A South Australian public servant is taking the state government to court, alleging it failed to properly refer the controversial North Adelaide Golf Course to the federal environment minister for approval.
Edwin Kemp Attrill’s lawyer plans to lodge an injunction in the Federal Court this week which will call for the work to come to a halt.
SA Premier Peter Malinauskas said almost all of the 585 trees that were set to be removed from the Adelaide Parklands to make the golf course up to standard for LIV Golf and the Australian Open had already been removed.
Some trees are yet to be removed for a new driving range at the golf course.
On Monday morning, Mr Kemp Attrill told 891 ABC Adelaide a judge who agreed to apply an injunction could order all works to cease immediately at the golf course and instead refer the project to Federal Environment Minister Murray Watt for him to approve or reject.
An excavator grabs a felled tree at the North Adelaide Golf Course. (ABC News: Carl Saville)
Mr Kemp Attrill said the state government should have referred the development to Mr Watt if there was a likelihood the work would impact on national heritage or environmental values of the site, because of the its place on the National Heritage List.
“This is a genuine legal question utilising the separation of powers to say this government is not above the law and this continual erosion of the parklands needs to stop,” he said.
‘Shocking’ impact of development
The state government announced last February that LIV Golf tournament would move to the North Adelaide Golf Course in 2028.
Legislation passed last June to put that part of the parklands under government control and on May 11 this year work started to move the trees needed for the golf course’s redesign.
A concept design for the $45 million redevelopment of the North Adelaide Golf Course released last December. (Supplied: SA government)
Mr Kemp Attrill said it was only then, when he saw trees being cut down while he was walking in the parklands, that he became aware of the project and its impact.
“It was so shocking,” he said.
“I had no idea that anyone, let alone a government, could remove such significant trees from a place which is designated for the protection of nature.”
Hundreds of protesters gathered on the steps of Parliament House on May 13. (ABC News: Briana Fiore)
Precedent for other cases
Mr Kemp Attrill is being represented by lawyer Ted Hui, a former pro-democracy Hong Kong politician.
While Mr Hui is taking on the case pro bono, he said Mr Kemp Attrill could still have to pay the government’s costs if the case failed, which could amount to between $50,000 and $100,000.
Lawyer Ted Hui is taking on the case pro bono. (ABC News: Marco Catalano)
He said success could set a precedent for other planned developments of the parklands, including the MotoGP that is due to take place late next year.
“If our plan wins, it’s going to be a lot of strength on the people, so the government will feel the people’s resistance, so it will be respecting the people a bit more about the future and where to go,” Mr Hui told 891 ABC Adelaide.
Mr Hui raised the prospect of Mr Kemp Attrill losing his job at the South Australian Department of Human Services, something his client repeated on Monday morning.
But the premier said that would not happen.
Premier Peter Malinauskas announcing last month that the men’s Australian Open golf tournament will be held at North Adelaide from 2028. (ABC News: Daniel Taylor)
“I have no doubt that there is a desire for martyrdom here but we’re not going to do that,” Mr Malinauskas said.
He said many of the trees were much younger than the 100 years old Mr Kemp Attrill had said.
“We’re taking a golf course that had the trees planted there for the purposes of a golf course — I think in the 70s — and we’re upgrading that golf course to make it better for public use and public amenity,” he said.