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A last-minute legal challenge against the construction of a controversial bypass highway in WA's south has failed in its bid to stop bulldozers from clearing native bushland.
Key points:
- A Federal Court judge has dismissed a legal environmental challenge against the highway
- At $1.25 billion, it is WA's single most expensive road project
- Clearing of native bushland is expected to resume today
On Friday, construction was halted at the southern and final leg of the $1.25 billion Bunbury Outer Ring Road when an eleventh-hour injunction was granted by the court.
But the court today agreed with government lawyers that the legal challenge "had no legs", and dismissed the injunction, clearing the way for construction to resume today.
Judge Craig Colvin was not satisfied with the opponents' legal argument about the legitimacy of the process federal Environment Minister Tanya Plibersek took to grant environmental approval.
Work to clear 71 hectares of native habitat for the road began last week, prompting protests from members of the local community who have said the impact on the critically endangered western ringtail possum would be too great.
At least five people were arrested for trespassing onto the site and locking themselves on to machinery and trees.
The court was told about 72 critically endangered western ringtail possums could perish as a result of the clearing and the road fragmenting their habitat.
During the court hearing, lawyers for the Friends of the Gelorup Corridor group attempted to pick holes in the ministerial approvals process.
Justice Colvin acknowledged the opponents to the project were concerned the damage to western ringtail possums, Carnaby's black cockatoos and black strip-minnow would be too great if the project went ahead.
"It is difficult because of competing priorities," he said.
But he said it was not for the court to decide on the merits of the environmental conditions for the project.
Justice Colvin noted the WA Solicitor General's argument that delay to the project would be costly, and that work had been done to limit impact on possums, and there was evidence the possums would 'relocate.'
Local group 'devastated' by ruling
The Gelorup group behind the legal action released a statement within minutes of the court's decision, saying the group was "devastated" but would continue to fight.
"Our community has been strengthened and splintered by this action, and the enormous distress of watching our 400-year-old trees shredded through a woodchipper will now recommence," the statement read.
It said the assertion impacts to the wildlife could be managed were "brutally wrong".
"The federal minister still has it within her power, particularly in the light of this devastating news so early into the project, to halt all works and reassess. We hope she finds the will power to action this today."