Media release – Invasive Species Council, 21 August 2024

NSW Supreme Court dismisses legal challenge to feral horse control

The NSW Supreme Court has today comprehensively dismissed a legal challenge from a pro-feral horse group seeking to overturn the use of aerial shooting in Kosciuszko National Park. The Snowy Mountain Bush Users Group Inc has been order to pay taxpayers costs.

Jack Gough, Advocacy Director of the Invasive Species Council said:

‘We are pleased that the ongoing removal of feral horses from Kosciuszko National Park will continue through the use of aerial shooting.

‘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.

‘This is a comprehensive dismissal of a deeply flawed legal challenge by a small group who don’t want to see a single horse removed from Kosciuszko National Park.

‘The original grounds for the challenge were that there were animal welfare issues or problems with the scientific count of horses. The plaintiffs then dropped these grounds when they clearly realised they had no hope of success.

‘Instead they focussed on a narrow procedural argument which the Supreme Court has thrown out. The court has also ordered this group to pay the taxpayers costs of defending this case.

‘We have now seen 7 cases 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. Every single one of these court cases have been dismissed.

‘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.

‘A Senate Inquiry questioned the constitutional validity of this legislation and its ability to comply with both the EPBC Act and the NSW Kosciuszko Wild Horse Heritage Act 2018.

‘With Labor, the Liberals, the Greens and key independents all committed to urgently removing feral horses from the Snowies, the Parliament must now step in and step up to fix this law urgently.

‘We may not like it, but culling by highly trained professionals is the only viable way of reducing numbers and saving the national park and our native animals that live there.’