Photo by Karen Ferguson
LEGISLATION AND LITIGATION
Legislative Framework for Brumby Protection in Australia
The Australian Constitution dictates what powers the Commonwealth and each State hold insofar as areas of responsibility and Legislation. The Environment Protection and Biodiversity Conservation Act (EPBC Act) is the key Commonwealth Legislation to protect the Australian environment and endangered and threated native wildlife within the Commonwealth of Australia.
This Legislation offers no protection for introduced animals including wild living horses or Brumbies. It is necessary to have Legislation to protect our Brumbies enacted in each State.
The Current Situation in Victoria and NSW
In New South Wales the Kosciusko Wild Horse Heritage Act 2018, was enacted to recognise the heritage value of Brumbies and to protect and conserve wild living horses in certain parts of the New South Wales Alpine National Park. The Legislation saw the appointment of a community advisory panel and the State Government also established a Scientific Advisory Panel. Despite delays, a new Legislatively prescribed Management Plan, is in the pipeline. To date, this is the only State in Australia to achieve Legislation to recognise the Heritage value of Brumbies and enact Legislation to protect wild living populations of Brumbies within National Parks. The community advisory panel has now finalised a new Management Plan, and it has been submitted to the Minister for Environment to open for public submissions.
In Victoria, there is no Legislation to protect wild living Brumbies within the 3 key areas namely Barmah National Park and the Eastern Alps of the Alpine National Park Victoria.
On 6 August 2020 an ePetition calling for the enactment of a “Victorian Heritage Brumby Act” was tabled in the Upper House of Victorian Parliament by Wendy Lovell MP. Since that time, and with experience gained by NSW, I have prepared a Bill “The Victorian Heritage Brumby Bill”, and it is hoped the Bill will be introduced into the Lower House of the Victorian Parliament some time during 2021. The Bill seeks the enactment of Legislation in similar terms to the NSW Legislation. We have learnt from New South Wales, and the Victorian Bill has some important changes.
In the meantime, in Victoria, we are calling for signatures to a Change Org Petition which can be referred to in Parliament when the Bill is introduced. It cannot be tabled, but will certainly be invaluable at that time as indicative of support for Brumby Legislation. Heading toward 155,000 signatures we are hoping to reach in excess of 200,000 signatures at the time the Bill is introduced which will certainly give good support for introduction of the Bill. The Change Org Petition can also be hand delivered to the Minister for Environment or Premier of Victoria. Please sign and share this Petition, it is for anyone, anywhere in the world.
Change Org Petition
As a consequence of a recent letter from Parks Victoria to several Brumby rehoming groups in Victoria, advising that Parks Victoria are to soon start trapping and rehoming in Victoria, there is a Letter Petition for signing by Victorians. A signature will initiate a letter to Upper and Lower House MP. The issue of lack of clear knowledge about Brumby populations makes these actions undesirable, and it is likely Brumbies that are not rehomed, will be shot. The Petition Letter is also seeking MP support for the introduction of the Legislation.
Animal rights petition
Please watch the social media platform I established to support the Change Org Petition and the establishment of Legislation and the social media platform established to support the Barmah Brumbies, Barmah Brumby Hay Angels.
Brumby Action Group
Barmah Brumby Hay Angels
Author - Marilyn Nuske - Animal Rights Lawyer
Court Case Australian Brumby Alliance vs Parks Victoria
Snowy Mountain Brumby Sustainability and Management Group (SMBSMG) vs. The State of New South Wales
NSW Bill Introduced to allow Kosciuszko Wild Horse Heritage to be preserved
NSW Government News - Protecting Kosciuszko's Wild Horses from culling
FROM THE ABOVE DOCUMENT - NSW Deputy Premier, Minister for Regional NSW and Member for Monaro John Barilaro said the proposed laws will finally end years of speculation around the culling of one of Australia’s national icons. 'Wild brumbies have been roaming the Australian alps for almost 200 years and are part of the cultural fabric and folklore of the high country,' Mr Barilaro said. 'The heritage management plan will specifically prohibit lethal culling of the brumby, aerial or otherwise, and will identify those areas in the park where brumbies can roam without causing significant environmental harm,' Mr Barilaro said. 'If brumbies are found in highly-sensitive alpine areas of Kosciuszko National Park, resources will be allocated towards relocation first, followed by re-homing, should population numbers grow too high. Kosciuszko National Park exists to protect the unique environment of the Snowy Mountains, and that unique environment includes wild brumbies,' he said.
Kosciuszko Wild Horse Heritage Bill - Second Reading Speech
Kosciuszko Wild Horse Heritage Bill - 2018
Attempt to repeal the Kosciuszko Wild Horse Heritage Bill
© Brumbies Forever 2020