Two South Australians have failed in a bid to stop the felling of trees as part of the North Adelaide golf course redevelopment.
Public servant Edwin Kemp Attrill and Kaurna Arabana woman Janette Milera brought the action against the State Government in the Federal Court earlier this year arguing the redevelopment was in breach of federal conservation laws.
The Federal Court trial heard last month that 400 trees had been cut down to date, with the government previously saying 585 would ultimately go.
In reading out a summary of her judgement, Justice Natalie Charlesworth said there was evidence brought before the court during the trial that “more than 70,000 trees will remain” in the Adelaide Parklands.
“The evidence showed that there remained a very large number of trees in the project site and in the parklands,” she said.
“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.”
[golf course]
Justice Charlesworth added that during the proceedings the government did not diminish the importance of the parklands for the Kaurna people, and that the court’s findings shouldn’t be viewed that way.
“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,” she said.
Justice Charlesworth ordered that lawyers for the government inform the court by October 22 if they wished to file an order for costs against Mr Kemp Attril and Ms Milera.
Mr Kemp Attrill and Ms Milera 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.
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