel.andrews@parliament.vic.gov.au. 

Transport Infrastructure Minister Jacinta Allan on 03 8392 6100 

 e-mail  jacinta.allan@parliament.vic.gov.au 

Write a letter to the Editor of your local paper, ring your local counsellor or your local member of Parliament. 

 Please join us once more to stand up and speak out.

An independent and open Route Review could bring an end to the protests and delays and get the Highway Upgrade happening..

We are waiting for Environment Minister, Sussan Ley’s decision on whether or not to protect the 

Dabwurrung trees and surrounding area. Submissions have been made to Minister Ley. Contact has been made with the Minister for Indigenous Australians, Ken Wyatt to engage with Senator Ley and with the Leader of the Greens, Adam Bandt’s office and each parliamentary Greens’ senator in the past week.

Why a Government would want to reject a well-founded request from Aboriginal women for 50 hectares of land protection when an alternative is available is disconcerting. It is not consistent with Treaty and respect, nor with reason. 

in support of the Djabwurrung claim

Please telephone     Federal Environment Minister Sussan Ley  

 Ph: (02) 6277 7920 (first and easiest priority) or

 email to sussan.ley.mp@aph.gov.au.