THE controversial Buangor to Ararat stretch of the Western Highway has been given the green light.
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Protesters had claimed two trees, which are both located at Buangor along the proposed highway duplication, were Aboriginal birthing trees.
But an independent report from Aboriginal Victoria found the trees were not considered to be culturally significant.
The ruling means there are now no culturally significant trees along the alignment route, so VicRoads will not be required to redesign the road.
Western Highway project director Nigel Powers said in a statement the project would move ahead.
“Our key priority is to deliver this much-needed duplication, to support communities and the regional economy across Western Victoria,” he said.
“Aboriginal Victoria had completed its investigation of possible birthing trees on the alignment for the duplication and found they were not culturally significant and were therefore not considered to be Aboriginal places as defined by the Aboriginal Heritage Act 2006."
Issues have continued to plague the project, which is worth $675 million.
Works ground to a halt in February when construction permits for the road duplication lapsed.
VicRoads made a request to Planning Minister Richard Wynne last week to amend a planning scheme.
This request would approve the new incorporated document outlining the entire project in order for construction to begin again.
The ruling comes after a case in the Supreme Court between VicRoads and Buangor landowner MairiAnne Mackenzie was adjourned on Thursday.
Michael Kennedy, acting on behalf of Ms Mackenzie, filed for an injunction in December for work on the project to stop while the case was ongoing.
That push was dismissed.
Mr Kennedy said his client had put forward an alternative northern route for the road.
He said Ms Mackenzie was disputing the claim from Aboriginal Victoria that the trees were not of cultural significance.
“We want to put every pressure on Minister Wynne to not just rubber stamp what has been put in front of him by VicRoads and Roads Minister (Luke) Donnellan,” Mr Kennedy said.
“We are disputing the decision by Aboriginal Victoria and we’re asking them to reconsider it.”
The complainants also want the matter put before an independent panel to make a final ruling on whether the project should go ahead in its current format.
