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Roe 8 opponents given High Court date

AAP logoAAP 22/11/2016 Rebecca Gredley

A protest group has been granted a High Court date to appeal against the federal and state-funded Roe 8 highway extension in Perth's south.

Save Beeliar Wetlands activists will attend the High Court on December 16 for a special leave hearing, where it will be decided if a full hearing of the High Court will proceed.

The community group raised money for the appeal through crowd funding and met their target of $50,000 in less than a month.

In December 2015 the group successfully appealed the Environmental Protection Authority approval for the road, which is part of the $1.9 billion Perth Freight Link, with Chief Justice Wayne Martin saying the EPA "took no account of its own published policies" when it gave the green light and had been legally obliged to.

However the judgment was overturned in May this year after the state appealed, successfully arguing the watchdog's policies were mere guidelines.

The Save Beeliar Wetlands group was ordered in the WA Court of Appeal in November to pay costs for the original legal action and subsequent challenge.

Group convener Kate Kelly said the contracts for the proposed Roe 8 should not have been signed before legal processes were finalised, and that the implications of the case concerned critical assets of conservation category wetlands.

"The wetlands and woodlands threatened include nearly 100ha of Banksia Woodlands, which have just been federally listed as a threatened ecological community," she said.

Traditional owner of Beeliar wetlands Corina Abraham lost her Supreme Court challenge against Aboriginal heritage approval for Roe 8 in August.

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