Both opposing parties regarding the 126-housing Wallum development in Bayside, Brunswick Heads, are claiming a victory after the latest court decision, handed down on August 23 by Justice Bromwich.
In a statement, Save Wallum Inc, say the Federal Court upheld the stop-work injunction.
Spokesperson Svea Pitman said, ‘The main contest before the court at the further hearing of Save Wallum Inc’s interlocutory injunction application was the controversial construction of nine artificial frog ponds, which are proposed as part of the early development works’.
‘Justice Bromwich accepted that the construction of these ponds may pose a risk to the site’s Wallum sedge frog population, and has blocked any construction of the proposed ponds until a final determination of the matter.
‘The orders otherwise permit very limited works, including installation of bunting, regeneration of the seed bank along sandy tracks and weed maintenance – strictly without the use of weedicides’.
The trial is scheduled to begin October 14, Ms Pitman said.
Meanwhile, developer Clarence Property says it is ‘looking forward to progressing with its approved housing estate in the Byron Shire after the Federal Court injunction was amended to permit key works to continue’.
CEO Simon Kennedy repeated his comments around the ‘critical need for new housing in the shire that had been identified by Byron Shire Council’.
He said, ‘We believe the court’s ruling affirms our commitment to responsible development and environmental stewardship and we will continue to respect the legal process as we work towards the final determination of this matter in October’.
‘Our focus now is on ensuring safe access for our contractors and progressing with this essential project.’
Ms Pitman added, ‘This is another major win for our community and for the race to save this unique wallum ecosystem’.
High ecological value
Save Wallum advocates say they celebrated Friday’s outcome, ‘viewing it as a critical step toward protecting one of the last intact wallum heathland ecosystems in the Byron Shire’.
Ms Pitman added, ‘This is another major win for our community and for the race to save this unique wallum ecosystem’.
‘The high ecological value of this area is undeniable, with its floristic diversity, absence of invasive weeds, and the presence of so many threatened species’.
She continued, ‘Australia has the highest rate of mammal extinction globally, and in the Northern Rivers, we are on the frontline of the climate crisis.
‘It’s heartening to see the court’s decision ensuring that no destructive works can proceed at this stage.’
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