A RIVERLAND council will remove a group of trees on the Waikerie river front, following a legal review that cost ratepayers almost $10,000.
The District Council of Loxton Waikerie (DCLW) was forced to postpone the removal of the eight athel pine trees after Waikerie resident John Pick and Waikerie District Ratepayers’ and Residents’ Association chairperson Eva Sherriff requested an internal review of the decision in September.
The announcement of the removal prompted outrage from several Waikerie residents, with some calling for community consultation on the matter.
Athel pines are classed as a pest under state law and must be “controlled” when situated within 100 metres of a waterway, with removal one of the possible control measures.
The review, conducted by Adelaide-based Kelledy Jones Lawyers, found DCLW chief executive officer David Beaton’s decision to remove the trees was “not unreasonable or unsupportable”.
Mr Beaton’s decision was supported by the Murraylands and Riverland Landscape Board and the Department for Environment and Water.
The review, which cost $9400, also found Mr Beaton was right to consider the issue of controlling the trees without any authority from elected members.
“We find that it was a reasonable decision to make in the circumstances, a decision open to be made on the facts before the CEO, a decision made in the public interest and not based on a flawed process,” the report concludes.
“Further, it cannot be said that the actions and behaviours of any employee or elected member have been in breach of their public officer obligations.”
Mr Beaton said it was unclear when the trees would be removed.
“With the way things are with COVID we just need to sit down and work out when the contractors will be able to come and do it,” he said.
Mr Beaton said the cost of the review would come from the almost $500,000 budgeted by council for the Waikerie river-front development.
The area will be replanted with new plant species as part of the river-front project.
The Kelledy Jones report has now been referred to the South Australian Ombudsman for further review.