Parks Victoria made no attempt to remove the 125 cattle Mr Maguire took to the high plains in January, despite a state government ban on alpine grazing imposed two years ago.

The cattle were left to graze for the usual three months before the Maguire family mustered them four weeks ago.

Chief ranger Peter Jacobs blamed the summer's bushfires for the delay in the stock's removal.

``There was a period where Mr Maguire put cattle up during the fires,'' Mr Jacobs said.

``We knew the cattle were there but our priority was to deal with the fires.''

He said that by the time the bushfires were contained in February and Parks Victoria had spoken to Mr Maguire, he had agreed to remove the cattle.

``We have a clear process for dealing with cattle grazing illegally and verbal and written communication is conducted first before any cattle are impounded,'' Mr Jacobs said.

But Mr Maguire said he had no intention of removing the cattle before mid-autumn when they were traditionally brought down from the high plains.

He had challenged the state ban on alpine grazing, introduced in June 2005, believing an administrative error on his licence expiry date entitled him to one more grazing season.

``Parks Victoria was scared of me because I had a legal right to graze,'' he said.

They knew the instant they touched my cattle they were off to court.

``Parks weren't confident of their legal advice and knew if they lost they would have been up for substantial costs.''

But Parks' legal advice was to remove the cattle.

``The legal advice we had was that Phil Maguire didn't have a legal right to have his cattle in the park,'' Mr Jacobs said.

``Our view was those cattle needed to be removed and we were prepared to do that.

``But he (Maguire) agreed to remove the cattle so no further action was necessary.''

Mr Maguire said that although his cattle had been mustered from the national park this year, it would not be for the last time.

``If the Government thinks it can take on the mountain cattlemen and win they are mistaken,'' he said.

``Our fight isn't over.''

Grazier takes high ground

October 31, 2006 11:00pm

Herald Sun

THE state election is not the only battle looming for Labor, with a cattleman warning it could have a legal stoush on its hands.

Philip Maguire, of Omeo, in the state's east, wants to graze his cattle on the Bogong High Plains in the Alpine National Park, a practice controversially banned by the Bracks Government last year.

In 1993 he was issued with a seven-year licence to graze his cattle in the area. Mr Maguire says that licence was mistakenly renewed in 1999 instead of 2000.

Legislation listed his licence as expiring in June.

Mr Maguire wants assurances from the Department of Sustainability and Environment that he will not be prosecuted over what he says is his legal right to graze cattle on Bogong High Plains.

He said he had instructed his solicitors to seek an injunction from the Supreme Court guaranteeing his grazing rights are recognised.

"I was granted a licence, by a Supreme Court order, in 1993 and it was renewed after six years in 1999," he said.

"My advice is that, even though it was renewed after six years, the renewal cannot take effect until the original licence expired the following year."

Mr Maguire wrote to the DSE about his licence last month but says the DSE failed to respond to the question of when his licence expired. instead informing him it was illegal for him to take cattle into the Alpine National Park.

Mr Maguire plans to move 150 cattle into the Alpine National Park next month.