Andrews Government has backflipped over a controversial upgrade to the Western Highway

The Andrews government will end a long-running legal battle with protesters who want the upgrade Western Highway spiked.

The Andrews government has backflipped over a controversial upgrade to the Western Highway which was met with heavy protest.

The Andrews government has backflipped over a controversial upgrade to the Western Highway amid fresh concerns a $1m agreement with VicRoads in relation to the project was not above board.

The Herald Sun can reveal the government has moved to end the long-running legal battle with protesters who want the project spiked.

The group, some of whom are known as the Djab Wurrung Embassy, have protested along the highway between Buangor and Ararat since the middle of 2018 in a bid to alter the planned duplication works.

They have asked authorities not to proceed with the route because they believe it will fell birthing trees and destroy other sites culturally significant to Aboriginal Victorians.

The government has sought to push on with the project, citing its own consultation process with traditional owners, changes to original designs and road safety needs.

The group have been protesting along the highway between Buangor and Ararat since the middle of 2018

The dispute has also been the subject of a Supreme Court battle to have works halted.

But this week officials from the Department of Transport backed down and told the court they wanted to reset ­discussions.

They will meet with the traditional owners group, Eastern Maar Aboriginal Corporation, to work on a new Cultural Heritage Management Plan for the land.

The department is also in trouble after the discovery of documents that will raise serious concerns about the way VicRoads set up the project.

Officials have found fresh evidence that the road authority was negotiating a $1m Credit Trading Agreement with Martang, the first Aboriginal corporation responsible for the land, while at the same time asking for approval to build the upgrade.

Trees along the route of the Western Highway upgrade.

Details of the potential conflict of interest have been provided to the Supreme Court and to Victorian Ombudsman Deborah Glass. Ms Glass published a report into the project in July 2020 but may reopen the investigation to consider the new evidence.

A government spokeswoman said that over the past decade there had been 152 crashes on the Western Highway ­between Ballarat and Stawell, including 18 deaths.

“It has become clear that the interests of all parties, in our view, are not met by the continuation of protracted, costly and legally complex litigation,” she said.

“To that end we have indicated to the court that the state will seek to enter into a new CHMP with the current Registered Aboriginal Party for the Project.”