The state government has warned any delay to the $1.25 billion Bunbury Outer Ring Road could cost more than $10 million, as it fights an 11th-hour stop work order over environmental risks.
The state government has warned any delay to the $1.25 billion Bunbury Outer Ring Road could cost more than $10 million, as it fights an 11th-hour stop work order issued over environmental concerns.
The Friends of the Gelorup Corridor brought work on the southern arm of the road to a grinding halt on Friday, after gaining a temporary injunction issued by the Federal Court.
Under the order, issued by Justice Craig Colvin, Main Roads workers and contractors at the site are restrained from undertaking any work until further notice.
The Friends of the Gelorup Corridor have spent years lobbying against Main Roads’ plan to clear more than 60 hectares of land and build a 10.5-kilometre dual carriageway bisecting the suburb of Gelorup.
The group insists the government has not adequately assessed the road's environmental impact and the risk posed to threatened species, including the Western Ringtail Possum and the black cockatoo.
In a federal court hearing this afternoon, the FOTGC's lawyer Angel Aleksov argued the splitting of the approval of the project and the environmental management plans that approval hinged on between the minister and a delegate was "legally impermissible".
“This approval was granted by two people - the minister and a delegate - it's fragmented,” Mr Aleksov said.
“The delegate would need to have regard to the entirety of material before making a decision, and this information is voluminous, running into the thousands of pages.
“The existence of the Western Ringtail Possum and Cockatoo are the very reason the project requires approval under Commonwealth law.
“The plan is the mechanism by which the impact on those threatened species is to be ameliorated.
“The whole heart of this decision was kicked down the road and left to a delegate to decide.
"The proper inference is that the totality of the substantive issue that fell for decision was left to a delegate.
“There are large financial ramifications and environmental consequences, but this does not outweigh the risks to a species that may leave this earth.”
But Main Roads’ lawyer Joshua Thomson refuted the claims, telling the court the state government had undertaken extensive community consultation, including surveys of flora and fauna, and that the approval of the management plans was standard practice.
He warned any delay to the project could cost the state more than $10 million and extend for seven months, telling the court the breeding season for the Western Ringtail Possum was set to begin in a matter of weeks.
“This is a very expensive project of significant community benefit,” he said.
“The management plans have been approved and there is nothing wrong with them.
“Alternative routes have been considered and discarded.
“This is a very last minute application that could lead to a seven-month delay, with the breeding season imminent, and the offer of a quick trial is of no help whatsoever if the breeding season commences then.
“The strength of the legal argument must be balanced against the consequences for this project of significance.”
The court hearing has been adjourned until tomorrow morning, with the stop work orders extended until noon.
The lawsuit comes just days after protestors collided with Main Roads workers as clearing got underway, with several people arrested for trespassing.
The plan forms a crucial part of the state government project, which has recently blown out to more than $1.2 billion - almost double initial projections.
Despite this, it received the final tick of approval back in June, with Ms Plibersek declaring the project was fit to proceed.
That followed Environment Minister Reece Whitby's commitment to strengthen the conditions placed on the project by the EPA, following a probe by the Office of the Appeals Convenor.
The vast majority of the 170 appellants claimed the EPA’s conditions were inadequate and would not counterbalance the impacts of the plan.
The Appeals Convenor agreed.
As a result, the minister strengthened conditions governing the protection of fauna and increased the clearing offset by 42.1 hectares.
But the Friends of the Gelorup Corridor are pushing for the government to abandon the southern portion of the plan completely, insisting it should explore alternate routes.
