A Federal Court injunction was issued last night to stop any further work by developer Clarence Property or its contractors at the Brunswick Heads, Walllum Estate site.
‘The application for an emergency Interlocutory injunction was lodged yesterday, in the Federal Court of Australia by Barrister Jonathan Korman on behalf of Save Wallum. The matter was heard by Justice Raper, in Sydney and granted, after 24-hours notice was officially given from Clarence Property on the eve of Wednesday 3rd July, that they intended to start work on the controversial site the next day,’ said the Save Wallum group in a press release.
The interim injunction means until a further hearing and determination, Clarence Property must not carry out, or authorise the carrying out, of Development Works on the land at 15 Torakina Road Brunswick Heads, with the exception of the installation, on foot, of nest boxes in accordance with the Hollow and Nest Box Management Plan. The injunction will prevent work from occurring over the weekend, through to 9 July, when the matter will return to court for further argument.
‘This is such a huge relief,’ said spokesperson Svea Pitman.
‘It has been an incredibly long journey and huge amount of volunteer work to get to court, and we are ecstatic that Justice Raper issued this interlocutory injunction last night, ensuring this rare coastal wetland and old growth trees are protected while the case is run now in the Federal court.’
Save Wallum Inc. commenced proceedings to stop work that is proposed to destroy areas of habitat for federally listed threatened species the Wallum Sedge Frog and the critically endangered Mitchell’s Rainforest Snail.
Greens MP and spokesperson for planning and the environment Sue Higginson said, ‘The community that have formed Save Wallum have been taking every road available to them to try and protect this precious coastal heath environment. This injunction is a sign that there is a legal question to be answered about the lawfulness of the Wallum development.
‘So far, both the state and federal government’s have refused to use their lawful power to intervene in the proposed destruction of nationally and state-listed threatened species and their habitat at this site in Brunswick Heads. It is down to the tenacity and determination of the community that the legality of this development is being challenged.’
The local community group ‘Save Wallum’ which formed in mid-2023 to protect the rare ecology of the Wallum site, sought an urgent interim injunction under the Environmental Protection Biodiversity Conservation Act (1999), after attempted negotiations with Clarence Property broke down on 3 July 2024.
Justice Raper heard evidence from lawyers that sightings of the rare Wallum Sedge Frog were recorded in the area directly adjacent the proposed excavation works, and thus destruction of habitat in the area would inflict irreparable damage on the Wallum Sedge Frog.
‘It shouldn’t have to fall on communities to go through this ordeal, just to uphold the law – but as is often the case it’s the community who are connected to the environment and each other who will fight for environmental justice in the face of our broken environmental laws,’ said Ms Higginson.
‘I have personally written to both the NSW Planning Minister and the Federal Minister for the Environment, highlighting their responsibilities and powers when it comes to making sure that developments do not destroy matters of national environmental significance. Unfortunately, they have refused to act and have thrown away their responsibility to communities and the environment.
‘I find it abhorrent that governments have received report after report that our environmental laws are not only failing, they are driving the extinction of some of our most threatened wildlife and ecosystems, and yet when they have the opportunity to do something, they choose not to and instead pass the buck.
‘The Save Wallum community have worked tirelessly with courage in the face of environmental injustice. They have stood in front of earth moving equipment and peacefully stopped damage to this precious environment. Now they are in the courts, taking action where their government has failed,’ Ms Higginson said.
Byron Shire Deputy Mayor Sarah Ndaiye said that today’s win shows the power of community working together.
‘This is a huge win for our environment and our community. Everyone who wrote a letter, signed a petition, all the people who bravely took direct action, many for the first time, helped to achieve this victory. This shows what we can achieve when the planning system lets us down. The ruling by the Federal Court shows the importance of the community being able to challenge bad planning decisions and inappropriate development.’
♦ The Clarence Property Group have been contacted for comment.
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