Kosciuszko Wild Horse Heritage Act 2018 | |
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Parliament of New South Wales | |
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Passed by | Legislative Assembly |
Passed | 5 June 2018 |
Passed by | Legislative Council |
Passed | 6 June 2018 |
Royal assent | 15 June 2018 |
Commenced | 15 June 2018 |
Legislative history | |
First chamber: Legislative Assembly | |
Bill title | Kosciuszko Wild Horse Heritage Bill |
Introduced by | John Barilaro |
First reading | 23 May 2018 |
Second reading | 05 June 2018 |
Third reading | 05 June 2018 |
Second chamber: Legislative Council | |
Bill title | Kosciuszko Wild Horse Heritage Bill |
Introduced by | Niall Blair |
First reading | 05 June 2018 |
Second reading | 06 June 2018 |
Third reading | 06 June 2018 |
Related legislation | |
National Parks and Wildlife Act 1974 | |
Status: Current legislation |
The Kosciuszko Wild Horse Heritage Act 2018, also known as the Brumby Bill, [1] [2] is a state-based act of parliament in New South Wales (NSW). [3] Its long title is An Act to recognise the heritage value of sustainable wild horse populations within parts of Kosciuszko National Park and to protect that heritage. [3] The Act was assented on 15 June 2018 and commenced with immediate effect. [3]
The purpose of the Act is to recognise the heritage value of sustainable wild horse populations within parts of Kosciuszko National Park and to protect that heritage. [4] This includes the creation of a 'Wild horse heritage management plan' and a Wild Horse Community Advisory Panel to ensure that a permanent population of wild horses is maintained within Kosciuszko National Park. [4]
The Act has been the subject of considerable controversy, having been criticised by media, scientific groups, academics, advocacy groups, and politicians due to allegations that it prioritises an invasive animal over the wellbeing of native species in the Kosciuszko National Park. [1] [5] [6] [7] [8]
In October 2021, whilst announcing his resignation from politics, John Barilaro stated that "the iconic Snowy Mountains Brumby was saved when I legislated the Kosciusko Wild Horses Heritage Bill 2018". [9]
Opponents of the Kosciuszko Wild Horse Heritage Act alleged that John Barilaro, who tabled the Bill, had a conflict of interest, as he had previously received political donations from former-Nationals MP for Monaro Peter Cochran. [10] [11] Mr Cochran, who runs a company that provides horseback tours to see Brumbies in Kosciuszko National Park, [11] has previously claimed to have helped write the Bill, [12] however has denied having a vested commercial interest in the Brumby Bill being enacted. [12]
The International Union for Conservation of Nature criticised the Bill after it was passed by the Legislative Assembly, [5] stating that prioritising the historical value of feral animals over native species "creates a disturbing precedent at both national and global levels". [13] The IUCN also expressed concern with the proposed make-up of the Wild Horse Community Advisory Panel, noting that "the panel does not require the inclusion of any scientific or policy experts on nature conservation". [13] These concerns have also been echoed by the Australian Academy of Science, which described the Wild Horse Heritage Act as "incompatible with the principles that underpin Australia’s world-leading protected area system, and with our commitments as a signatory to the Convention on Biological Diversity". [5]
The day after the Bill was passed into law, Professor David Watson, a member of the NSW Threatened Species Scientific Committee, resigned from the group, [14] citing the Brumby Bill's "wilful disregard" for science. [6] Academics from Deakin University have also criticised the Bill, describing it as a "backward step for environmental protection in Australia". [1]
Advocacy groups have provided differing responses to the Kosciuszko Wild Horse Heritage Act. The Invasive Species Council stated that by passing the Brumby Bill, that "the NSW Government turned Australia into a global laughing stock". [15] The Bill has also been criticised by the Ecological Society of Australia, which described it as "a dangerously reckless policy that will escalate environmental impacts, increase costs of feral horse management, and put horses at risk of extreme suffering". [16] In contrast, the Australian Brumby Alliance has praised the Brumby Bill as striking a balance "to the benefit of both the Brumbies and the Environment", and described negative responses to the Bill as "hysteria". [17]
