Victoria’s Western Highway upgrade to resume works following court battle against protesters

The state government has been given the green light to resume works on the Western Hwy upgrade, insisting local indigenous members have approved the altered plans.

The Western Hwy upgrade is set to resume after being given the green light by the federal court, Picture: Nicole Garmston

A Federal Court deal has paved the way for works to resume on the $157 million Western Highway upgrade.

Protesters camped at the site of the planned upgrade have been blocking the duplication, arguing that it would removed trees that are culturally significant to indigenous people.

But the government insists two groups that represent the local Aboriginal community, who known as the Djab Wurrung people, have ticked off on an altered route that bypasses an ancient “birthing tree”.

Work is resuming on the Western Highway in the state's northwest. Picture: Nicole Garmston

Protesters against the route of the Western Highway upgrade near Ararat gather at Parliament House in Victoria. Aboriginal people from the Djab Wurrung community say the route will remove culturally significant trees.

An agreement reached in the Federal Court will allow for some works to begin on the road upgrade, which is in a section of the highway between Buangor and Ararat where 11 fatalities have occurred since 2013.

But the substantive works — including in the contested area — won’t begin until an appeal on heritage protection of trees by protesters has been heard.

Major Road Projects Victoria agreed that it would only start works on a 3.8km stretch of the duplication, while those who applied for heritage listing of the trees “agreed to make reasonable efforts to direct and encourage protesters on the site not to interfere with these works”.

Victorian Minister for infrastructure Jacinta Allan AAP Image/James Ross

In February, the Andrews Government shifted the road route from its original design to protect 13 trees, at significant extra cost.

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However, some protesters said this was not enough and wanted a further alteration.

Transport Infrastructure Jacinta Allan said: “I am pleased works can get underway on a section of this project so we can get on with this urgently needed safety upgrade”.

Works area expected to begin within days.

“Even though the two registered groups that represent the Djab Wurrung people have formally approved the project, we have entered into this agreement as a show of good faith with the protesters,” Ms Allan said.

“We have entered into this agreement as a show of good faith with the project opponents but it is now time to let MRPV get on with this work as agreed.”

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