ANSWER TO QUESTION ON NOTICE - Department of Defence - ParlWork

Senate

                      ANSWER TO QUESTION ON NOTICE

                                Department of Defence

Topic: Senate - 16 January - Q1208 - Wild Horses - Senator Faruqi
Question reference number: 1208
Senator: Mehreen Faruqi
Type of question: Written
Date due for tabling: 15 February 2019

Question:

With reference to the cull of brumbies at the Singleton Army Base:
1. Which Ministers were involved in the decision to cull the brumbies, specifying,
in each case, the nature of the involvement of that Minister, and when the
Minister first found out about the plan to cull the brumbies.
2. When did the Minister/s approve the cull of these brumbies.
3. What were the reasons given by the Department of Defence for the cull of these
brumbies.
4. Why was rehoming of brumbies not considered.
5. Who advised the Minister/s to approve the cull.
6. What public consultation was undertaken prior to the cull, including with whom
and when.
7. What consideration was given to non-lethal methods of culling.
8. Why did the Minister and Assistant Minister not respond to legal correspondence
from Oceans Legal dated 18 December 2018 raising concerns about the legality
of the cull.
9. When was the plan to cull these brumbies first developed.
10. Who developed the plan to cull these brumbies and was any contractor involved.
11. What was the number of these brumbies before the cull and how many were
mares with foals at foot.
12. How many brumbies were killed during the cull on the 19th and 20th of
December 2018 including:
a. the number of mares,
b. the number of stallions, and
c. the number of foals.
13. How many brumbies were shot and killed by an aerial shooter from a helicopter.
14. How many brumbies were shot and killed by a ground shooter.
15. What was the time between the brumby being shot and killed by the (aerial or
ground) shooter.
16. Is the Department aware of any animals that were shot but did not die
immediately, and what measures did the Department take to ensure the accuracy
of the above information.
17. How many brumbies remain after the cull, including foals.
18. What measures did the Department take to ensure the welfare of any surviving
foals.

19. How were the dead bodies of the brumbies disposed of by the Department.
20. Who was the contractor for the culling.
21. Was the contract for the culling put to tender.
22. How much was the contract for the culling.
23. How many aerial shooters were involved; how many ground shooters; and, in
each case, what were their Australian qualifications as shooters.
24. What type of rifle or rifles were used.
25. What was the type of bullet used.
26. How long were the periods of shooting.
27. Did the shooters have a rest break during the day in between periods of shooting;
if so how long was the rest break.
28. Were there animal welfare/veterinarians on site during the cull; if so, what
interventions, if any, did they make; if not, why not.
29. What steps did the Department take to ensure the aerial shooting was humane –
before, during and after the shoot.
30. Did the RSPCA or any of its branches have any involvement in the culling,
during the planning or during the execution of the plan.
31. What defence activities occur on the Singleton Army Base.
32. Have PFAS chemicals ever been used on Singleton Army Base.
33. Did the 11648 Singleton Military NSW Range Remediation Works project have
an impact on the decision to have the brumbies removed from the army base.
34. Was there a plan for the brumbies to continue to exist on the army base post the
completion of the remediation works.
35. What infrastructure and development is planned for the site into the future.

Answer:

1. There was no ministerial involvement as there is no legislative requirement to seek
ministerial approval for the control of feral animal species upon the Defence estate. The
Assistant Minister for Defence was advised on 13 December 2018 of the intent to undertake
the cull.

2. No ministerial approval was sought as feral animal control on the Defence estate does not
require ministerial approval.

3. Wild horses are considered feral animals and are listed as a key threatening process under
the Environmental Protection Biodiversity and Conservation Act 1999 (EPBC Act) due to the
environmental damage they cause and the threat they pose to native flora and fauna. In line
with the EPBC Act and the Defence Environmental Strategy, Defence aims to manage an
environmentally sustainable estate through a proactive, risk-based approach. This includes
undertaking feral animal control as part of the normal land management activities to ensure
the environmental sustainability of the land to support ongoing training capability.
Additionally, the removal of the horse population was required in order to mitigate the
significant safety risk to both personnel and the public from vehicle collisions with an
increasing number of instances of horses sighted on range roads and attempting to move from
the Singleton Military Training Area on to public roads. There were recurring instances of
animal welfare concerns where drought resulted in insufficient food and water to support the
population of horses, which were also competing for food with overabundant kangaroo
numbers. Recent rains in the area had improved the current conditions, however based on

previous experience and forecasts for a dry summer, animal welfare issues would continue to
reoccur.
4. In 2014, Defence worked with the Hunter Valley Brumby Association to undertake a
capture and re-homing trial to determine whether it would be a viable method of removing
the horses from the Singleton Military Training Area.
The trial proved to be unsuccessful as the capture rate was low (due to terrain, safety of
contractors working on land subject to unexploded ordnance and military operations) and the
captured horses transferred to the Hunter Valley Brumby Association were unable to be
handled due to the ongoing experience of living with military training activities.
5. No ministerial approval was sought as feral animal control on the Defence estate does not
require ministerial approval.