In response to the passing of the Brumby Bill, the Invasive Species Council, National Parks Association of the ACT, National Parks Association of NSW, Colong Foundation for Wilderness, and the Nature Conservation Council of NSW founded Reclaim Kosci, a group which aims "to protect the exceptional natural heritage values of Kosciuszko National Park from the damaging impacts of feral horses". [18]
Prior to the 2019 New South Wales state election, Labor, the Greens and the Shooters, Fishers and Farmers Party had pledged to repeal the Kosciuszko Wild Horse Heritage Act. [19] In 2019, Labor MP Penny Sharpe introduced a bill to the NSW Legislative Council to repeal the Act, [20] which was never brought to a vote due to a lack of support. [21]
In 2019, Reclaim Kosci delivered to NSW parliament a petition with over 12,000 signatures, which called for the repeal of the Brumby Bill. [20] The petition was voted down by Liberal-National MPs in the Legislative Assembly despite the tradition of allowing petitions from all constituents to be tabled and noted. [22]
In 2021, Reclaim Kosci brought another petition to NSW parliament, calling for the repeal of the Kosciuszko Wild Horses Heritage Act, which gained 15,228 signatures. [23] The petition was tabled by indepentent MP Joe McGirr, and noted by then-Minister for Energy and Environment Matt Kean on 18 March 2021. [24]
The Snowy Mountains, known informally as "The Snowies", is an IBRA subregion in southern New South Wales, Australia, and is the tallest mountain range in mainland Australia, being part of the continent's Great Dividing Range cordillera system. It makes up the northeastern half of the Australian Alps and contains Australia's five tallest peaks, all of which are above 2,100 m (6,890 ft), including the tallest Mount Kosciuszko, which reaches to a height of 2,228 m (7,310 ft) above sea level. The offshore Tasmanian highlands makes up the only other major alpine region present in the whole of Australia.
The Kosciuszko National Park is a 6,900-square-kilometre (2,700 sq mi) national park and contains mainland Australia's highest peak, Mount Kosciuszko, for which it is named, and Cabramurra, the highest town in Australia. Its borders contain a mix of rugged mountains and wilderness, characterised by an alpine climate, which makes it popular with recreational skiers and bushwalkers.
The Sturt National Park is a protected national park that is located in the arid far north-western corner of New South Wales, in eastern Australia. The 325,329-hectare (803,910-acre) national park is situated approximately 1,060 kilometres (660 mi) northwest of Sydney and the nearest town is Tibooburra, 6 kilometres (3.7 mi) away.
Charlotte Pass is a snow resort and village in the Snowy Mountains of New South Wales, Australia. The pass is in the Kosciuszko National Park where the Kosciuszko Road crosses Kangaroo Ridge. Charlotte Pass is the closest village to Mount Kosciuszko, the tallest mountain in Australia.
The ACT Brumbies is an Australian professional rugby union team based in Canberra, Australian Capital Territory (ACT), The team competes in Super Rugby and named for the feral horses which inhabit the capital's hinterland. The team represents the ACT, as well as the Far South Coast and Southern Inland regions of New South Wales (NSW).
Kaimanawa horses are a population of feral horses in New Zealand that are descended from domestic horses released in the 19th and 20th centuries. They are known for their hardiness and quiet temperament. The New Zealand government strictly controls the population to protect the habitat in which they live, which includes several endangered species of plants. The varying heritage gives the breed a wide range of heights, body patterns and colours. They are usually well-muscled, sure-footed and tough.
Corroboree frogs comprise two species of frog native to the Southern Tablelands of Australia. Both species are small, poisonous ground-dwelling frogs. The two species are the southern corroboree frog and the northern corroboree frog. They are unique among frogs in that they produce their own poison rather than obtain it from their food source as is the case in every other poisonous frog species.
The Victorian Alps, also known locally as the High Country, is a large mountain system in the southeastern Australian state of Victoria. Occupying the majority of eastern Victoria, it is the southwestern half of the Australian Alps, the tallest portion of the Great Dividing Range. The Yarra and Dandenong Ranges, both sources of rivers and drinking waters for Melbourne, are branches of the Victorian Alps.
