The province argues that the Oostvaardersplassen nature reserve reached its maximum capacity for large herbivores – namely Konik horses, heck cattle and red deer – in 2010. A recent count found that there were now 2,320 red deer. Last winter, 57 percent of the red deer died. The province wants to reduce the size of the area and bring the number of animals down to 490. That would reduce the winter death rate to no more than 10 percent. On 18 September the province ordered Staatsbosbeheer to carry out a cull of red deer.

The nature protection foundations argued that the province was not entitled to order the cull because there was no need for it, the reasons given were insufficient and it was contrary to agreements made by the province. Some of the foundations also disagree with the new policy for reasons of principle. They believe that nature should be allowed to take its course in so far as possible and that only animals in suffering should be shot. However, assessing the principles underlying the change of policy is not a matter for the courts. The Van Geel report is not an ecological report, but it was substantiated using a range of ecological and scientific information. It has been established that additional feeding is not an option, because that would ultimately lead to more animals needing to be culled. Besides investigating the culling of healthy animals, the committee also studied alternative forms of management. The judge agreed with the province that they did not constitute satisfactory solutions. On all of these grounds, the interim relief judge found that the province had sufficiently substantiated the decision to cull the animals, by means of the advisory report of the Van Geel committee and the documents subsequently submitted. The interim relief judge did agree with the foundations that the province’s decision had been taken in too much haste. The province can be expected to make preparations and take decisions with greater care. Some elements of the decision also required improvement. However, that was insufficient reason to call off the cull. Furthermore, judicial review procedures could run through a number of winters, and it would not be in the interests of the welfare of the red deer to have a repeat of last winter.

The fact that the order to Staatsbosbeheer was upheld does not mean that the culling of the red deer can go ahead already. First, Staatsbosbeheer requires an ecological permit. That permit was issued by the province by decision of 2 November, shortly before the hearing of 5 November. However, a number of parties have also lodged interim relief proceedings against that decision. The case will be heard on 29 November by another judge in Lelystad. The province has promised that no red deer will be culled before then.