A LAWYER for environmental and Indigenous groups opposed to the planned Western Highway bypass has lodged an emergency application to protect a tree they believe is threatened by construction works.
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The applicants, represented by lawyer Michael Kennedy, believe the tree to be at least 400-years-old, protected under two Federal Acts, and significant to Indigenous people.
The tree is situated along the border of an agreed section where Major Road Projects Victoria can carry out works, between Dobie Rd and Langi Ghiran Picnic Ground Road.
In October Major Road Projects Victoria and the applicants reached an agreement that works could carry out within the 3.85-kilometre section.
KORS Inc is one environmental group that is campaigning against the current highway plan and for a different route to be used.
"(The tree is within) a No Go Zone established by a Threatened Species Management Plan dated May 2014 which was imposed by the Federal Minister for Environment," spokeswoman Rosemary Bates said.
Mr Kennedy said it also falls within an area declared protected under the federal Environment and Biodiversity Conservation Act.
Major Road Projects Victoria did not comment on that tree in particular but did confirm about 80 trees of varying sizes have been removed in ongoing works.
"Major Road Projects Victoria is continuing major works on the 3.85 kilometre section of the upgrade as agreed with representatives of the protest group, which includes some tree removal and trimming," a spokeswoman said.
"We know the community in Victoria's west wants us to balance the impact on the local environment with the need to deliver this vital project, and that's exactly what we're doing."
The Ararat Advertiser also asked Major Road Projects Victoria the following questions but they were not addressed in the response received:
- How many of those (trees removed so far) were classified as large old trees?
- Can you clarify whether or not the large old redgum tree that straddles the defined works area will be removed or not? Has it been assessed for age and if so, what is its age believed to be?
-Ararat Advertiser
