The NSW Land and Environment Court has rejected an urgent injunction from pro-Brumby advocates, who are calling on the state government to stop its aerial culling of Snowy Mountains Brumbies.

Advocates filed the urgent injunction in the NSW Land and Environment Court last week for the cull to stop ahead of its scheduled completion on Saturday 11 July. The injunction was rejected by Justice John Robson, while a larger legal argument into whether aerial culling is legal continues to play out.

One of the injunction applicants, Roxanne Phoenix, said all Australians need to voice their opposition to the cull.

“Every Australian who remains silent while this is happening becomes part of the problem. Silence is not neutrality.” Ms Phoenix said.

“Either we stand up and defend our heritage, our values, and the principles we claim to believe in, or we continue to fund and legitimise the destruction of our own national heritage.”

Brumby supporters have rallied against the cull, calling for the state government to stop amid concerns Brumbies had been shot outside the designated areas of the National Parks and Wildlife Services (NPWS) control program.

A NPWS spokesperson confirmed to this masthead the organisation had referred the matter of two shot horses in the national park to NSW Police.

“NSW NPWS is aware of reports that two horses have been found deceased in Kosciuszko National Park, close to the Snowy Mountains Highway,” the spokesperson said.

“These horses were not shot by NPWS. The deaths were not part of any authorised NPWS control program.

“The carcasses were found outside the designated area for NPWS control of feral animals including deer, horses and pigs.

“The matter has been referred to NSW Police.”

The Invasive Species Council welcomed the court’s ruling to oppose the urgent injunction.

“This is the sixth court case in NSW and Victoria over recent years trying to stop feral horse control in national parks that has been rejected by the court,” Invasive Species Council CEO, Jack Gough, said.

“We have full confidence that national park staff are undertaking these important operations professionally, safely and humanely, as has been confirmed by numerous independent reviews, including by the RSPCA and vets.

“No one likes to see animals killed, but the sad reality is that we have a choice to make between urgently reducing the numbers of feral horses or accepting the destruction of sensitive alpine ecosystems and habitats, and the decline and extinction of native animals.”