A brumby is a free-roaming feral horse in Australia. Although found in many areas around the country, the best-known brumbies are found in the Australian Alps region. Today, most of them are found in the Northern Territory, with the second largest population in Queensland. A group of brumbies is known as a "mob" or "band".
The New South Wales Office of Environment and Heritage (OEH), a former division of the Government of New South Wales between April 2011 and July 2019, was responsible for the care and protection of the environment and heritage, which includes the natural environment, Aboriginal country, culture and heritage, and built heritage in New South Wales, Australia. The OEH supported the community, business and government in protecting, strengthening and making the most of a healthy environment and economy within the state. The OEH was part of the Department of Planning and Environment cluster and managed national parks and reserves.
Barrington Tops is part of the Great Dividing Range in New South Wales, Australia, between Gloucester and Scone.
A feral horse is a free-roaming horse of domesticated stock. As such, a feral horse is not a wild animal in the sense of an animal without domesticated ancestors. However, some populations of feral horses are managed as wildlife, and these horses often are popularly called "wild" horses. Feral horses are descended from domestic horses that strayed, escaped, or were deliberately released into the wild and remained to survive and reproduce there. Away from humans, over time, these animals' patterns of behavior revert to behavior more closely resembling that of wild horses. Some horses that live in a feral state but may be occasionally handled or managed by humans, particularly if privately owned, are referred to as "semi-feral".
The Barmah National Park, formerly Barmah State Park, is a national park located in the Hume region of the Australian state of Victoria. The park is located adjacent to the Murray River near the town of Barmah, approximately 225 kilometres (140 mi) north of Melbourne. The park consists of river red gum floodplain forest, interspersed with treeless freshwater marshes. The area is subject to seasonal flooding from natural and irrigation water flows.
Peter Lachlan Cochran is a former Australian politician. He was the National Party member for Monaro in the New South Wales Legislative Assembly from 1988 to 1998. In recent years he has been known for his ongoing lobbying to keep feral horses within the Kosciusko National Park.
Kosciuszko Road is a road in the Snowy Mountains of New South Wales, Australia which runs from Pine Valley, to the ski resort of Charlotte Pass in Kosciuszko National Park.
Australia has a population of about 25 million, with the Commonwealth Government 2019 survey estimating there are 640,000 recreational hunters in the country. There are around 5.8 million legally owned guns in Australia, ranging from airguns to single-shot, bolt-action, pump-action, lever-action or semi-automatic firearms.
Brumby shooting or brumbies shooting is the practice of eradicating feral horses, or "brumbies", in Australia. It has been conducted since the 1800s, and continues into the present day. The term "brumby" was first recorded in the 1870s. Reasons for brumby shooting include, but are not limited to: demands for grazing land and water for domestic herds, sport, to maintain pastoral stations, to reduce environmental damage caused by the horses, to control disease, and to prevent possible road collisions.
Limeburners Creek National Park is a protected national park on the Mid North Coast of New South Wales, Australia. The 91.2 km national park is located 5 km (3.1 mi) to the north of Port Macquarie and exists across both the Kempsey Shire and Port Macquarie-Hastings Council local government areas, but is chiefly managed by National Parks and Wildlife Service. The area was originally erected as a nature reserve but this reservation was revoked when it became formally recognised as a national park in 2010 under the National Parks and Wildlife Act (1974). Many threatened ecological habitats and species of fauna and flora are found within this park, alongside several heritage sites of cultural significance, particularly to the local Birpai and Dunghutti people upon whose land the park exists. The protected status of this national park is largely owing to the ecological and cultural value of the area, in addition to the value of the ecosystems to further scientific research.
David M. Watson is an Australian ornithologist and ecologist who is also a scientific specialist on mistletoes. He served on the New South Wales Threatened Species Scientific Committee from 2015 until publicly resigning in June 2017 in protest after the NSW Berejiklian government passed a bill granting heritage status to feral horses in the Kosciuszko National Park.