Thursday, 2 May 2019

Western Highway tree removal

In reply to Dr RATNAM (Northern Metropolitan) (21 March 2019)

Ms ALLAN (Bendigo East—Leader of the House, Minister for Transport Infrastructure):

The $672.3 million Western Highway duplication between Ballarat and Stawell will vastly improve safety for communities in Western Victoria.

Over the last five years, there have been 93 crashes on the Western Highway between Ballarat and Stawell, including 11 fatalities and 52 serious injuries.

The Federal Government has committed $501.3 million and the Victorian Government has committed $171 million to the Western Highway duplication, between Ballarat and Stawell.

The upgrade of the Western Highway, between Buangor and Ararat, is a significant project that we committed to delivering. The completion of this project is important to the communities of Western Victoria.

These communities have waited for this upgrade and the project has overwhelming support from locals as it will provide a vital boost to the regional economy.

There has been comprehensive planning on this section of the Western Highway duplication, including an independent Environment Effects Statement process and Cultural Heritage Management Plan, which obtained approval in accordance with the Aboriginal Heritage Act 2006.

The Victorian Government has worked closely with the Aboriginal community on this project since its inception. Work has been undertaken with the Djab Wurrung community, the Registered Aboriginal Party, Martang Pty Ltd, as well as the Eastern Maar Aboriginal Corporation—with cultural and environmental sensitivities firmly in mind.

Martang Pty Ltd, the Registered Aboriginal Party, approved the Cultural Heritage Management Plan for the project in October 2013.

Notwithstanding, extensive consultation has also been undertaken with the Eastern Maar Aboriginal Corporation in the development of the project. These discussions highlighted the significance of two trees to the Aboriginal community, which is why the Victorian Government has taken proactive steps to change the road alignment. The realignment includes approximately one kilometre of localised design changes to avoid removing the two trees.

MRPV is currently discussing the revised alignment, which impacts a small number of much younger trees, with Eastern Marr Aboriginal Corporation

The Federal Minister for the Environment has noted Major Road Projects Victoria’s (MRPV) continued commitment to consult with indigenous groups and willingness to alter the road alignment to avoid removing two trees of significance. The Federal Minister for Environment received an application from Djab Wurrung Traditional Owners in June 2018, seeking a declaration under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (ATSIHP Act). In January 2019, the Federal Minister for the Environment made a decision not to make a declaration under the ATSIHP Act because she was satisfied that State heritage protection legislation, particularly the State Plan, and the Victorian Government's commitment to continue consultation on the trees of significance, provided effective protection.

The Federal Department of the Environment and Energy (DoEE) has made MRPV aware it will now re-assess this decision. MRPV is awaiting further advice from DoEE on the next steps it will take in assessing the application.

In the interim, MRPV has agreed to not progress any works for a period of four weeks while the matter is resolved.

MRPV is committed to continued engagement with the Traditional Owners and will undertake cultural heritage values mapping on future road projects along Western Highway.