Federal Court Rejects Challenge to SA Golf Course Redevelopment Plans

A Federal Court judge has ruled against a challenge to the South Australian government's plans to redevelop the North Adelaide golf course, a project that involves the felling of hundreds of trees.

Public servant Edwin Kemp Attrill and Kaurna Arabana woman Janette Milera had brought an action against the State Government, arguing that the redevelopment breached federal conservation laws. However, Justice Natalie Charlesworth found that there was evidence that "more than 70,000 trees will remain" in the Adelaide Parklands.

In reading out a summary of her judgement, Justice Charlesworth said, "The evidence showed that there remained a very large number of trees in the project site and in the parklands." She added, "I'm not satisfied that the depletion, or proposed future depletion, is such that it has had, will have or is likely to have significant impact on species."

Justice Charlesworth also noted that the government did not dispute the importance of the parklands for the Kaurna people, saying, "Nothing in the findings should be understood as diminishing the significance of the parklands for the Kaurna people — that … was not disputed by the respondent."

Outside court, Mr Kemp Attrill expressed concerns about the potential costs of the case, saying, "It will probably make us bankrupt, both of us." He added, "This is a public interest case; we have had nothing to gain and everything to lose."

Mr Kemp Attrill also stated, "We didn't win this case, but we didn't lose because we fought … you only lose if you don't fight." He said they would consider appealing the judgment once they had read it.

Ms Milera highlighted the cultural significance of the parklands, saying, "The parklands for me are like Ayers Rock are for them mob up there. Ayers Rock's sacred to them and the spiritual place, and the parklands are sacred."

The applicants have 28 days to file an appeal against the decision. Justice Charlesworth ordered that the injunction on the works at the North Adelaide golf course lift immediately, despite the 28-day appeal period. The court also ordered that lawyers for the government inform the court by October 22 if they wished to file an order for costs against Mr Kemp Attrill and Ms Milera.