The community-led effort to protect a rare and endangered habitat in Brunswick Heads from urban development is now in the final stages, with final submissions now delivered by both sides in the Federal Court of Australia.
The significant coastal wallum ecosystem was earmarked for development by Clarence Property, but faced stiff community opposition.
The issue divided the previous Council, led by former mayor, Michael Lyon. His casting vote in early 2024 enabled works to begin for 123 residential lots and three small-medium density sites.
But with community-led fundraising the Save Wallum organisation was able to get an interlocutory injunction to stop development works, which has been in place over the site since July 2024.
Grassroots campaign
It follows the grassroots campaign, which commenced in August 2023.
Save Wallum spokesperson, Svea Pitman said, ‘After months of protest activity on the controversial site, a legal case was established by a pro-bono legal team consisting of barristers Jonathan Korman and Richard Reynolds, and lawyer Natalija Nikolić, who came together to champion this cause’.
A three-week trial began in February 2025 in the Federal Court, with final submissions being delivered on Monday, May 26 and Tuesday, May 27.
‘The entire trial has been live-streamed on YouTube via the Federal Court channel, as a public interest matter.
Svea said, ‘Tireless community advocacy, emotional and exhausting frontline protests, an enormous amount of scientific and planning research, and ongoing fundraising, has led to Save Wallum’s case’.
Ms Pitman says the case ‘has become a symbol of resistance, unity, and hope for our future’.
Threatened species
‘The development at 15 Torakina Road would destroy one of the last remaining wallum ecosystems in the Byron Shire – rare and precious coastal land home to dozens of threatened species, such as critically endangered wildlife, including the wallum sedge frog, koalas, long-nosed potoroo, Mitchell’s rainforest snail and the south-eastern glossy black cockatoo.
‘We have such a small amount of this type of ecology in our area left, it is vital we conserve it for all the endangered species that depended on the wallum for their survival’.
‘This Federal Court case challenges the legality of the development under the Environmental Protection Biodiversity Conservation Act 1999 (EPBC Act), as there are numerous “Matters of National Environmental Significance” (MNES) on site. In this case they are the five federally listed threatened species [listed above]’.
Defining judgement
The court’s decision will be a defining moment – not only for Brunswick Heads, but for environmental protection across Australia. The outcome will showcase whether laws like the EPBC Act can truly safeguard biodiversity, or whether developers can sidestep them using outdated approvals and bureaucratic loopholes like being a zombie DA.
Local Bayside resident, Holly Galbraith, said, ‘We’ve heard scientists speak out against the ecological destruction, we’ve listened to Elders share their heartbreak, and we’ve seen children draw and paint their hope for the future of the land. We’ve witnessed grief, yes – but also joy, strength, and love. This case is just one chapter in a much bigger story: a community coming together to defend Country’.
‘This community-led campaign has already changed the landscape – socially, emotionally, and politically,’ Ms Pitman added.
Social licence
‘There is no social licence for Clarence Property to proceed with this needless destruction – on a wetland, no less. In a time of climate chaos and ecological decline, we’ve seen our community rise: gathering beneath 300-year-old Scribbly Gums, standing with Elders, and forming powerful new alliances’, Ms Pitman added.
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