Brumby advocate’s injunction to halt aerial cull in Yuraygir National Park dismissed
A Land and Environment Court judge ruled that the government can decide how to “remove” feral horses from Yuraygir National Park, rejecting Carmen Jackson’s last‑minute injunction.
Brumby advocate Carmen Jackson lost a bid to stop an aerial cull of feral horses in Yuraygir National Park, after the Land and Environment Court dismissed her injunction filed in late August.
Jackson argued that the National Parks and Wildlife Service (NPWS) lacked “statutory authority” to carry out aerial culling, citing the park management plan’s use of the word “removal” to describe how brumbies would be dealt with.
Justice Rachel Pepper ruled that Jackson had not provided sufficient evidence to show the cull breached the National Parks and Wildlife Act, and therefore the government retains discretion over the method of removal.
The judge wrote that “Jackson bears the burden, on the balance of probabilities, of proving that the Deputy Secretary unlawfully authorised the removal and killing of the feral horses from the planning area.”
During a September hearing, the government contended that “remove” is “very broad” and does not exclude “killing things.” Justice Pepper affirmed that the management plan, which falls under a specific section of the NPW Act, mandates the “removal of feral horses,” but characterises the means of removal as “an operational matter.”
After a brief appearance, Justice Pepper noted the judgment would be published and then stood down the court.
Jackson remains involved in separate court actions seeking to halt aerial culling in Kosciuszko National Park.
