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Public servant faces $4m damages bill in golf course fight

From ABC Australia · () English

Summarized and contextualized by DistantNews.

At a glance

News Sources not specified In the courts
  • A South Australian man faces a potential $4 million damages bill if his legal challenge halts the controversial North Adelaide Golf Course redevelopment.
  • The state government is pushing forward with the $45 million redevelopment, which includes removing 585 trees, to secure hosting rights for the LIV Golf tournament until 2031.
  • The man argues the government should have sought federal environmental approval due to the site's National Heritage List status, while the government claims the development won't significantly impact heritage or environmental values.

A legal battle is brewing in South Australia over the controversial redevelopment of the North Adelaide Golf Course, with a public servant facing a potential $4 million damages bill if his legal action halts the project.

Edwin Kemp Attrill intends to file an injunction in the Federal Court to stop works in the Adelaide Parklands. The $45 million redevelopment, funded by the state government, was approved after legislation was passed to transfer control of the parkland section from the Adelaide City Council. This move is linked to securing hosting rights for the LIV Golf tournament from 2028 to 2031.

The project has already sparked protests, particularly after 585 trees were marked for removal, with chainsaws beginning work in May. Kemp Attrill contends that the state government failed to refer the redevelopment to the federal Environment Minister, Murray Watt, for assessment, given the site's inclusion on the National Heritage List and the potential impact on its environmental and heritage values.

The actual cost to the state of any potential delay brought by this action would be closer to $40,000 per day to temporarily stand down works. If demobilisation and subsequent remobilisation were required, further costs in the order of $3 million to $4 million may be incurred by the state.

โ€” Crown solicitorDetailing the potential financial damages the state could incur if works are halted due to legal action.

In response, the Crown solicitor informed Kemp Attrill that the state would contest the proceedings. The solicitor detailed that any delay caused by the injunction could cost the state approximately $40,000 per day in stood-down works. Furthermore, demobilization and remobilization expenses could escalate the costs to between $3 million and $4 million, potentially including contractor delay claims and project disruption costs.

The state government maintains that the development complies with the Environment Protection and Biodiversity Conservation Act, asserting that it does not alter the key attributes that led to the parklands' heritage listing nor significantly impact the local grey-headed flying fox population. Despite the threats, Kemp Attrill has stated he "won't be intimidated."

I won't be intimidated

โ€” Edwin Kemp AttrillResponding to the threat of a significant damages bill from the state government.
DistantNews Editorial

Originally published by ABC Australia. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.