Peak environmental groups have accused Parks Victoria and other agencies of failing to consult traditional owners before facilitating hay drops in the Barmah national park to feed feral horses stranded in floods last year.
The Barmah national park is jointly managed by Parks Victoria and the traditional owners, the Yorta Yorta nation.
Both support the removal of all feral horses under the Barmah strategic action plan to protect the Barmah forest Ramsar site and floodplain marshes, particularly the Moira grass plains.
The allegations come after Guardian Australia reported on the escalating tensions over plans to eradicate brumbies in the Barmah-Millewa forest, with locals saying the floods already decimated the population to fewer than 100.
Horses had been trapped on a small island of high ground in the Barmah national park during the floods and were fed by helicopter hay drops over a two month period – funded first by brumby activists, followed by Parks Victoria.
The chief executive officer of Yorta Yorta Nation Aboriginal Corporation, Monica Morgan, said the hay was dropped on a kilometre-long cultural heritage site without prior consultation with the Yorta Yorta Nation.
“This hay was for feral horses not native wildlife and it’s had a significant impact on the cultural heritage site,” she said.
“We weren’t informed or consulted, and we’re calling for a review into the whole process.”
Acting for the Yorta Yorta Nation Aboriginal Corporation, lawyers from Environmental Justice Australia (EJA) called for an investigation by state authorities into any alleged contraventions of Aboriginal heritage or conservation laws.
“We are concerned at reports that Parks Victoria or other agencies supported the actions of pro-feral horse groups without consultation with traditional owners, with little assessment and without regard to risks to internationally recognised wetlands and cultural heritage sites,” EJA senior specialist lawyer, Bruce Lindsay, said.
“In terms of enforcement of the Aboriginal Heritage Act, those investigations and prosecutions should be undertaken by state agencies. Causing harm to Aboriginal cultural heritage is an offence under the Aboriginal Heritage Act (Victoria 2006).”
Morgan said the joint management plan protects and recognises the Yorta Yorta people’s right to care for country.
“We are writing to the minister to seek assurances that the government will actively respect and listen to Traditional Owners as equal partners in the management of the park,” Morgan said.
The EJA says Parks Victoria and other agencies need to examine their own involvement in feral horse management during and after the recent floods, and that there are “important lessons to be learnt for genuine joint management”.
With the support of Environment Victoria and Victorian National Parks Association, they are calling on state government agencies to investigate any alleged contraventions of Aboriginal heritage law, bring prosecutions as appropriate and remediate harm where available around the management of feral horses during and after the recent flood events.
Guardian Australia understands the decision to feed the feral horses was not made by Parks Victoria but by the multi-agency Incident Control Centre (ICC) of Victoria, who was managing the response to the flood emergency.
The president of the Barmah Brumbies Preservation Group, Julie Pridmore, said they found the feral horses stranded on an island in the forest during the floods and had reported the situation to the ICC. She said the ICC, for the first time, made Parks Victoria responsible for the welfare of the feral horses in the Barmah national park.
Pridmore said they raised $10,000 to pay for the first helicopter hay drop and then Parks Victoria did two hay drops a week for the next six weeks.
According to Parks Victoria, the ICC were following veterinary advice and developed a plan to guide supplementary feeding, monitoring and animal welfare assessments during the flooding.
They said supplementary feeding was undertaken to protect the welfare of animals, including native animals and feral horses, stranded by flood waters in the Barmah national park and adjacent private land, consistent with obligations under the Prevention of Cruelty to Animals Act 1986.
“Since resuming management of the area after the floods, Parks Victoria has continued to implement the joint management plan for the Barmah national park alongside the Yorta Yorta nation,” a Parks Victoria spokesperson said.
Asked whether they specifically consulted the Yorta Yorta people, Parks Victoria did not comment.
Guardian Australia also put detailed questions to Emergency Management Victoria and the department of energy, environment and climate action, which did not respond.