Brumby cull able to proceed but cattleman vows to appeal court ruling

The culling of brumbies in Victoria's alpine areas could begin by mid-June after Omeo cattleman Phil Maguire lost his court bid to prevent ground shooting, but Mr Maguire has indicated he plans to appeal the decision.

Mr Maguire alleged that Parks Victoria was required by law to consult with the
community in relation to its decision to cull feral horses using ground shooting in the Alpine National Park, and that it failed to do so.

But on Friday, Justice Stephen Moore ruled Parks Victoria was not required to consult with the community in relation to culling brumbies, and ordered the plaintiff pay the court costs for Parks Victoria.

He said Mr Maguire did not have the standing to bring the proceeding and dismissed the case.

Mr Maguire said he accepted the court's decision but did not agree with it: "The judge seems to be saying that Parks Victoria can do whatever they like in national parks, that they don't need to consult with the public or anyone else," he said. "That’s hardly a suitable state of affairs."

He confirmed he was considering appealing the Supreme Court decision.

Parks Victoria told the court that if Mr Maguire files an application for leave to appeal to the Court of Appeal by June 4, it would not commence ground shooting of horses before June 12.

But if Mr Maguire does not file leave to appeal, Parks Victoria said it would not commence culling before June 9.

The agency plans to deploy small teams of professional shooters, overseen by veterinarians, to cull horses in remote areas at night using thermal imaging and silenced guns.

Previously, horses have been lured into yards and trapped, then captured or removed. The feral horse population has soared in the past five years — from about 9200 in 2014 to 25,300 in 2019 across the Australian alps.

In early May the Federal Court gave Victoria the green light to trap and cull brumbies in the high country, where scientists say they are damaging the habitat of critically endangered species in the wake of the summer bushfires.

Parks Victoria says there is a pressing need for feral animal control following the bushfires, with many parts of the alpine region heavily burnt and only tiny areas of green fringing waterways.

The Invasive Species Council welcomed the Victorian Supreme Court’s decision.

“Parks Victoria will now be able to implement their horse removal plan and stop Bogong High Plains becoming ‘Bogong Horse Plains’,” said Andrew Cox, chief executive of the Invasive Species Council .

“This will be a big relief for bushland trying to regenerate from the devastating summer bushfires and had been under pressure from grazing and trampling by introduced animals," Mr Cox said.

The Victorian National Parks Assocation also welcomed the court decision.

“This is the second time recently that Parks Victoria has been taken to court by horse supporters, and it’s the second time Parks Victoria’s efforts to greatly reduce horse numbers have been validated by law”, says spokesperson Phil Ingamells.

"Horse supporters seem determined to make good management of our ancient alpine habitats difficult”.