Legal challenge to aerial shooting of feral horses fails

In October 2023, NSW Environment Minister Penny Sharpe amended the Kosciuszko National Park Wild Horse Heritage Management Plan, to allow aerial shooting to reduce their numbers. 

Snowy Mountains Bush Users Group Inc sought a declaration that the amended plan was invalid and that the Minister had acted in contravention of the Kosciuszko Wild Horse Heritage Act 2018.  

The group also sought an injunction prohibiting further aerial culling of horses in the national park. 

It argued the decision to permit aerial shooting was based on “incomplete and misleading advice” about animal welfare. The group also claimed the decision was legally unreasonable because of “known animal welfare risks”. 

But in a 121-paragraph judgment, Justice David Davies rejected the case, dismissing each of its grounds.  

“[I] do not consider that the Minister’s decision was made on the basis of incomplete, inadequate, misleading or unfair information,” he said. 

“The (department) Secretary was not obliged to draw to the Minister’s attention every fact its officers knew about aerial shooting outcomes in terms of animal welfare.”  

Justice Davies also pointed out that animal welfare was not the only, nor the main consideration for the minister. Other factors included minimising the environmental and heritage impact of the horses and keeping the population down, due to the natural and indigenous cultural values of the national park. 

“In circumstances where animal welfare considerations were but one factor to be considered … I do not consider that the Minister’s decision was made other than on the basis of relevant and sufficient information.”