Protest group Save Wallum cheers court stop work order on Wallum development site at Brunswick Heads in Byron Shire
A Byron Shire protest group has shed “tears of joy” after a fateful Federal Court decision. But a developer has hit back and says claims are “without merit”.
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Protest group Save Wallum has shed “tears of joy” after a stop work injunction was placed on the Wallum development site at Brunswick Heads in the Byron Shire by the Federal Court.
It comes as the developer of the ecologically sensitive Brunswick Heads housing site ramped up security following the arrest of another protester in late-June.
Save Wallum announced on Friday it had been granted the injunction, which was lodged in the Federal Court of Australia by Barrister Jonathan Korman and approved by Justice Raper in Sydney about 7pm on Thursday.
“Tears of joy and relief streamed across the Byron Shire last night,” according to a Save Wallum statement.
The order means Clarence Property Group cannot currently continue work on the 15 Torakina Rd site until further hearings and a determination.
Justice Raper heard evidence there had been sightings of the rare Wallum Sedge Frog adjacent to proposed excavation works, placing their habitat at risk.
Save Wallum spokesperson Svea Pitman said the injunction came as a “huge relief”.
“It has been an incredibly long journey and huge amount of volunteer work to get to court,” she said.
“We are ecstatic … this rare coastal wetland and old growth trees are protected while the case is run now in the Federal court.”
Clarence Property responded it was defending the civil action.
CEO Simon Kennedy said: “We are of the view that the claims of the activists are without merit and we were pleased the court orders support our right to continue with some of the ecological works we’ve got planned for the coming weeks while we wait for the matter to be considered further.”
“We were disappointed that the matter wasn’t thrown out completely and would like to be able to do more at the site than we’re able to, however this is a legal matter now and we respect the courts position and will work through the process as we’ve done with all of our government approvals to date,” he said in a statement.
“For now, we’re looking forward to our contractors being able to gain safe access to the site as supported by the court and we hope the activists respect the court process as well. If not we’ll continue to work with police to resolve any illegal activity.”
The matter will be heard again in the court on July 9.
This comes as the developer was hit by constant protest activity since the project was given the green light by the Northern Regional Planning Panel in May last year. Approvals were also given by Byron Shire Council to clear about 40 per cent of the site in February this year.
Various protesters were arrested and faced court, but charges were largely dismissed and Clarence Property CEO Simon Kennedy subsequently called for tougher penalties.
Amid the protests, Suffolk Park woman Angela Banovic, 42, was charged with entering enclosed non-agricultural lands and interfering and entering enclosed land without a lawful excuse. She had not entered any pleas in mid-June.
NSW Greens MP and former CEO of the Environmental Defenders Office Sue Higginson described the arrest of Ms Banovic “at her home, in her pyjamas” as an “appalling use of police resources”.
Ex-northern NSW magistrate David Heilpern also slammed the arrests as “unnecessary” and alleged they could have come at the “developer’s bidding”.
Ms Higginson MLC said the Federal Court decision was “brilliant news”.
“I can’t believe how hard the community is working, standing up to the environmental injustice and political failure that is the Wallum development,” she said.
“Wonderful people through their connection to country, culture and each other standing up each day with courage in love is actioning hope.
“An injunction is a significant, but interim reprieve.”
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