"The Department of Infrastructure, Transport, Cities and Regional Development is aware of correspondence from Mr Michael Kennedy to the Deputy Prime Minister sent in November 2019.

The department will provide information to the Deputy Prime Minister's office to inform a response.

The department considers it is appropriate for all legal matters to be finalised within the court system and for the Victorian Government to address the decisions once handed down."

Friday 7.50pm: The minister has provided the Mail-Times with a statement.

"This is a decision that needs to be reviewed closely.

"In doing so we will look at every option arising from the decision and we will consider all implications it may present for future ATSHIP rulings.

"On any account, this is an urgently needed safety upgrade that has involved many years of planning and consultation, and which has already resulted in significant compromise including the preservation of five of the six trees in question.

"While we respect the decision and the legal process, it is important in this case to consider all implications that may arise from this and take any appropriate action to ensure people's safety."

Earlier: THE Federal Court has scrapped Environment Minster Sussan Ley's decision to not protect six culturally significant trees on the proposed Western Highway duplication route.

Justice Alan Robertson on Friday ordered Ms Ley's July 2019 decision on the area near Buangor be set aside.

"Consequentially, the applicant's application dated 17 June 2018 is to be referred to the respondent Minister for further consideration," Justice Robertson wrote in his ruling.

Justice Robertson said in his considerations that Ms Ley's reasoning "revealed a misunderstanding of the provisions of the Heritage Protection Act".

"The legal error on the part of the Minister was to oversimplify both the meaning of Aboriginal tradition, as defined, and the statutory concept of injury or desecration," he said.

Solicitor for the applicants Michael Kennedy said his clients would put an on-country community consultation report before Ms Ley as she reconsiders the action.

"Vicroads paid Eastern Maar Aboriginal Corporation $27,000 - I've seen the board minutes - to commission them to do an analysis of the two particular trees in the area," he said.

"That report was withheld from the knowledge of the federal minister, dated December 7, 2018. The minister made her decision in July and was not aware of the 138-page document.

"The document says a particular tree has significant Aboriginal stone axe marks on it,and recommended that road should not want to be built.

"This time when the Minister goes to make that decision she will be aware of that report, and I believe she won't make the same decision again."

Mr Kennedy said works taking place on a 3.8-kilometre section of the duplication would not be affected by Friday's decision.

Mr Kennedy said he had also written to the office of Deputy Prime Minister and Infrastructure Minister Michael McCormack, asking him to conduct an independent assessment of VicRoads' preferred route for the highway's duplication compared to a "northern option" favored by Djab Wurrung Traditional Owners.

The Mail-Times has contacted the offices of Ms Ley and Mr McCormack for comment.

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