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 — Barrister AI
Carmen Jackson v Alex Graham, Deputy Secretary, National Parks and Wildlife Service, NSW Department of Climate Change, Energy, the Environment and Water (No 2)
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.
Quick Take
1Under s 81 of the National Parks and Wildlife Act 1974 (NSW), the Secretary's duty to carry out and give effect to an adopted plan of management carries a broad discretion as to the operational method of implementation. Where a plan requires removal or eradication of feral horses without prescribing the means, lethal control such as aerial shooting is authorised. No separate exercise of power is required, subject only to reasonableness.
2Under the Carltona principle, NPWS officers conducting control operations on the Secretary's behalf act as the Secretary's alter ego. They therefore have the benefit of the Secretary's deemed authorisation under s 171(3) of the NPW Act, satisfying the s 45(3)(a) exception. The express power in s 171(1) to authorise others makes a Carltona implication less likely but does not preclude it.
3A requirement imposed by an individual biosecurity direction under the Biosecurity Act 2015 constitutes a 'duty imposed … by or under any Act' for the purposes of s 45(3)(b) of the NPW Act. Further, s 386 of the Biosecurity Act permits authorised actions under a biosecurity direction to be taken despite any NPW Act authorisation requirement.
