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Activist seeks 'urgent' injunction to stop aerial brumby cull
Key Points
Activist Carmen Jackson's application to stop an aerial cull was first heard by NSW Land and Environment Court at 1am today. Ms Jackson claims the pest control operation, targeting pigs, deer and brumbies in Yuraygir National Park, north of Coffs Harbour, is unlawful. In adjourning to 9am tomorrow, Justice Rachel Pepper said: "I would urge those submissions not be served at midnight or 1am."
Activist Carmen Jackson's application to stop an aerial cull was first heard by NSW Land and Environment Court at 1am today.
Ms Jackson claims the pest control operation, targeting pigs, deer and brumbies in Yuraygir National Park, north of Coffs Harbour, is unlawful.
What's next?
In adjourning to 9am tomorrow, Justice Rachel Pepper said: "I would urge those submissions not be served at midnight or 1am."
A last-minute emergency legal application has been made to stop aerial culling of brumbies at a national park on the New South Wales north coast.
The operation, led by the National Parks and Wildlife Service, was meant to begin today for four days at the Yuraygir National Park, which is about 100km north of Coffs Harbour.
Brumby protection activist Carmen Jackson's application to stop the week-long aerial pest control operations in the park was first heard at 1am today in the state's Land and Environment Court.
Justice Rachel Pepper heard the early morning motion, standing the matter until the court opened at 9am to allow the Department of Climate Change, Energy, the Environment and Water the opportunity to respond.
During the proceedings at 9am, plaintiff Carmen Jackson told the court she was "very concerned" the culling would cause "irreparable harm" to the brumby population in the park.
Justice Pepper said the court received a phone call last night to proceed with an "urgent" case to stop culling operations.
The National Parks and Wildlife Service advertised the culling operation within the Yuraygir National Park on August 3, closing the park from 6am today for a one-week period.
Ms Jackson told the court she had sent the court injunction application to the Department of Climate Change, Energy, the Environment and Water (DCCEEW) this morning at 7:15am.
Justice Pepper said the application was given at "very late notice".
"What has concerned Ms Jackson is she can't find the statutory instrument permitting the culling to proceed and is concerned there is no lawful authority for the cull to be taking place."
Granting leave for Ms Jackson to file a motion, Justice Pepper adjourned the court to reconvene this afternoon for a response from the DCCEEW.
The DCCEEW solicitor advised the court the aerial culling operation would be commencing tomorrow at 2pm to allow the motion to be heard tomorrow morning.
Justice Pepper advised Ms Jackson to file documentation as soon as possible.
"Nothing is going to happen between now and 2pm tomorrow," she said.
"I can see no reason why I can't allow the respondent time to get their documentation in order."
Carmen Jackson (PERSON)
NSW Land and Environment Court (ORG)
Ms Jackson (PERSON)
Yuraygir National Park (LOCATION)
Coffs Harbour (LOCATION)
Rachel Pepper (PERSON)
South Wales (LOCATION)
the National Parks and Wildlife Service (ORG)
the Yuraygir National Park (LOCATION)
Land and Environment Court (ORG)
the Department of Climate Change, Energy (ORG)
the Environment and Water (ORG)
Justice Pepper (PERSON)
the Environment and Water (DCCEEW (ORG)
Pepper (PERSON)