6. There has been periodic consultation with local interest groups and neighbouring
properties over the past 10 years in relation to feral horse management. There was no public
consultation undertaken prior to the aerial control activity as feral animal management within
the confines of the Defence estate does not require public consultation.

7. In implementing feral horse control activities, Defence has undertaken a number of trials
and feasibility assessments of both lethal and non-lethal removal options over a 10 year
period. Re-homing trials and ground shooting to reduce the population proved to be
unsuccessful.

8. At 2:42pm on Tuesday 18 December 2018, Clayton Utz, acting on behalf of Defence,
responded to Ocean Legal via email notifying them of a Defence media release. This media
release outlined the position of the Department of Defence on feral horse population control
and its intention to carry out feral horse population control measures.

Furthermore, at 8:51pm on Tuesday 18 December 2018, Clayton Utz sent another email to
Ocean Legal to respond to both the email to Defence at 4:55pm on Tuesday 18 December
2018 as well as the email to Minister Fawcett's office at 3.18pm on Tuesday 18 December
2018. In Defence’s response, Ocean Legal was advised that “the aerial cull of feral horses in
the Singleton Military Area is scheduled to proceed tomorrow, Wednesday 19 December
2018”. Minster Fawcett’s formal letter of response was provided, via Clayton Utz, to Ocean
Legal at 5:25pm on 19 December 2018.

9. Under the Environmental Protection and Biodiversity Conservation Act 1999, Defence is
required to be a responsible environmental steward and undertake land management
activities, including feral animal control. The first consideration of culling as a management
option was in 2008 when all options for feral horse management were investigated. In
implementing feral horse control activities, Defence has undertaken a number of trials and
feasibility assessments of both lethal and non-lethal removal options over a 10 year period.
The aerial cull was the last resort option to reduce the population following unsuccessful re-
homing trials and the limited success of ground shooting to reduce the population.

10. The overarching plan to manage feral horses at Singleton Military Training Area was first
developed by Defence consultants in 2008, and has been amended over time by key internal
and external stakeholders as management options were trialled.

11. Prior to the cull, it was estimated that there were in excess of 100 feral horses present on
the Singleton Military Training Area. The number of mares with foals at foot was not known.

12. On 19 December 2018, a total of 235 feral horses were culled. There were no horses
culled on 20 December 2018. The sex of the animals was not recorded due to the
inaccessibility of the land, but can be estimated based upon the average mob composition.
           a. Mares – 170 (Estimated based on average mob composition)
           b. Stallions – 50 (Estimated based on average mob composition)
           c. Juvenile (less than 12 months old) – 15 (approximately)

13. 235 feral horses.

14. Nil. This was an aerial program. Defence has previously undertaken ground shooting
programs in accessible areas.

15. Immediate – follow up shot(s) were implemented as per the Model Code of Practice for
the Humane Control of Feral Horses to ensure that humane destruction of pest animals was
achieved.

16. There were no instances where horses did not die immediately. Where accessible by land,
a local representative from the Royal Society for the Prevention of Cruelty to Animals
(RSPCA) undertook physical inspections of the deceased horses during the activity to
confirm that the activity was compliant with the Standard Operating Procedure for the Aerial
Control of Horses and the Model Code of Practice for the Humane Control of Feral Horses.
The RSPCA representative was also taken on a fly-over of inaccessible areas to allow a
visual assessment of the carcasses. Following the inspections, the NSW RSPCA provided
verbal confirmation that the activity had complied with the Standard Operating Procedure for
the Aerial Control of Horses and the Model Code of Practice for the Humane Control of Feral
Horses. Aerial patrols were undertaken throughout the day of 20 December 2018, where no
injured horses were sighted and no further feral horses were sighted on the Singleton Military
Training Area.

17. There are no known remaining feral horses on the Singleton Military Training Area.
Regular patrols around the Singleton Military Training Area have been ongoing since the
control activity and there has been no evidence of horses on the Singleton Military Training
Area.

