The National Parks and Wildlife Service (NPWS) has temporarily suspended aerial culls and trapping operations in a northern NSW national park following an urgent injunction from an advocate, claiming the killing of brumbies there is unlawful.

The five-day aerial culling operation of feral horses, pigs, foxes and deer was scheduled to take place from Monday in Yuraygir National Park, north of Coffs Harbour, but has been postponed for at least two weeks to allow for court proceedings.

Anti-brumby culling advocate Carmen Jackson filed an urgent injunction to the Land and Environment Court about 1am on Monday, with the matter adjourned to later that morning.

Two women look at camera

Carmen Jackson (right) says she filed the injunction at 1am on Monday, concerned National Parks and Wildlife did not have the authority to conduct brumby culls in Yuraygir National Park. (Supplied: Carmen Jackson)

Justice Rachel Pepper today adjourned the matter, telling the court final hearings would be heard on September 9 to allow both parties to gather their evidence.

She told the court there was “urgency involved”.

“The undertaking has been given in good faith by the department, again at short notice and I do think the matter needs to be dealt with quickly for your sake, the animals in question and the department,” Justice Pepper said.

Speaking on behalf of the NSW Department of Climate Change, Energy, the Environment and Water, the department’s principal legal officer Nicholas Sandstrom told the court they would “suspend trappings and all operations until that date”.

In a statement, a spokesperson for the NSW NPWS said they acknowledge the proceedings and will comply with any directions from the court, confirming all aerial, ground shooting and trapping operations in the National Park and State Conservation Area would be suspended.

a photo of a horse standing in the woods

Aerial culls of wild horses, foxes, deer and pigs in the national park were due to commence on Monday. (ABC South East NSW: Adriane Reardon)

“Animal welfare is a high priority, and all operations are conducted under strict procedures,” the statement read.

“As the matter is before the court, it would be inappropriate to comment further.” 

Brumby debate re-ignited

Ms Jackson said she was concerned NPWS did not have the statutory authority to perform the culls.

She said she does not support brumby control measures, with the court proceedings sparking renewed debate over their handling.

“Our brumbies are our Australian heritage; they’re also sentient beings on Country,” she said.

“I believe all animals have the right to be on Country. How do we signify that a brumby is less significant than a native animal on Country, considering they’ve been here 200 years.”

State member for Clarence and Nationals MP Richie Williamson welcomed news this week’s operation had been put on hold.

MP stands by National Park sign

Richie Williamson has voiced opposition to the operation in Yuraygir National Park.  (Supplied: Richie Williamson)

Community members also gathered at Halfway Creek on Saturday ahead of the planned culls, calling for the operation’s end and arguing the north coast brumby population was small. 

Professor David Watson, from Charles Sturt University, said brumbies were incredibly destructive for the habitat of other native animals, which were forced to compete for food and resources.

“Four or five animals aren’t going to have a huge impact on a huge national park, but they breed … the right number is no horses,” he said.

David Watson wear check shirt and grey hat. Trees in the background.

David Watson says feral horses are incredibly destructive and do not belong in national parks. (Supplied: David Watson)

“Our ecosystems have had no evolutionary history of dealing with a large hoofed animal like this, so they really do wreck the place.”

He said while he understands concerns, brumbies were as destructive to the Australian environment and wildlife as other feral pests.

“I get it … I love horses, they are special animals and humans have had a connection with horses for a long time.”

“[But] from an ecological point of view that goes out the window.”