Concerned landowner MairiAnne Mackenzie, who will have part of her land acquired through the project, is seeking to halt the works on a section of a 12.5-kilometre stretch between Buangor and Ararat. 

She believes it will cause significant environmental damage and has not been adequately identified in VicRoads’ environmental effects statement.

Ms Mackenzie’s legal counsel Michael Kennedy said the planning permit for section two of the works expired in 2015, meaning no extra work could be started until a new permit is granted. 

“Until that planning permit is extended, which requires the involvement of the Ararat Regional Shire Council, the removal of vegetation and construction works contemplated to be started in late February 2017 for Section 2B cannot be started,” Mr Kennedy said.

“If they are not started now, the onset of Autumn and Winter will delay the whole construction schedule.”

Mr Kennedy said a claimed rare Aboriginal birthing tree, which neighbours Ms Mackenzie’s property, further highlighted the problems with the environmental effects statement. 

VicRoads admitted in 2015 a surveying error led to the destruction of 900 large old trees instead of the approved 221.

“We believe the opportunity now exists for the Minister for Planning to call for a fresh review of the original decision, taking into account the changed circumstances caused by the several environmental reports commissioned by MairiAnne Mackenzie and an independent report commissioned by VicRoads,” Mr Kennedy said.

“In addition, we believe the Cultural Heritage assessment done as part of the EES is also flawed as it failed to reveal the sacred sites recently identified and now being processed as Birthing Trees.”

A spokesman for roads minister Luke Donnellan said the minister is aware of a request to protect a tree within the highway alignment. He said there was a rigorous process to identify issues of cultural significance.