Save Wallum is seeking a permanent injunction to stop slashing and development works due to begin within days.
On 7 September 2026, the developer advised the Federal Court of its intention to immediately commence slashing on the Wallum site. With heavy machinery, including slashers, now stationed on the site and prepared to start work slashing the site, action is being taken by Save Wallum in the NSW Land and Environment Court (L&EC) and the developer has been ordered by the Federal Court not to conduct slashing or development works at Wallum until 5pm on Monday, 14 September.
The proceedings by Save Wallum in the L&EC contend that the proposed slashing and removing of native vegetation would damage habitat of a listed threatened species, specifically habitat for the Wallum Froglet, and would contravene the NSW Biodiversity Conservation Act.
New court, new proceedings
An urgent application for an interim injunction has also been lodged to immediately prevent any slashing of the Brunswick Heads development site.
The interim injunction application will be heard in the NSW L&EC tomorrow morning, Friday, 11 September.
Save Wallum Inc. President Luciana Bowen said the new legal action was necessary to prevent and restrain damage to the habitat of a threatened species.
‘Wallum is facing an immediate threat. Once this habitat is slashed or cleared, the damage cannot simply be undone,’ Ms Bowen said. ‘This community has spent years standing up for Wallum. We remain determined to pursue every lawful avenue available to protect this extraordinary place and the species that depend on it.’
The NSW L&EC action is separate from Save Wallum Inc’s Federal Court proceedings.
28 days to appeal
Final judgment in the Federal Court matter was handed down on Monday, 7 September, dismissing Save Wallum Inc’s application for a permanent injunction under the Commonwealth Environment Protection and Biodiversity Conservation Act.
Save Wallum Inc now has 28 days from the date of that judgment to consider whether there are grounds to lodge an appeal based on an appealable error in the decision.
‘While our legal team considers the Federal Court judgment, the immediate priority is preventing irreversible damage to Wallum,’ Ms Bowen said.
Can you help?
Save Wallum Inc is run entirely by volunteers, and its legal team is acting pro bono. However, commencing and running court proceedings involves substantial expense. The organisation is asking the community to support its continuing legal actions through donations and by attending and sharing updates about the immediate threat facing Wallum.
‘We are asking our community to remain informed, stay united and continue support during this critical period.’
The next community gathering is 4pm Monday 14th September at Bayside Park and will include a theatrical dance performance as well as a legal update.
For more information about Save Wallum or to donate visit: https://www.savewallum.com/donate.
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