A Supreme Court hearing will be held over the Newcastle heavy rail issue in July, more than three months after the state election.
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The court ruled last December that the state government could not go ahead with its controversial plan to remove the train line into Newcastle CBD without an Act of Parliament.
Government agency Hunter Development Corporation challenged the ruling and workers began to remove infrastructure such as electricity wires on Boxing Day as planned.
Portions of the line between Wickham and Newcastle station have not been removed, but have been covered by road base, concrete or grass to create crossings for pedestrians and vehicles.
Dates for a full Supreme Court hearing were announced yesterday during a directions hearing in Sydney.
July 15 and 16 were set down as dates for a Supreme Court hearing, with submissions to be made over the coming months.
Save Our Rail Maitland president Kim Cross said she expected the hearing to be scheduled for mid year.
“We didn’t expect the hearing would happen before the election,” she said.
“We remain confident that we will be successful.”
Last year’s court ruling was made after parliament had finished for the year, which left no time for the government to acquire an Act before the March election.
If the government is unable to attain an act of parliament to remove the line and HDC loses its appeal, it is likely the court will demand that infrastructure that has been removed be restored.
The directions hearing came a day after the parliamentary inquiry into Hunter planning decisions released its final report, which urged the government to immediately restore rail infrastructure and services.
Committee chairman Rev Fred Nile argued that the decision to cut the line had been based on a flawed cost-benefit analysis.
But the government defended its decision to cut the line.
Transport Minister and Minister for the Hunter Gladys Berejiklian said the government was committed to the creation of more jobs, visitors and investment to the region.
“Every decision we’ve taken has been in the interests of Newcastle and the Hunter region,” she told the Mercury.