Loading Traditional owners forming the Djab Wurrung Embassy now argue that an extensive report by On Country Heritage and Consulting, produced on behalf of Eastern Maar Corporation – the registered Aboriginal organisation that signed off on the project – was overlooked in Ms Ley's decision to approve the road project. The report, written in consultation with Eastern Maar and Djab Wurrung representatives, explains the significance of sacred trees set for removal, including two centuries-old river red gums that the Djab Wurrung call 'grandfather trees', another old eucalypt known as the 'directions tree' and a dead, fallen tree called the 'canoe tree', where Djab Wurrung have removed the bark to use as a canoe. The report argues that the "cultural sensitivity" of Aboriginal sites at risk of destruction were excluded from the project’s risk ratings and its impact assessment methodology. When Aboriginal objects in archaeological sites were assessed, this was according to their "scientific value" rather than the role they play in Aboriginal culture.

Loading Meriki Onus, who is staying at the Djab Wurrung Embassy, described the consultation process for the road as "flawed" and said Ms Ley appeared not to have made an informed decision. "It's really disappointing that the On Country report hasn't been considered by the Minister," she said. The project on the major truck route between Melbourne and Adelaide is now running two years behind schedule and appears to be facing delay-related costs. Major Roads Project Victoria had given traditional owners until Thursday to leave their protest camp but an eviction is still yet to occur, after more than 200 activists flocked to the protest to show their support.

The Andrews government this year amended the route to protect the two birthing trees and also agreed to retain 13 trees, meaning they would be given extra protection during construction works. It is not clear which trees these are, or whether they were originally meant to be felled. Tree removal along the Western Highway between April and June in 2015 during the first stage of duplication works, between Beaufort and Buangor. Credit:Western Highway Alternative Mindset The Age can reveal that nearly 3000 mature old trees would be chopped down once the three-stage project is complete, with nearly 1000 old-growth trees set to go under the current duplication works. The current upgrade would remove 881 large old-growth trees, much more than the 470 estimated by the government in 2012.

Loading A 24-kilometre highway duplication between Ararat and Stawell, which is the next stage of the upgrade, is set to destroy another 881 large mature trees, including 800 marked by the government as having “high conservation significance”. In a major blunder, VicRoads admitted that it destroyed 900 old-growth trees while doing the first stage of duplication between Beaufort to Buangor that finished in 2016, despite initially claiming they would remove just 221. Tree removal along the Western Highway between April and June in 2015 during the first stage of duplication works, between Beaufort and Buangor. Credit:Western Highway Alternative Mindset Ms Onus said avoiding the destruction of sacred trees was crucial to the government’s Treaty negotiations.

"This fight with Djab Wurrung, will destroy the romance of the Labor government's strive for Treaty. It will be a defining factor." Loading Victorian Trades Hall secretary Luke Hilakari said Major Road Projects Victoria may believe that it has ticked all the boxes by seeking approval for the road from the two registered Aboriginal organisations for the area. However, one of the groups – Martang – has since been de-registered, while traditional owners protesting the road say they do not endorse Eastern Maar's sign-off. "Going through what would normally be a tick-box process just isn’t enough,” Mr Hirakai said. “Right now, this is a complete failure.

"The politics around this and the cultural sensitivities are really hard, so spending time bringing groups with contested views together is something they should spend resources and time facilitating," he said. A spokesman for Ms Ley said the minister "acted in accordance with advice from the department and in accordance with her responsibilities under the Act and chose not to intervene". “As the matter is now subject to legal proceedings, it is not appropriate to comment on the details of the decision at this point.” A Major Road Projects Victoria spokeswoman said the highway carrying 6000 vehicles a day must be duplicated to improve safety. A car rolled over on the highway near protest camps just this week, leaving the female driver with non life-threatening injuries.