Major Roads Projects Victoria said work recommenced on the approved alignment on September 29, 2020 and there had been a number of interactions between project opponents and police since then, including several arrests.

The Government body also said in May 2019, following consultation with the Registered Aboriginal Party (Eastern Maar), changes were made to the design of the road to protect 16 trees of significance including two trees some members of the Aboriginal community refer to as birthing trees. Eastern Maar announced that "these trees are now protected, and the road can go ahead".

A spokesperson said MRPV had continuously respected all approval processes as they get on with building "this much needed project".

Unauthorised persons are not permitted in restricted access areas and were required to leave.

Major Roads Projects Victoria said none of the trees that the Traditional Owners representing the Djab Wurrung people have asked us to protect will be removed as part of the project.

Eastern Maar is the formally recognised Traditional Owner group that represents Djab Wurrung people and MRPV continues to respect their cultural authority to speak for Djab Wurrung country.

Eastern Maar Aboriginal Corporation said its significant advocacy resulted in a reassessment and realignment of the Western Highway duplication project.

In a statement the representative organisation said the realignment saved 16 trees that were identified as culturally significant.

"This includes two identified birthing trees, as well as other trees of significance, such as the 'marker', 'directions' and 'grandmother' trees," their statement read.

"Over several years, EMAC fought an exhaustive battle to save culturally significant trees, to the extent possible given our statutory limitations.

"On Monday afternoon, the removal of a towering fiddleback tree - felled in preparation for the highway's expansion - made headlines.

"Despite its age and majesty, extensive re-assessments did not reveal any characteristics consistent with cultural modification. It did not appear to have been altered by our peoples for usage in our cultural traditions.

"Independent arborists have indicated that the tree in question is "highly unlikely" to pre-date European occupation.

"Despite not having statutory authority until February this year, EMAC raised community concerns with MRPV directly. We were told a viable engineering solution could not be applied to the fiddle back tree.

"EMAC had limited influence to stop the felling of the fiddle back tree - a Cultural Heritage Management Plan (CHMP) had already been authorised prior to us being awarded statutory authority. It is this CHMP that the highway duplication project continues to operate under.

"EMAC continue to advocate for Country. We take our role as the inherent rights holders of our ancestral estate seriously. However, we can only use the tools available to us."

Eastern Maar Aboriginal Corporation stated it would not be making further comment on this matter.

EARLIER, 1pm:

Police are still negotiating with one protester who remains in a tree at the Western Highway protest camp on Wednesday morning.

Overnight, three people were arrested for earlier obstructing police at the site of the protest charged with offences including intentionally obstructing an emergency service worker on duty, refusing to leave a restricted access area and failing to comply with the Chief Health Officers directions.

All three people were bailed to reappear at Ararat Magistrates Court at a later date.

There were two protesters remaining in a tree on Wednesday morning, one since being arrested and taken to the Ararat Police Station.

Victoria's Supreme Court ordered works to stop on the Western Highway duplication on Tuesday evening.

The latest arrests are a result of a police operation where more than 50 people were arrested as police removed protesters and camps along the Western Highway duplication route.

READ HOW TUESDAY UNFOLDED HERE

Victoria Police had a "dedicated" presence at the Western Highway protest camps on Monday.

More to come.

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