Western Highway project: about 50 arrested for refusing to leave a restricted access area

About 50 arrests were made on Tuesday after police removed protesters along the Western Highway from restricted areas throughout the day.

The Western Highway was shut for most of the day between Ararat and Ballarat, but opened at about 4pm with a reduced speed limit of 40km, following a temporary closure earlier today, to ensure the safety of contractors who were still working on the site.

40 of the protesters were arrested for refusing to leave a restricted access area and failing to comply with the Chief Health Officer's directions.

Each of those individuals were released pending summons.

The other 10 protesters were arrested for obstructing police at the site of the protest.

They were taken to Ararat Police Station and charged with offences including intentionally obstructing an emergency service worker on duty, refusing to leave a restricted access area and failing to comply with the Chief Health Officers directions. All ten people were bailed to reappear at Ararat Magistrates Court at a later date.

In addition to the arrests, Victoria Police said there were also a significant number of protestors directed to move on who will receive infringement notices for failing to comply with the Chief Health Officers directions.

"Victoria Police respects people's right to protest peacefully and are there to ensure no breaches of the peace or antisocial behaviour occurs as a result of protest action at the site," they said.

"Officers work hard to provide a safe environment for all people involved in protests as well as the broader community."

UPDATE, 3.30pm:

Member for Ripon Louise Staley said the duplication of the Western Highway was a project of national significance and also of local significance to the safety of the people of Ararat and Stawell.

"The project is years overdue," she said.

"I support the right of Australians to protest; however, I also support the rule of law. In this case, the courts, the Ombudsman, and the local Registered Aboriginal Party Eastern Maar have found the project lawful and right to proceed.

"The continued actions of the protesters are unlawful and unwarranted. I support the removal of the camps and the building of the road between Buangor and Ararat."

UPDATE, 12.45pm:

25 people have been arrested this morning as part of a police operation.

General duties police are being supported by specialist support units to remove protestors, with no injuries reported as police remove camps and protesters from restricted areas to ensure the safety of all people in the area as highway construction work continues between Buangor and Ararat.

The Western Highway remains closed between Ararat and Ballarat.

A police spokesperson said there was a small group of protesters remaining, with ongoing negotiations taking place for them to leave the restricted area.

"Victoria Police respects people's right to protest peacefully and are there to ensure no breaches of the peace or antisocial behaviour occurs as a result of protest action at the site," they said.

"Officers work hard to provide a safe environment for all people involved in protests as well as the broader community."

UPDATE, 11.50am

Premier Daniel Andrews has been asked about the tree in today's COVID-19 briefing.

To a question about whether the Directions tree had been removed when Major Roads said it had not, he said that he was "not sure what has gone on there" but would check.

Mr Andrews said direct consultation with the 12 families that comprise the traditional ownership group of the land was ongoing and significant changes to the design of the road had been made.

He said it was a "dangerous road" where many people had lost their lives and he was "determined to get it upgraded".

Mr Andrews said there had been legal action, consultation and an agreement reached, but acknowledged that not everybody would back that.

He said that at some time "we have to be faithful to that agreement".

Mr Andrews said if they waited for "100 per cent consensus" the deadly stretch of road would go unchanged.

"We've got to get on with it and get it done," he said.

He said alongside the fatal accidents there were many other crashes that had been reported on the road in the area.

UPDATE, 11am:

Eastern Maar Aboriginal Corporation Chair Jason Mifsud confirmed the tree had undergone extensive surveying by cultural heritage experts.

"Intensive and extensive cultural heritage surveying was conducted," he said.

"The tree wasn't in a list of trees that we were able to negotiate through the environment process."

Mr Mifsud said Eastern Maar's position had been communicated previously.

"The project was determined by both Commonwealth and State (governments) to proceed," he said.

"Eastern Maar Aboriginal Corporation, which does represent 12 family groups - including numerous people from the Djab Wurrung who sit on our board including senior women - have found that the cultural surveying that came back to us all passed our cultural thresholds.

"The trees that need to be saved, are being saved."

Mr Mifsud said Eastern Maar Aboriginal Corporation had worked "incredibly hard" for a resolution.

"...I've never seen something as difficult as this," he said.

"I'm really proud of the way Eastern Maar as a corporation has conducted themselves with their cultural obligations.

"We've consulted extensively with people within the community.

"We've tried to work with them as closely as we could to ensure a safe outcome for those people at the camp.

"That support hasn't been accepted.

Mr Mifsud said it was unfortunate there was a degree of inevitability around what is happening at the camp this week.

"It saddens us," he said.

"It doesn't make anybody feel good or proud.

"However, it is outside of Eastern Maar's control.

"Individuals make individual decisions and the legal recourse the government is pursuing is one would assume within the laws of the state.

"It's not on the Eastern Maar Aboriginal Corporation to be responsible for anything that is happening at the camps today.

"We've exhausted every avenue we've had available to protect our cultural heritage and our people.

"Ultimately, people make their own decisions and like all of us they are accountable for those."

EARLIER, 9.30am:

Police are present at the Western Highway duplication between Ararat and Buangor.

Victoria Police moved in to protest camps on Monday.

On Tuesday, the Western Highway was closed between Ararat and Burrumbeet citing a police incident.

On Monday, allegations were made from protesters at the protest camps that a directions tree was removed from the site.

A spokesperson from Major Roads Projects Victoria said a Fiddleback Tree was removed from near Hillside Road on Monday but the tree had not been identified as culturally significant by the Registered Aboriginal Party and was not identified as culturally significant by Traditional Owners who sought a protection area for the alignment from the Federal Environment Minister.

"The tree was assessed by arborists to be unlikely to pre-date European settlement," the spokesperson added.

Major Roads Projects Victoria said the Directions Tree that was identified in the Federal Court proceeding is at the northern end of the alignment and has not and will not be removed.

They also said there have been more than 100 crashes on the Western Highway between Ballarat and Stawell in recent years, including 11 deaths and more than 50 serious injuries.

"We're getting on with this urgent safety upgrade that will save lives," they said.

"We've listened to Aboriginal voices every step of the way - the project's design has been approved by both relevant Traditional Owner Groups, an independent Environment Effects Statement process, the Supreme Court, the Federal Environment Minister and the Victorian Ombudsman."

Work recommenced on the approved alignment on September 29, 2020 and there have been a number of interactions between project opponents and police since then, including several arrests.

Major Roads Projects Victoria said said it was vital for the safety of the community that this upgrade was completed.

In May 2019, following the changes to the design of the road to protect 15 trees of significance, Eastern Maar announced that "these trees are now protected, and the road can go ahead."

The Ombudsman looked into the project earlier this year and noted the Government acted in "good faith" in working with Traditional Owners over cultural heritage concerns.

Tree removal is part of the ongoing works.

More to come.

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