‘No gloating’: Judge makes call on controversial court case
There were tears in the courtroom as a high-profile park lands judgment was delivered today.
Federal Court Judge Natalie Charlesworth has dismissed claims that a $45 million North Adelaide Golf course project violated national environment and heritage laws.
Charlesworth delivered her ruling in Victoria Square’s federal court building on Thursday afternoon to a courtroom full of park lands supporters, including some who shed tears hearing the verdict.
The high-profile case was brought by public servant Edwin Kemp Attrill and Kaurna traditional owner Janette Milera in June.
It was dismissed, and Kemp Attrill and Milera now have 28 days to appeal.
A past ruling which required the government to give Kemp Attrill and Milera notice if they planned on removing large trees has also been lifted.
Kemp Attrill and Milera said outside the courtroom today that they would decide on appeal options after they had read the judgment in full.
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Kemp Attrill and Milera’s lawyers argued the North Adelaide Golf Course Plans should have been referred to the Federal Environment Minister to test the project against the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
The state government, represented by lawyer Alison Doecke KC, argued the project did not meet the threshold for referral to the Federal Environment Minister.
Charlesworth ruled in favour of the government, saying “at the completion of the project there will remain in the park lands more than 70,000 trees”.
Charlesworth said tree felling and buildings rising on the park lands did not disturb the landscape “in a way that is likely to constitute a significant impact”.
Premier Peter Malinauskas said that while the government welcomed the result, “no one’s getting excited”.
“No one’s celebrating, no one’s gloating, we just want to get on with the job of delivering for the people of South Australia what really should be basic: it’s just improving a public facility for the public,” Malinauskas said.
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The costs of the case have not yet been disclosed.
Asked about pursuing legal costs against Kemp Attrill and Milera, the Premier said the 700-paragraph judgment needed to be examined before a decision was made.
“There also needs to be consideration around the protection of South Australian taxpayers’ interests; there are costs to taxpayers here,” he said.
“We have a duty to get the best possible outcome for taxpayers.”
Kemp Attrill and Milera said today the result could “bankrupt” them.
Kemp Attrill has already raised about $70,000 via a GoFundMe, which he said went to court fees. His lawyers worked pro bono.
“Obviously, we didn’t get the outcome that we were hoping for,” Kemp Attrill said.
“We didn’t win this case, but we didn’t lose. I think because we fought, you only lose if you don’t fight.
“And we’re proud to have taken on this fight, and we’re going to continue to fight because our park lands belong to the people, and they need to be protected.”
Kemp Attrill and Milera were greeted by supporters chanting “we won’t stop” when they exited the court building, the crowd including Adelaide Park Lands Association President Mat Monti, Greens federal senator Barbara Pocock and Adelaide city councillor Janet Giles.
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