Today the NSW Land and Environment Court has rejected an application from pro-brumby activists to halt aerial culling in Kosciuszko National Park.
Judge Robson told the court that no breach of the Prevention of Cruelty to Animals Act or Standard Operating Procedures had been established and rejected the application for an injunction.
Invasive Species Council CEO, Jack Gough said:
‘We are pleased that the ongoing removal of feral horses from Kosciuszko National Park will continue through the use of aerial shooting. This is necessary to save our native animals and protect our mountain streams.
‘We have full confidence that national park staff are undertaking these important operations professionally, safely and humanely, as has been confirmed by numerous independent reviews, including by the RSPCA and vets.
‘No one likes to see animals killed, but the sad reality is that we have a choice to make between urgently reducing the numbers of feral horses or accepting the destruction of sensitive alpine ecosystems and habitats, and the decline and extinction of native animals.
‘We’ve seen a number of previous cases now in Victoria and NSW where a small group who don’t want to see a single horse removed are trying to frustrate the important work of our national park staff. To date all of these court cases have been overturned.
‘This is one of the most closely scrutinised feral animal control programs anywhere in the world. Independent veterinary reviews and assessments by the RSPCA have consistently found that animal welfare is prioritised and that aerial control is being carried out to the highest possible standards.
‘We hope this decision allows park managers to focus on what matters most: restoring Kosciuszko’s internationally significant alpine environment and giving its unique plants and animals the best possible chance of survival.’
Information on all the previously lost court cases:
VIC:
- Court cases in Victoria (1) Australian Brumby Alliance Inc v Parks Victoria. Judge: O’Bryan J. Date of judgment: 8 May 2020. Available online at https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2020/605.html (Or go to https://www.austlii.edu.au/ and search on ‘Australian Brumby Alliance Inc v Parks Victoria’.)
- Australian Brumby Alliance Inc v Parks Victoria. Supreme Court of Victoria. Judge: O’Meara J. Heard: 1 and 2 December 2022. Judgement: 8 February 2023. [2023] VSC 26. Available online at https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC/2023/26.html (Or go to https://www.austlii.edu.au/ and search on ‘Australian Brumby Alliance Inc v Parks Victoria’.)
- Maguire v Parks Victoria [2020] VSC 303 (29 May 2020). Available online at https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC/2020/303.html (Or go to https://www.austlii.edu.au/ and search on Maguire v Parks Victoria). Subsequent appeal VSCA 172 (25 June 2020) Both dismissed.
NSW:
- Snowy Mountains Brumby Sustainability & Management Group Incorporated v State of New South Wales [2020] NSWLEC 92. Judgement. The SMBSMG sought to restrain the State of New South Wales and the Chief Executive of the National Parks and Wildlife Service from completing wild horse management activities in Kosciuszko National Park. Justice Duggan dismissed the case.
- Snowy Mountain Bush Users Group Inc v Minister for the Environment [2024] NSWSC 1040. Judgement. Dismissed with SMBUG ordered to pay costs.