18. There were no surviving feral horses.

19. The carcasses remained in situ as retrieval could not be performed due to the
inaccessibility of the land as a result of unexploded ordnance contamination.

20. Pest Animal Control and Training (PACT) was engaged to undertake the aerial cull.

21. Yes. Three companies with proven track records of feral animal management were
invited to bid for this work.

22. The cost of the contract for the feral horse cull was $33,783.75 + GST.

23. One aerial shooter

   Statement of Attainment 2002326 – AHCVPT304A – Conduct vertebrate pest
           activities from aircraft.
          CASA.CDF.0489 Permission – carriage and discharge of a firearm – Aviation
           Reference Number (ARN) 605241.
          Diploma in Pest Management (Tocal - 2016);
          Graduate Certificate in Aviation Management (UNSW - 2014);
          Certificate IV TAE 10 qualified instructor/assessor;
          Over 25 years of experience in pest management and aerial/ground
           shooting/hunting operations covering all major species on conservation areas
           (NSW NPWS), Defence estate, private lands and indigenous areas in NSW, Qld,
           NT and Western Australia;

24. As per the Standard Operating Procedure for Aerial Shooting of Feral Horses, a Self-
Loading .308 calibre rifle was used.

25. 170 grain (bullet weight) ammunition was used.

26. There were five periods of shooting.
        Period 1 - 2 hours
        Period 2 - 2 hours
        Period 3 - 2 hours
        Period 4 - 2 hours
        Period 5 - 1 hour 45 minutes

27. The shooter did have rest breaks periodically throughout the works.
        Post Period 1 – 30 minutes
        Post Period 2 – 10 minutes
        Post Period 3 – 1 hour
        Post Period 4 – overnight
        Post Period 5 – nil (program complete)

28. Where accessible by land, a local representative from the Royal Society for the
Prevention of Cruelty to Animals (RSPCA) undertook physical inspections of the deceased
horses during the activity to confirm that the activity was compliant with the Standard
Operating Procedure for the Aerial Control of Horses and the Model Code of Practice for the
Humane Control of Feral Horses. The RSPCA representative was also taken on a fly-over of
inaccessible areas to allow a visual assessment of the carcasses. Following the inspections,
the NSW RSPCA provided verbal confirmation that the activity had complied with the
Standard Operating Procedure for the Aerial Control of Horses and the Model Code of
Practice for the Humane Control of Feral Horses.

29. A professional, accredited and highly experienced civilian contractor, adhering to strict
animal welfare guidelines, was engaged to undertake the activity. Where accessible by land, a
local representative from the Royal Society for the Prevention of Cruelty to Animals
(RSPCA) undertook physical inspections of the deceased horses during the activity to
confirm that the activity was compliant with the Standard Operating Procedure for the Aerial
Control of Horses and the Model Code of Practice for the Humane Control of Feral Horses.
The RSPCA representative was also taken on a fly-over of inaccessible areas to allow a
visual assessment of the carcasses. Following the inspections, the NSW RSPCA provided
verbal confirmation that the activity had complied with the Standard Operating Procedure for

the Aerial Control of Horses and the Model Code of Practice for the Humane Control of Feral
Horses.

30. The Royal Society for the Prevention of Cruelty to Animals (RSPCA) was engaged in
discussions prior to the delivery of the works and attended the pre activity briefing. Where
accessible by land, a local representative from the RSPCA undertook physical inspections of
the deceased horses during the activity to confirm that the activity was compliant with the
Standard Operating Procedure for the Aerial Control of Horses and the Model Code of
Practice for the Humane Control of Feral Horses. The RSPCA representative was also taken
on a fly-over of inaccessible areas to allow a visual assessment of the carcasses. Following
the inspections, the NSW RSPCA provided verbal confirmation that the activity had
complied with the Standard Operating Procedure for the Aerial Control of Horses and the
Model Code of Practice for the Humane Control of Feral Horses.

31. Singleton Military Area is the home of the Australian Army School of Infantry. A wide
range of training activities occur within the Training Area, which include the use of several
firing and weapons ranges, explosives testing, as well as no-firing training facilities for all
units of the Australian Defence Force, demolition training, driver training, and overall
bushcraft and traditional soldiering.

32. There is historical evidence that PFAS containing firefighting foams were utilised at
Singleton Training Area in some limited capacity.

33. No.

34. No.

35. There are no other plans for any infrastructure and development of the Training Area.