WA shark drum lines to stay after Supreme Court judge rules against injunction 14 hours ago March 05, 2014 10:31PM ANTI shark cull campaigners have lost their bid to stop the WA Government’s controversial shark-kill policy. WA Supreme Court Justice James Edelman threw out the application from Sea Shepherd Australia for an immediate injunction to have the baited drumlines removed. The conservationists had argued the decision by the government to exempt itself from its own laws was invalid because it had not been published in the Government Gazette. In his decision, Justice Edelman not only threw out the injunction but essentially ruled the government did not need to publish its decision to allow the killing of great white, tiger and bull sharks over three metres that ventured in designated “kill zones”. “As I explained at the outset, this hearing involved a purely legal question,” he said.“It is a legal question that is not without considerable difficulty. “The line between the administrative act and the legislative act is blurred. “The application of this approach in this case means the exemption instruments and particularly these made under the Fish Resources Management Act do not have legislative effect. “I would also conclude that if they did have legislative effect, then the requirement of public exemption in the Gazette...would be inconsistent with the scheme and provided in the Fish Resources Management Act. “For these reasons the preliminary question must be answered no.” Sea Shepherd Australia director Jeff Hansen said despite today’s ruling the group would continue its fight to stop the WA Government’s policy. He said they were now hoping the Federal Environmental Protection Authority will carry out a full environmental assessment of the catch and kill strategy. “They have two weeks from tomorrow to make a decision and we are hoping they will show some urgency with that decision and call for a full environmental impact to be done at a state level and call for the drumlines to be removed immediately,” Mr Hansen said. “We will continue to do whatever we can to ensure that our beaches are safer, that are oceans have this healthy marine environment that we rely on. “An ocean without sharks is a dead ocean. And that’s a planet without people. So we will continue no matter what. We have right on our side. We are right. “What the Premier is doing is completely wrong.” Sharon Burden, who son Kyle died after he was bitten by a shark off the south west coast in 2001, said while she was disappointed with the outcome she believed taking the legal action was the right thing to do. “If you are in a situation where a state government can just exempt itself from a law so easily that disturbs me. And I think any situation where you feel uncomfortable you should do what is necessary to find out if that process was done correctly and what other avenues are open to you and what comes of that decision as well. “I raised Kyle to believe that if you firmly believe in something, an idea, or a value, that you should pursue it and shouldn’t just let it go because it seems difficult or that you may not get the outcome that you were hoping for. If you are passionate about something you should pursue it and that is why I have stepped forward on this particular issue.” Greens MLC Lynn MacLaren said she was disappointed at the decision. “While the request for the drum lines to be pulled immediately was denied, we are still hopeful that we will win the fight,” she said. “Despite both environmental and legal concerns surrounding the catch and kill policy, the drum lines remain. “This is an upsetting decision for 80-95 per cent of Australians that are against the cull.” WA Premier Colin Barnett today welcomed the Supreme Court decision. “We felt we had followed a rigorous, legitimate process in deploying drum lines at popular beaches in the South West and metropolitan area,” he said. “This policy has been driven by concerns for public safety, given the increased number of fatal shark attacks in Western Australian waters in the last three years. The drum lines will stay in place until April 30, as we work with the Federal Government to extend the program into next summer.” Environmental group Sea Shepherd Australia launched the legal action yesterday, arguing the WA Government’s decision to exempt itself from the Fisheries Resources Act was illegal. In order to carry out the “mitigation” policy, the WA Government granted itself an exemption to allow the killing of any white, tiger and bull shark over three metres which ventured in to designated “kill zones”. The campaigners were also seeking an interim injunction against the program to have the baited drumlines removed from WA waters immediately. The state will seek to recover $19,000 in costs from activists over the legal battle.
Posted on: Thu, 06 Mar 2014 01:21:31 +0000