Background
Carmen Jackson commenced judicial-review proceedings concerning the capture and control of wild horses in Kosciuszko National Park. She sought urgent interim orders restraining trapping, removal, ground and aerial shooting, and other conduct that could harm or kill horses pending final determination.
Jackson argued that it was unclear whether the people conducting the operations held operative statutory authority under the National Parks and Wildlife Act 1974 (NSW). The Secretary relied on the Kosciuszko Wild Horse Heritage Management Plan 2021, which is deemed to be a plan of management under the Act and requires population reduction, and on statutory authorisations issued to National Parks and Wildlife Service staff.
The Court’s Holding
Pritchard J dismissed the application for interlocutory relief. The Court held that Jackson had not established a serious question to be tried: evidence filed during the hearing showed that all 10 NPWS officers then involved in the current and planned operations were authorised under s 171 of the Act to harm animals in a national park, with six covered by a general instrument and four by individual instruments.
The balance of convenience also favoured the Secretary. Although the Court accepted that killing horses causes irreversible harm, an injunction would delay implementation of the management plan, including non-lethal trapping and rehoming, and would prolong environmental harm attributed to feral horses. The Court also noted Jackson’s unexplained delay, the long-running and publicly consulted-on operations, and the administrative, financial and operational consequences of postponement. The proceeding was set down for final hearing on 1 October 2026.
Key Takeaways
- An applicant for interim relief must identify a serious issue concerning a legal right or statutory power, not merely seek confirmation that authority exists.
- Evidence of specific s 171 authorisations defeated the challenge to the authority of NPWS personnel conducting the operations.
- Irreversible harm to horses did not outweigh the public interest in protecting native habitat, species and Aboriginal cultural landscapes through the management plan.
Why It Matters
The decision illustrates the demanding threshold for urgent injunctions against government environmental-management operations. Where the challenged program is supported by an operative statutory plan and evidence of staff authorisations, a court may refuse interim relief even where the conduct sought to be restrained is irreversible.
It also confirms that environmental consequences and the public interest in timely implementation of a management plan are central to the balance-of-convenience assessment.