The NSW Parliament has passed the Kosciuszko Wild Horse Heritage Bill Repeal, removing the legal protection for brumbies in Kosciuszko National Park.

The Kosciuszko Wild Horse Heritage Act, introduced by former NSW deputy leader John Barilaro in 2018, recognised the cultural and heritage values of brumbies in the national park.

At close to midnight on Thursday, 27 November, the repeal bill passed the NSW upper house. Opposing the bill were Nationals members, including Nichole Overall, and Animal Justice Party Member of the Legislative Council, Emma Hurst.

Member for Monaro, Steve Whan, welcomed the passing of the repeal bill. He said the decision will pave the way for ‘real environmental restoration’.

“The Snowy Mountains are one of the most fragile and unique environments in Australia,” Mr Whan said.

“Passing the repeal legislation means we can focus on protecting the park itself, rather than elevating an introduced species above the endemic plants and animals that rely on this landscape.

“Kosciuszko National Park is represented by three members in the parliament: Member for Wagga Joe McGirr (who moved the bill), the Liberals’ Justin Clancy from Albury and myself. It was great to see all three of us supporting this bill.”

Mr Whan said the previous legislation had hampered proper environmental management and placed the park’s ecosystems at unnecessary risk.

“That law tied the hands of land managers and undermined decades of conservation work. It was the wrong approach for a national park, and the Parliament has now taken the responsible step of removing it.”

Mrs Overall had proposed an amendment to the bill which would focus on re-homing brumbies rather than eradicating. She said the bill’s passing is a disappointing outcome for brumbies and brumby advocates.

“We Nationals fought hard for compromise and balance – to ensure environmental protections while continuing to recognise the cultural, social and heritage significance of the Snowy Mountains Brumbies and preserve the few that remain,” Mrs Overall said.

“Our proposed amendment also called for humane management, with re-homing prioritised over lethal control.

“All of this was rejected by Labor, the Greens and the member for the Legalise Cannabis Party.”

Invasive Species Council, CEO, Jack Gough said the decision is a victory for Koscisuzko National Park.

“It’s a signal to every corner of the country that we can change course – that we can put truth, science and care for nature above politics and fear,” Mr Gough said.

“This win belongs to the community who have campaigned relentlessly for almost a decade to right this wrong and to a courageous group of cross-party MPs who put partisanship aside for the sake of our wildlife.

“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.”

The repeal bill was put forward by Member for Wagga Wagga, Dr Joe McGirr.

Brumby supporters have criticised the bill’s passing, saying the fight to save the brumbies is lost.

The Australian Brumby Alliance (ABA) has called for genuine community partnerships into the future to manage the remaining brumby population, following the repeal of the Kosciuszko Wild Horse Heritage Act.

“Community members who value these unique horses and care and understand their welfare needs have had no voice in the Government’s harsh policies on Snowy brumbies over the last two years,” ABA president, Nikki Alberts, said.

“In this respect we deeply appreciate the role Emma Hurst, Nichole Overall, Rachel Merton, and other members of the Legislative Council played in helping to convey community concerns which have been ignored by government in the consideration of the Repeal bill”.