Start to tourism season prompts environment minister to override federal law and allow the nets in NSW

This article is more than 3 years old

This article is more than 3 years old

Josh Frydenberg overrode federal law to give the go-ahead to lethal shark nets in northern New South Wales to save the local tourist industry and nipper clubs.

The environment minister has argued that there was a “national interest” in installing the controversial nets because, with the tourism season about to start, surf shops were experiencing decreased sales and nipper clubs had fewer registrations.

On Wednesday the Tasmanian Greens senator Peter Whish-Wilson instigated a Senate inquiry to examine the netting program, as well as the minister’s reasons for making the exemption.

The netting program began after three shark-related deaths in NSW waters. The nets aim to entangle sharks and are expected to catch other animals too, including dolphins, turtles and bony fish.

The program is not allowed under the federal Environment Protection and Biodiversity Conservation Act, but Frydenberg granted an exemption for the program, deciding it was a matter of “national interest”.

Guardian Australia can now reveal the reasons the environment minister gave for granting the exemption.

Among the reasons is a secret report that surf shops in the region have experienced a drop in sales, as well as a drop in registrations for the local nipper clubs.

Frydenberg argued tourism to the area contributed billions of dollars to the economy each year and that it was under threat by the media attention being drawn by the shark interactions.

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“I considered that the public safety of water activities in the north coast of NSW is a matter of national interest,” Frydenberg said in his official statement of reasons for granting the exemption.

He argued that there was likely to be an impact on threatened species, as well as the critically endangered grey nurse shark, but that these impacts were “difficult to quantify at this time.”

The official statement of reasons follow Frydenberg earlier incorrect indication that any action other than culling was permitted without ministerial approval, adding he would consider allowing a cull of protected species.

“I absolutely put human safety first and foremost in my mind,” he told ABC TV.

“State governments … can take whatever mitigation measures they like within reason, other than the culling, without needing the federal approval. Now if they were to put a proposal to the federal government I would consider it, but we have to put human safety first.”

Whish-Wilson, an avid surfer, was scathing of Frydenberg’s new official reasons.

“Media attention over shark interactions is not sufficient justification for putting aside an environmental assessment and neither is confidential claims of reduced wetsuit sales,” he said.

“Sharks have been present in the ocean for 450m years. People were swimming in the ocean with sharks 100 years ago and people continued to be swimming in the ocean with sharks when Mike Baird became [NSW] premier two years ago.”

“This new Senate inquiry will look into the details of shark interactions without the hysteria. We will examine all the claims of the NSW government and the reasons given for the ... exemption.”