Read The Times Australia

Daily Bulletin

National parks are for native wildlife, not feral horses: federal court

  • Written by: Don Driscoll, Professor in Terrestrial Ecology, Deakin University

Today, the federal court ruled feral horses can be removed from the Victorian high country.

The case was brought by the Australian Brumby Alliance against the Victorian Government in 2018. Since then, the strategic management plan for feral horses has been shelved, allowing feral horse numbers to increase without control.

In the northern area of Kosciuszko National Park numbers jumped from an estimated 3,255 in 2014 to 15,687 in 2019, in the absence of any management.

Read more: Double trouble as feral horse numbers gallop past 25,000 in the Australian Alps

Expanding numbers of feral horses roaming the Australian Alps – which are listed as a national heritage site – threaten the alp’s ecosystems, soils and unique species. More feral horses is also an animal welfare issue, as horses face starvation during droughts and have been hit by cars in Kosciuszko.

National parks are for native wildlife, not feral horses: federal court Feral horses cause extensive damage to fragile ecosystems. Shutterstock

The ruling is a victory for national parks, which can once again be managed to protect native Australian ecosystems and species. But it stands in stark contrast to the NSW government’s controversial legal protection of feral horses.

Taken to court

The Victorian Government’s strategic action plan, released in 2017, was to remove all horses from the Bogong High Plains, where around 100 horses caused cumulative damage to sensitive alpine ecosystems.

The plan also aimed to trap horses in the eastern Victorian alps, but at a rate so low it was unlikely to make a dent in horse numbers.

Not satisfied with retaining thousands of horses in the eastern alps, in 2018, the Australian Brumby Alliance took out a court injunction to stop horse removal from the Bogong High Plains and prevent substantial reduction in horse numbers in the eastern alps.

High stakes

Twenty-five thousand feral horses in Australia’s alpine parks have damaged peat wetlands listed as threatened under federal and state legislation. Recovery will take decades to centuries.

Feral horses have also eliminated multiple populations of the native broad toothed rat and are a threat to other native species like the corroboree frog and mountain pygmy possum.

And habitat degradation and loss caused by feral horses is officially listed as a threatening process in Victoria and NSW.

National parks are for native wildlife, not feral horses: federal court Feral horse damage to a swampy area as they trample over important wetlands. Meg McKone, Author provided

If the court had ruled in favour of the Australian Brumby Alliance’s case, it would have locked in escalating threats to the environment, including threatening already endangered species such as the alpine she-oak skink.

It would also have given at least informal legitimacy to NSW legislation that protects feral horses in Kosciuszko National Park.

Read more: Passing the brumby bill is a backward step for environmental protection in Australia

And possibly most damaging, it could have emboldened claims by brumby groups that feral horses should take priority over conservation in other contentious horse hotspots, such as Barmah, Oxley Wild Rivers, Blue Mountains, Guy Fawkes and Barrington Tops National Parks.

National parks are for native wildlife, not feral horses: federal court Feral horses have eliminated broad toothed mouse populations in the Alps. Ken Green, Author provided

A matter of cultural heritage

The Australian Brumby Alliance argued removing horses from the alps would compromise its heritage value. They claimed feral horses are part of that heritage, including part of the mountain vistas, the pioneering heritage and myths and legends such as the Man from Snowy River.

The counterpoint from Parks Victoria was that it’s possible to remove horses from the alps while protecting the area’s cultural heritage.

It would be like taking cattle out of the high country, but nevertheless recognising pioneering exploits by preserving cattlemen’s huts.

National parks are for native wildlife, not feral horses: federal court These high plains will now be protected from feral horses. Don Driscoll, Author provided

So what did Judge O'Bryan make of this? In a nutshell, the Australian Brumby Alliance did not have a legal hoof to stand on.

He rejected the Australian Brumby Alliance’s argument the Bogong High Plains horse population was likely to be genetically different from other feral horse populations in a way relevant to the case, and rejected claims feral horses could be beneficial to alpine ecosystems.

Judge O'Bryan also rejected the contention that the brumbies are part of the National Heritage values of the Australian Alps and accepted the evidence that feral horses cause substantial environmental damage.

The ruling acknowledged Parks Victoria’s strategic plan to control feral horses was consistent with legal obligations under the Convention on Biological Diversity, the federal EPBC (Environment Protection and Biodiversity Conservation) Act and the state’s Flora and Fauna Guarantee Act.

National parks for nature

Laws and the management of protected areas that reduce their integrity are a global concern. A 2017 study found one-third of Australia’s protected areas had been downgraded, reduced in size or had protection removed to make way for tourism ventures and other developments, like Snowy 2.0 in Kosciuszko National Park.

Kosciusko has faced the brunt of recent downgrading, notably where the NSW government voted to legally protect feral horses in 2018.

This unilateral decision has caused substantial concern for Victoria and the ACT as they face ongoing risks of feral horse incursions from NSW into their own protected areas.

The Australian Brumby Alliance’s court case threatened similar downgrading for Victoria’s alpine parks. However, state, federal and international laws, that place obligations on Australian governments to conserve native species and ecosystems in protected areas, have helped restore sensible park management.

Protecting natural heritage

Toyay’s federal court ruling upholds the right of state agencies to carry out their legal obligations. And it meets the general expectations of Australian society that our national parks exist to conserve native Australian ecosystems and species, particularly as extinction rates in Australia continue at unprecedented rates.

Read more: Feral cat cull: why the 2 million target is on scientifically shaky ground

It also reflects the intent of nature conservation laws. National parks are for conserving our natural heritage, the product of millions of years of evolution on this continent.

Brumby advocates concerned about recent European heritage in Australia can protect horses outside of national parks, an approach pioneered successfully in South Australia.

Authors: Don Driscoll, Professor in Terrestrial Ecology, Deakin University

Read more https://theconversation.com/national-parks-are-for-native-wildlife-not-feral-horses-federal-court-138204

Business News

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How Long Does Interstate Freight Take in Australia?

If you have ever arranged for stock, equipment or materials to travel from one Australian state to a...

How AEC Firms Can Scale Faster Without Sacrificing Project Quality

Growth presents a fundamental dilemma for architecture, engineering, and construction firms: expan...

What Makes an Aesthetic Clinic Worth Going Back To?

Trying an aesthetic clinic for the first time can feel like a bit of a gamble. You can read review...

Elevate Your Morning Routine with Cafe-Style Coffee at Home with the Right Coffee Machine

There's something magical about that first sip of coffee in the morning. It’s more than just a bev...

Top Garment Steamers for Busy Professionals in Australia

The gap between garment steamers built for a quick touch-up and ones built to keep pace with a wor...

Correct Sleeping Posture to Minimize Back Strain

Most people don’t pay much attention to how they sleep until they start waking up with a stiff bac...

Why Product Longevity Matters for Sustainable Australian Buildings

Sustainability in building design is often associated with recycled materials, renewable resources a...

NDIS Support Coordination Explained: What Does a Support Coordinator Actually Do?

NDIS support coordination explained means understanding how a professional can help participants n...

When Should You Speak with Divorce Lawyers in Sydney?

Divorce involves more than completing an online application. It can affect parenting arrangements, p...