The Save Wallum court case is now in its fifth day in the Federal Court of Australia with dedicated Save Wallum supporters gathering outside the court as the hearing proceeds.
Community members were joined yesterday by 14-year-old conservationist and Instagram influencer Spencer Hitchen and Ocean Alley guitarist Mitch Galbraith.
Supporters stood with banners, placards, and t-shirts ‘united to challenge a broken planning system that is failing to protect endangered species and irreplaceable biodiversity,’ they said in a press release.
Joining the Save Wallum supporters NSW MLC, Greens MP Sue Higginson called the battle against the proposed housing development ‘a David and Goliath fight.’
Ms Higginson emphasised that the current planning system is ‘utterly broken and not fit for purpose,’ allowing developments that destroy critical habitat for threatened species while placing future residents in harm’s way.
Impact on threatened species and flood risks
‘When you have ecologists and scientists, young people, community members, artists, and First Nations advocates all saying: ‘not this development, not on this country, and not now’ – but the planning system still gives the green light to developers – you know something is deeply wrong.’
Higginson highlighted the dangers of approving housing on a floodplain in a high-biodiversity area, warning that ‘these houses will be in flood harm’s way.’ She praised the local community’s commitment to protecting threatened species at risk from the proposed development.
The hearing is between Save Wallum Inc. v Clarence Property Corp. & Anor with both sides presenting experts to support their claims for protection or proceeding with the development on the site to Justice Perry.
‘When experts presented on the Mitchells rainforest snail Justice Perry said she’d never look at a snail in the same way again,’ said spokesperson Holly Galbraith.
‘Yesterday the court heard presentations on the Wallum sedge frog, today they will be hearing about the koalas and tomorrow the long-nose potoroo and the glossy black cockatoos.
‘Both sides get to put forward experts and they are then asked questions by experts from the other side and cross-examined by barristers.’
Speaking at the rally yesterday 14-year-old environmental advocate Spencer Hitchen reminded the crowd of the fragility of the remaining Wallum ecosystem and the responsibility to protect it for future generations.
‘There are many more species that need this habitat for their survival. There is only a very small amount of Wallum ecosystem left in this council area, and we need to save what’s left for future generations – to be able to see the threatened species like the glossy black cockatoo, koalas, and acid frogs.’
President of Save Wallum Inc. Luciana Bowen emphasised the broader implications of the legal challenge saying, ‘this is a case that is testing the effectiveness and operation of Australia’s national environmental laws. Wallum is a place of immense environmental significance, and the development proposed will have an unacceptable impact on its biodiversity. The developer claims it won’t, and the Minister has not assessed it for herself.’
Ms Bowen stressed that Wallum contains Matters of National Environmental Significance (MNES) which are protected under Australian law.
‘The outcome of this case will have implications for communities across Australia that are on the frontlines of the extinction crisis and are looking to protect places of high biodiversity value in their local environment. At its heart, this is a case about community fighting for environmental justice,’ said Ms Bowen.
The case is running a little behind so they will decide over the next few days if they need to come back on Monday. Closing submissions and arguments are then set for the end of April or May and then the judge will consider the case before returning their judgement.
The case is being live streamed, you can watch on YouTube: https://www.youtube.com/@FederalCourtAus.
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