Politics
Golf course in court as parklands protesters take on SA government
Key Points
Golf course protesters take on SA government in Federal Court over parklands project In short: An attempt to halt the state government's redevelopment of the North Adelaide golf course has gone to the Federal Court. A public servant and a Kaurna Arabana woman are challenging the controversial redevelopment involving the felling of more than 500 trees. The trial is expected to take five days, with government lawyers to present their response on Wednesday.
Golf course protesters take on SA government in Federal Court over parklands project
In short:
An attempt to halt the state government's redevelopment of the North Adelaide golf course has gone to the Federal Court.
A public servant and a Kaurna Arabana woman are challenging the controversial redevelopment involving the felling of more than 500 trees.
What's next?
The trial is expected to take five days, with government lawyers to present their response on Wednesday.
In what's been described as a David and Goliath battle, a trial has begun in the Federal Court, with two South Australians challenging the state government's redevelopment of the North Adelaide golf course.
Public servant Edwin Kemp Attrill and Kaurna Arabana woman Janette Milera are challenging the redevelopment, arguing it is in breach of federal conservation laws.
In front of other protesters opposed to the parklands project outside court, Mr Kemp Attrill said the unfolding legal process was "very nerve-wracking".
"It's a big uphill battle for us but we're really proud to be standing here," he said.
Ms Milera said she was taking action because she thought it was the right thing to do.
"This case is about respecting cultural tradition and truth telling," she said.
For [SA Premier] Peter [Malinauskas], it's a new golf course. For me, it's a bloodline.
"This case we're doing is because the parklands belong to the people and they need to be protected."
The state government announced its plan to redevelop and expand the golf course, as part of its bid to move the LIV Golf tournament into the city.
It said 585 trees would be cut down in the process, to be replaced with new plantings.
The state government passed laws earlier this year, taking control of that part of the parklands away from the Adelaide City Council, to allow it to go ahead with the redevelopment.
But the removal of trees sparked protests and the legal action taken by Mr Kemp Attrill and Ms Milera.
In his opening address, the lawyer for the pair, Arturo Dal Cin, told the court the Adelaide parklands were given national heritage listing in 2008.
He said more than 400 trees had already cut down at the golf course — a number he said accounted for 15 per cent of all the trees in the area marked for the first stage of the development.
"Recognition of parklands necessarily includes recognition of established trees, because a necessary element of parklands is established, mature trees," Mr Dal Cin said.
He said the works have impacted the national heritage values of the parklands.
"A fundamental issue in this case, one of the fundamental issues, is the extent to which your Honour finds the removal of trees to this scale to be a significant impact on what the appellants will be contending is a national heritage value — namely the parklands and their protection,"he said.
Mr Dal Cin said evidence would also be presented during the trial about the impact on Aboriginal cultural heritage and on local flying fox populations.
'Assault on democracy'
Before going to court, government lawyers wrote to Mr Kemp Attrill, warning him he could be liable for $4 million in costs if he lost.
Outside court, Mr Kemp Attrill said the government had not backed down.
"It's really concerning to us that in a public interest case the government has continued to say that they will essentially crush us if they win," he said.
"We think that's incredibly unfair and it's an assault on democracy in South Australia."
Premier Peter Malinauskas said his government has acted lawfully.
"All the advice that I've received from the relevant agencies is they've sought to comply with all requirements as they've gone through it," he said.
"I've said all along that any individual is welcome to take up their rights to challenge things in court, as is being done in this particular instance."
The trial is expected to take five days, with government lawyers to present their response on Wednesday.
SA (ORG)
Federal Court (ORG)
North Adelaide (LOCATION)
the Federal Court (ORG)
Kaurna Arabana (PERSON)
David (PERSON)
Goliath (PERSON)
South Australians (ORG)
Edwin Kemp Attrill (PERSON)
Janette Milera (PERSON)
Kemp Attrill (PERSON)
Ms Milera (PERSON)
Peter (PERSON)
the Adelaide City Council (ORG)
Arturo Dal Cin (PERSON)