Details behind legal bid to stop Adelaide MotoGP plans revealed

More details about a legal action to halt the South Australian government's plans for a MotoGP circuit have been revealed as works recommenced at the North Adelaide golf course. 

In Federal Court application lodged last month, a permanent injunction is being sought against the proposed MotoGP street circuit works, including any tree removal, in the Adelaide parklands.

Court documents released to the ABC revealed the latest challenge was based on similar legal arguments to those dismissed by the Federal Court on Thursday in relation to the North Adelaide golf course upgrade.

The applicant, Joshua Hogan, argued that the execution of plans for the MotoGP development, without being referred to the Federal Minister for the Environment, would be a breach of federal conservation laws.

The South Australian government has referred the proposal to the National Environmental Protection Agency. 

The Federal Court yesterday threw out a bid by public servant Edwin Kemp Attrill and Kaurna Arabana woman Janette Miler in a similar, but unrelated, case brought against the state government over the North Adelaide golf course redevelopment.

That case had also claimed that the felling of trees in the area of the golf course would be a breach of federal conservation laws. 

SA Premier Peter Malinauskas said on Friday morning that work had resumed at the golf course site "within hours of the decision being handed down".

"The contractors are back on site doing their work, following the success in the court case for the government 's position," he said.

"In order to be able to remove some of the trees that are going down, fencing has been put up around that area."

Protesters also returned to the site on Friday, after Mr Kemp Attrill said they would continue despite the court outcome.

"Even though we didn't win the case, it's not a loss. There's a growing movement to protect Adelaide's parklands," he said.

"Little by little, Adelaide's parklands over the last, well, 100 years has slowly been alienated from the people and this is a government making unpopular decisions for commercial interests and taking the parklands away from the people."

Rough sleepers moved on

Another protester, Mij Tanith, this morning raised concerns about the fate of rough sleepers who previously sheltered in the parklands.

Ms Tanith, who previously pleaded guilty to a charge of being unlawfully on the redevelopment site, said she returned to the area yesterday to discover that rough sleepers had been evicted.

She told 891 ABC Adelaide she saw "a man pleading at the locked gate to be able to go in and get his tent".

"He wanted his tent. He had nowhere to sleep, he had no notice, nowhere else to go. They weren’t letting him in," she said.

"Then the security said, 'OK you can come in', and they took him in, he bundled up all of his belongings in the dark, in the rain, in a ground sheet."

An SA government spokesperson said authorities including a homelessness support service had begun "engagement" with rough sleepers 10 days ago.

The spokesperson said people camping in the area were advised this week that "construction may commence in the coming days" and were offered "services, support and assistance" but "a number of people" had remained in the area.

"Arrangements were made for people who were not present when access arrangements changed to return and collect their possessions. In one instance, belongings were carefully packed and retained for later collection," they said.

"Where people returned after access had been restricted, arrangements were made to allow them to safely retrieve their property.

"This was not about unnecessarily displacing vulnerable people. It was about ensuring people were not placed at risk in an area where construction activity was expected to occur."