WORKS will proceed for now on the Toowoomba Second Range Crossing, after a hearing in the Land Court.
The decision was made not to extend a temporary injunction which stopped works at two sites forming part of the project.
The interim halt-work measure was granted last Wednesday to Western Wakka Wakka man Adrian Beattie.
The decision was handed down Monday afternoon, with less than half an hour before the injunction expired at 6pm Monday.
The injunction was sought by Mr Beattie over what he says are bora rings near Charlton and an ancient lookout at Murphys Creek.
He fears the proposed construction will damage what he says are culturally significant sites.
Legal representatives for the State Government argued against the granting of a further injunction, suggesting Mr Beattie, while he had a right to seek an interim injunction to halt work, was unlikely to have the legal right to continue the case.
They said this is because other key members of Western Wakka Wakka have distanced themselves from the dispute.
They also said the contract Mr Beattie signed had mechanisms in place for resolving issues such as this one, including dispute resolution.
In the decision handed down late yesterday afternoon, the groups were told to attend court on Wednesday for mediation of the issue.
However, those seeking the stop-work to be continued fear the sites may have already been destroyed by this time.
The court heard, Nexus, the company tasked with construction of the $1.6 billion project, would start work on Tuesday morning if the injunction was not granted and work should have already started in those areas.
Are you pleased works have resumed on the Toowoomba bypass?
This poll ended on 18 November 2016.
Yes - 88%
No - 11%
This is not a scientific poll. The results reflect only the opinions of those who chose to participate.