Kosciuszko Wild Horse Heritage Act 2018 (NSW)

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Kosciuszko Wild Horse Heritage Act 2018
Parliament of New South Wales
  • An Act to recognise the heritage value of sustainable wild horse populations within parts of Kosciuszko National Park and to protect that heritage.
Passed byLegislative Assembly
Passed5 June 2018
Passed byLegislative Council
Passed6 June 2018
Royal assent15 June 2018
Commenced15 June 2018
Legislative history
First chamber: Legislative Assembly
Bill titleKosciuszko Wild Horse Heritage Bill
Introduced byJohn Barilaro
First reading23 May 2018
Second reading05 June 2018
Third reading05 June 2018
Second chamber: Legislative Council
Bill titleKosciuszko Wild Horse Heritage Bill
Member(s) in chargeNiall Blair
First reading05 June 2018
Second reading06 June 2018
Third reading06 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]

Reactions and critiques[edit]

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]

Petitions calling for repeal[edit]

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 Coalition 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 independent MP Joe McGirr, and noted by then-Minister for Energy and Environment Matt Kean on 18 March 2021.[24]

Constitutional validity[edit]

On 13 October 2023, the Environment and Communications Reference Committee of the Australian Senate released a report questioning the constitutional validity of the Brumby Bill.[25] Section 109 of the Australian Constitution dictates that in the circumstance of a state and federal law contradicting one another, the federal law (in this case the Environment Protection and Biodiversity Conservation Act 1999) takes precedent, rendering the Brumby Bill inoperable in the event of a challenge in the High Court. The report stated that the Brumby Bill "proposes significant limitations to protecting...highly vulnerable threatened species" by preventing the culling of the wild horses.[26]

See also[edit]

References[edit]

  1. ^ a b c Driscoll, Don; Ritchie, Euan; Doherty, Tim (7 June 2018). "Passing the brumby bill is a backward step for environmental protection in Australia". The Conversation. Retrieved 4 August 2022.
  2. ^ "Kosciuszko National Park Wild Horse Heritage Bill 2018". Australian Brumby Alliance. Australian Brumby Alliance. Retrieved 4 August 2022.
  3. ^ a b c "Kosciuszko Wild Horse Heritage Bill 2018". Parliament of New South Wales. NSW Government. Retrieved 4 August 2022.
  4. ^ a b "Kosciuszko Wild Horse Heritage Act 2018 No 24". NSW Legislation. NSW Government. 15 June 2018. Retrieved 4 August 2022.
  5. ^ a b c Hannam, Peter (6 June 2018). "'Insane': Government gets its way on wild horses despite protests from scientists". The Sydney Morning Herald. Retrieved 4 August 2022.
  6. ^ a b Bradshaw, Aggie (7 June 2018). "NSW Government scientific advisor quits over controversial law to protect brumbies". Nine News. Retrieved 4 August 2022.
  7. ^ "Feral Horse Heritage Act". Reclaim Kosci. Invasive Species Council. Retrieved 4 August 2022.
  8. ^ Cox, Lisa (7 June 2018). "Brumby law 'turns Australia into global laughing stock'". Guardian Australia. Retrieved 4 August 2022.
  9. ^ "Statement from John Barilaro". NSW Nationals. National Party of Australia. 4 October 2021. Retrieved 4 August 2022.
  10. ^ Australian Associated Press (5 June 2018). "Brumby bill: Labor wants investigation into deputy premier's alleged link to donor". Guardian Australia. Retrieved 4 August 2022.
  11. ^ a b O'Mallon, Finbar (22 August 2019). "Brumby bill 'monetised' feral horse treks in Kosciuszko: MP". The Canberra Times. Retrieved 4 August 2022.
  12. ^ a b Park, Andy (4 August 2018). "Controversial brumby protections a 'skilful use of democracy' says lobbyist". Australian Broadcasting Corporation. Retrieved 4 August 2022.
  13. ^ a b Hannam, Peter (5 June 2018). "'Disturbing': World conservation body blasts NSW wild horse plan". The Sydney Morning Herald. Retrieved 4 August 2022.
  14. ^ David M Watson [@D0CT0R_Dave] (7 June 2018). "Five minutes ago, I sent this letter to Ms Gabrielle Upton, NSW Minister for the Environment, resigning from the Threatened Species Scientific Committee" (Tweet). Retrieved 4 August 2022 – via Twitter.
  15. ^ "NSW Brumby Bill makes Australia global laughing stock". Invasive Species Council. Invasive Species Council. 7 June 2018. Retrieved 4 August 2022.
  16. ^ "NSW's brumby bill reckless, cruel and unachievable". Ecological Society of Australia. Ecological Society of Australia. Retrieved 4 August 2022.
  17. ^ "ABA Media Release – Brumby Bill". Australian Brumby Alliance. Australian Brumby Alliance. 26 May 2018. Retrieved 4 August 2022.
  18. ^ "Our history". Reclaim Kosci. Invasive Species Council. Retrieved 4 August 2022.
  19. ^ Driscoll, Don (21 March 2019). "NSW election: where do the parties stand on brumby culling?". The Conversation. Retrieved 4 August 2022.
  20. ^ a b Stephens, Jodie (22 August 2019). "NSW MPs' debate on brumby petition begins". Port Macquarie News. Retrieved 4 August 2022.
  21. ^ Davies, Anne (1 September 2019). "How the fight over brumbies is making the NSW Liberals and Nationals go feral". Guardian Australia. Retrieved 4 August 2022.
  22. ^ Wind, Emily (12 January 2021). "Rival brumby petitions show ongoing divide". Tumbarumba Times. Retrieved 4 August 2022.
  23. ^ "Legislative Assembly - Closed ePetition Details: Save Kosciuszko National Park from feral horse impacts". Parliament of New South Wales. NSW Government. Retrieved 4 August 2022.
  24. ^ "Tabled Paper Details". Parliament of New South Wales. NSW Government. Retrieved 4 August 2022.
  25. ^ Reardon, Adriane (19 October 2023). "Senate committee questions constitutional validity of Barilaro's 'Brumby Bill'". ABC News.
  26. ^ Impacts and management of feral horses in the Australian Alps (PDF) (Report). Canberra: Parliament of Australia. 13 October 2023. p. xii. Retrieved 19 October 2023.
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