Whadjuk Nyungars launch legal challenge against Roe 8

The Supreme Court writ argues the process taken by the State Government to gain Aboriginal heritage approvals, which were granted midway through last year, was flawed.

Ms Abraham said the Aboriginal Cultural Material Committee (ACMC), the State Government’s advisory body, denied Nyungar custodians procedural fairness when it recommended ministerial consent for Main Roads’ Section 18 application to disturb a mythological site.

“This place is as important for Nyungar people as Kings Park or Anzac Cove is for non-Aboriginal people,” Ms Abraham said.

“By desecrating this place, it’s like the Government is throwing sand in the face of our ancestors.

“Building a big highway through here is not going to bring strength; it’s going to bring devastation.”

Greens MLC Lynn MacLaren said there was no reason for the ACMC to reverse its 2013 recommendation against the build.

“The minutes of the ACMC’s meetings provide no explanation or justification for the committee’s revised view on disturbing the registered spiritual site, known as DAA 3709, which includes both lakes,” she said.

Melville Mayor Russell Aubrey remains a staunch supporter of Roe 8, which he believes will ease congestion and increase safety on local roads, despite the numerous recent setbacks. Last December the Supreme Court declared the environmental approvals for Roe 8 were invalid.