Save Wallum is a community campaign dedicated to preventing the destruction of 30 hectares of rare coastal Wallum heath and woodlands in Brunswick Heads,
Byron Shire, NSW, which is at risk due to a proposed housing development.
Legal Update
On 7 September 2026, the Federal Court dismissed Save Wallum Inc.’s application for a permanent injunction under the Environment Protection and Biodiversity Conservation Act 1999. While this was a devastating outcome, the community has not given up.
Save Wallum is now seeking to appeal the decision and has applied for interim protection to prevent works at Wallum while that legal process continues.
At an urgent Federal Court hearing on Monday 14 September, Justice Kennett heard approximately six hours of argument about whether there is a serious question to be tried and whether an interim injunction should be granted. The Court also considered the potential financial cost of delaying the development against the risk of permanent harm to threatened species and their habitat if works proceed.
Justice Kennett will deliver his decision at 10am on Wednesday 16 September. Until then, the Federal Court’s current order preventing slashing and development works at Wallum remains in place.
Save Wallum has also commenced proceedings in the NSW Land and Environment Court seeking protection for threatened Wallum Froglet habitat under the Biodiversity Conservation Act 2016.
This community has fought tirelessly since 2023 to protect 30 hectares of rare coastal Wallum heath and woodland at Brunswick Heads. The next stage of the legal fight is urgent and costly, and we need your support to continue.
Donate to the Save Wallum legal campaign here
To sign up for SMS updates, text "Save Wallum" to 0475 446 993
Every donation directly supports the legal and community campaign to protect this irreplaceable environment. Funds are managed transparently through the Save Wallum Inc. account, with four authorised signatories and two approvals required for every transaction.
Community Questions Council Over Development
Community concern is mounting over what locals are calling a fundamental breach of environmental conditions meant to protect the central creek at 15 Torakina Road, the Wallum development in Bayside Brunswick Heads.
At the centre of the controversy is Condition B4, a requirement from the original 2013 Concept Plan Approval mandating a 20-metre riparian buffer on both sides of the creek. This riparian buffer is designed to protect the areas of land immediately adjacent to rivers, streams, lakes, and other water bodies.
Residents say this condition has been ignored. “The cut and fill is right to the edge of the creek. There is no way this complies with the CPA,” said local advocate addressing Byron Shire Council on August 14 2025. Civil plans show new stormwater infrastructure being built directly within the buffer — a clear violation of the original consent.
While Council staff confirmed last year that Condition B4 was “not met,” they have yet to produce any evidence of it being lawfully varied.
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September 2026
News
Judgement from the Federal Court is due to be handed down at 4:30pm Monday 7th September
To sign up for SMS updates,
text "Save Wallum" to 0475 446 993
What's On
Save Wallum Stall at Markets
More detail on the events page
Mullumbimby Farmers Market - Every Friday
Brunswick Heads Market - 1st Sat of the month
About Save Wallum
We are a community of passionate individuals looking to protect the ecology of Wallum Brunswick Heads. Join us in our fight to preserve the natural beauty of Wallum for future generations.
'Save Wallum' is an upsurgence of community members who have come together to protect this sacred place. With over 6000 Facebook members, we oppose the approval of Clarence Property’s Luxury Housing Coastal Subdivision, located at 15 Torakina Rd, Brunswick Heads (DA 10.2021.575.1)
Titled 'Wallum', after the ecology it will destroy, the Development will be comprised of:
• 124 Residential Lots
• 3 Medium Density Lots
• Plus a series of roads and supporting infrastructure & 3 reserves.
Byron Shire Council’s Geographical Information System (GIS) maps note the development sits on bushfire-prone and flood liable land, with acid sulphate soils that generate large amounts of sulphuric acid when disturbed, rapidly degrading infrastructure - including concrete. The entire site is mapped as HEV - High Ecological Value, and is a wildlife corridor, in the Coastal Zone.
What is a
Zombie DA?
The Development Application (DA) for this Subdivision is what is known as a “Zombie DA” - a recognised term used to describe development applications that were historically approved, under old planning regulations that do not uphold the same standards of ecological and cultural heritage assessments demanded by current legislation - which is now informed by natural disasters and the Extinction Crisis.
These applications can lie dormant for decades until developers such as Clarence Property bring them to life. Zombie DA’s are a persisting state-wide issue, which will be highlighted in the upcoming State Enquiry into the NSW Planning System.
As a group, we are seeking Federal intervention, by Minister Plibersek, to refer this development for assessment under the Environmental Protection and Biodiversity Conservation (EPBC) Act (1999). If it is deemed a ‘Controlled Action’, development will cease until a federal assessment is done for the Matters of National Environmental Significance (MNES), which includes impacts on any EPBC listed Threatened Species - there are at least 9 of these on the Wallum site.
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Photography by: Beverley Callow, James Barrie, Locky Cooper, Mac Maderski, Mala Norris, Mark Seiffert, Nola Mancy, Sam Brown
All images © the photographer
