Transcript - ABC 891 - Morning Show - 10 Sept 2009

SUBJECTS: BER projects result in loss of Significant Trees

Matthew ABRAHAM: ...behind closed doors...had this meeting and, marked confidential...and it's not the biggest fault you could find, I think, but they deal with the damage and removal of two Eucalyptus trees at Walford College on Unley Road. We've talked with David Pisoni about this, it's an issue that's been raised in Messenger newspapers and elsewhere. It's an issue though, that may have Federal implications or national implications because the documents that we have sighted show that the legal advice to the council is that there is now some doubt as whether these trees are Significant Trees, even though they fit the classic guidelines of Significant Trees and that is that they exceed the minimum of 2 metres circumference, or are 1 metre above natural ground. There have been recent amendments to the development regulations to facilitate the Nation-Building Program that appears to impact on this situation and as we understand it, and we'll talk to the Unley Council. The council has decided to go ahead anyway. Their legal advice, provided by Griffin Hilditch Solicitors, barrister Kym Tredrea, is that on probability they have a case here and they are going to prosecute whoever is responsible for this. Walford's solicitors submitted that they, for instance said that they did not, for instance, need that's Botten Levinson, indicated that the State Co-ordinator-General's approval has had the legal affect of removing the status of the trees as Significant Trees under the Development Acts. As a consequence, Botten Levinson advises that there is no requirement for the school to lodge a Retrospective Development Application. The trees are gone...

David BEVAN: ...the trees are gone...

ABRAHAM: ...it looks like the woodchips are flying everywhere. In a moment, Ray Pinkham, Chief Executive Officer of Unley City Council (unclear) call into Julia Gillard's office and the office of Rod Hook, Co-ordinator-General is overseas at the moment...normally very accessible. Chris Pyne, the Shadow Minister for Education has been prosecuting the case against, I suppose, some of the regulations and spending on these projects. Chris Pyne, good morning to you.

Christopher PYNE: Good morning Matthew.

ABRAHAM: Christopher Pyne, were you aware that Significant Trees were no longer 'significant' under...when it's a project covered by the Nation-Building...Building the Education Revolution funding?

PYNE: Well what Botten Levinson would be getting at is the so-called Building the Education Revolution, which some people are calling the Julia Gillard Memorial School hall program. When that was introduced, local development hall projects required were suspended. And that means that so-called Significant Trees, which in normal circumstances would not be able to be touched, without approval by the council, are no longer Significant Trees for purposes of a school development under the Building the Education Revolution, so Botten Levinson is probably quite correct. That in fact, Julia Gillard is suspending the local development rules has ensured that trees which are otherwise protected will not be protected and of course also we're finding across Australia that school Assembly Halls, school resource centres and libraries are being built in places where local residents were previously able to stop them being built. Right up against houses and car parks...right up against houses which previously would not have been allowed has occurred in Walford.

ABRAHAM: Now the Council barrister, Kym Tredrea, and the advice that we have here being provided to the program is that they argued that the trees not, it is strongly argued that the trees were not located on the site, inverted commas, and the project, consequently exemption...does not apply. The trees are Significant Trees and we will put that aside. That is a bonfire that will go on and, you know, Walford has apologized to the local community for the loss of the trees and says that it was not intended in any way, shape or form. They had hoped to protect the trees. But Christopher Pyne, moving onto the wider issue, the question of a significant tree...should a Significant Tree be a Significant Tree, whatever you doing?

PYNE: Well I think so, of course it should be. The whole farce about the Government suspending the local development rules for this School Stimulus debacle is that in Round 3 of the School Stimulus debacle, my understanding is that the local development rules have been put back! So at one point, it was absolutely imperative local development rules have been suspended and get these buildings up as quickly as possible and as badly as possible and most expensively as possible. And now that the Co-ordinator-General, the Australian Co-ordinator-General raised real concerns about this entire program, my understanding is that the local development rules have been put back in! So one moment they're absolutely imperative to go, the next minute it's absolutely imperative that they're back but the poor old trees, that were Significant one day and not Significant the next, they're gone!

ABRAHAM: Than you Christopher Pyne. We do have a call in to Julia Gillard's office and we are hoping to talk to her in the near future over a number of issues that have bottled up over this.

(ends)