Carmen Jackson v Alex Graham, Deputy Secretary, National Parks and Wildlife Service, NSW Department of Climate Change, Energy, the Environment and Water (No 2) [2026] NSWLEC 135
Before: Pepper J · NSW Land and Environment Court
Summary
the Court determines that the decision was made without, beyond, or otherwise contrary to lawful statutory authority’’ (order 3); and “a declaration that the aerial shooting and killing of wild horses (Equus caballus) within Yuraygir National Park and State Conservation Area may not lawfully be undertaken except pursuant to and in accordance with a valid statutory authority applicable to the proposed conduct” (order 4). The procedural background to this challenge, including the outcome of
Catchwords
JUDICIAL REVIEW: challenge to decision to authorise the killing and removal of feral horses from a national park and State conservation area – whether decision made without authority and invalid – whether decision to approve aerial and ground shooting of feral horses in contravention of the National Parks and Wildlife Act 1974 or whether the decision otherwise authorised under that Act – whether the decision to approve of the aerial and ground shooting of feral horses authorised under the Biosecurity Act 2015 – summons dismissed.
Outcome
Summons dismissed. Parties are granted liberty to approach the Court within 14 days to seek an appropriate costs order, otherwise each party is to bear their own costs of the proceedings.
Legislation cited
Biosecurity Act 2015, ss 123, 126, 128, 138, 386 National Parks and Wildlife Act 1974, ss 45, 72, 81, 171
Read the full judgment
Authoritative text on NSW Caselaw · ~47k words
Related decisions
Prosker Pty Ltd v Mosman Municipal Council [2026] NSWLEC 1648
Mosman Municipal Council · 30 September 2026
Bavaro v City of Canada Bay Council [2026] NSWLEC 1725
City of Canada Bay Council · 30 October 2026
132Cordeaux Pty Ltd v Wollongong City Council [2026] NSWLEC 1394
Wollongong City Council · 30 June 2026
Folder v Mosman Council [2026] NSWLEC 1645
Mosman Council · 29 September 2026
MPG Funds Management Ltd v Wingecarribee Shire Council [2026] NSWLEC 1717
Wingecarribee Shire Council · 28 October 2026
Gothelf v Woollahra Municipal Council [2026] NSWLEC 1716
Woollahra Municipal Council · 27 October 2026