Now into their 20th day of protesting those opposed to the closure of Wallaby Scrub Road say they have been buoyed by continued community support and now helpful legal advice.
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The protesters spend daylight hours at a camp site located at the intersection of Wallaby Scrub and Putty roads near Bulga where they regularly have passers-by signing their petition to stop the closure of the historic road which runs between Bulga and Warkworth.
Built by convict labour in the 1830s the road is now located in the middle of Rio Tinto’s approved Warkworth open cut mine expansion project.
For the mine to expand and operate the road must be closed.
However the company has struck a hurdle in those plans with Singleton Council rejecting their request to close the road at its June meeting.
Now it may come down to a legal battle with the Bulga Milbrodale Progress Association recently receiving legal advice that it may take a change to the 1993 Roads Act to close the road.
This advice differs with that received by Singleton Council which said the NSW government held the powers to close the road.
Bulga resident Stewart Mitchell said he believed the closure of the road wasn’t so clear cut.
“Our advice was the government would have to change the act,” he said.
But he admitted he was concerned about the government’s unfettered powers under State Significant planning legislation which covers all mine expansion plans.
“This may allow a private company to acquire crown land for its own advantage and profits which is simply wrong,” he said.
“Especially when you consider this road’s heritage and cultural significance. Plus it needs to remain open 800 vehicles use it daily.”
Last week Aboriginal Elders Kevin Taggart, and his sister Patricia Hansson, had their case adjourned until September 15.
They faced Singleton Court after being charged with disobey police direction and resist arrest on Monday, July 18.
The siblings were arrested after Kevin refused to “move” on from the Wallaby Scrub protest.
Patricia had turned up to speak to him but was caught up in the commotion.
They were granted an adjournment to enable them time to prepare a case against the charges.
Outside the court Mr Taggart said they are determined to fight the charges.