Mass brumby culls can continue as legal challenge fails

The NSW government's shooting of brumbies from helicopters in Kosciuszko National Park can continue after a judge dismissed a challenge by a local non-profit group.

The pro-brumby Snowy Mountains Bush Users Group filed legal action against Environment Minister Penny Sharpe in the NSW Supreme Court in June in a bid to stop the aerial culling, which was approved in October 2023.

After a three-day hearing in July, Justice David Davies handed down his judgment on Wednesday and dismissed the case.

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In its lawsuit, the organisation claimed the decision to use aerial shooting as a means to control brumbies was "infected by error of law".

Their lawyers told the court aerial shooting without preference for other control methods was "unnecessarily or unjustifiably" inflicting pain upon the horses and was an act of animal cruelty.

As part of its legal loss, the group will have to pay the government's legal costs of defending the case.

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Parts of the park have remained closed during autumn and winter as shooting operations took place to reduce horse numbers, which surged when rehoming was favoured under the previous Coalition governments.

Previous counts showed there were more than 20,000 wild horses in the park, according to government estimates, posing a risk to the delicate alpine ecosystem.

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