Revealed: Inside the incredible legal fight Reptile Park boss Tim Faulkner blamed for drink-driving

Reptile Park boss Tim Faulkner blamed a two-year legal battle for approval to collect endangered animals — and the threat of ongoing prosecution — for drink-driving, it can be revealed.

Australian Reptile Park boss Tim Faulkner has blamed the fallout of a two-year legal battle with the Department of Environment and Planning (DPE) over licences to collect two rare animals — and the threat of further prosecution — as a major factor in his “incredibly poor judgement” to drink-drive.

In a letter to Wyong Local Court last week where the 41-year-old pleaded guilty to high range drink-driving, Mr Faulkner said the “tortuous process” of a two-year legal battle with DPE had contributed to his life spinning “out of control”.

Mr Faulkner said the proceedings “took an enormous toll” and despite his charity Aussie Ark being awarded costs, the DPE had since “threatened prosecution”.

“The result of that was Aussie Ark being served with prosecution two days after my arrest,” he wrote to the court.

“I made this point to articulate the prosecution was imminent.”

Australian Reptile Park co-owner Tim Faulkner arriving at Wyong Local Court to face one charge of high range drink-driving. Picture: NewsLocal

Mr Faulkner was found guilty of high range drink-driving but the magistrate did not record a conviction and instead put the wildlife warrior on a 12-month good behaviour bond, including continuing his treatment for alcoholism.

The Express Advocate can now reveal details of the legal battle with the DPE that Mr Faulkner blamed for contributing to his decision to drink-drive.

Aussie Ark has a sanctuary in Barrington Tops where it wants to establish “insurance populations” of endangered wildlife. Picture: Aussie Ark

In a Land & Environment Court judgement published in December — just days after Mr Faulkner was found passed out behind the wheel of his ute on busy Wyong Rd — Judge Brian Preston ruled the DPE was “unreasonable”, acted without “statutory authority” and never had “a sound reason” to refuse granting Aussie Ark conservation licences to collect two endangered animals.

Aussie Ark, the spin-off charity of the Australian Reptile Park which Mr Faulkner was a co-founder, applied for licences to collect breeding pairs of a “Broad-toothed rat” and “Broad-headed snake” to establish insurance populations of the two endangered species at its Barrington Tops sanctuary in 2021.

But the DPE refused to grant the licences on the grounds it was conducting a compliance investigation into Aussie Ark for allegedly collecting these species unlawfully before licences were granted.

Judge Preston found there was never any evidence Aussie Ark was collecting animals unlawfully and even if it did, a past indiscretion would not prevent DPE from assessing a new licence application on its merits.

Broad-toothed Rat. Photo: Dave Watts

Broad-headed snake at Australian Reptile Park.

Judge Preston found the DPE’s further reasons for refusing to grant licences — because Aussie Ark had provided “insufficient information” and that its captive breeding program was at odds with the department’s plans to preserve the species — were equally invalid.

In the end, the DPE “capitulated” in the Land & Environment Court where Judge Preston granted Aussie Ark the conservation licences and awarded it costs in a humiliating defeat to the government department.

The DPE did not respond when approached for a response nor did it confirm whether Aussie Ark was still subject to any compliance investigation.