Opponents claim the plan to bait and kill sharks could breach state and federal laws, as well as international agreements

This article is more than 6 years old

This article is more than 6 years old

The Greens and animal welfare groups are formulating a legal challenge to the Western Australian government’s shark cull, claiming the move would fall foul of state, federal and international obligations.

Lawyers for a loose-knit coalition of groups, including the Greens, the Conservation Council and Western Australians for Shark Conservation, are looking at whether the plan to trap and kill large sharks is legally possible.

At a state level, the cull policy could run contrary to the Wildlife Conservation Act of 1950, as well as the Fish Resource Management Act of 1994.

Federally, the environment minister, Greg Hunt, has to exempt WA from the strictures of the Environmental Protection and Biodiversity Conservation Act for the cull to proceed. The act requires a federal assessment to be made when endangered creatures – such as great white sharks – are placed at risk.

A federal department of environment spokesman said: “The Western Australian government has not referred the project, however an exemption has been requested. The minister’s decision will be announced in due course.”

The WA government’s plan will involve the stringing out of 72 drum lines with baited hooks, 1km out to sea from eight of the Perth area’s most popular beaches.

The plan, devised after seven fatal shark attacks in WA waters in the past three years, will see sharks over 3m in length shot by roving patrol boats if they don’t die on the hooks.

While the state government claims the plan will help prevent more people dying from shark attacks, opponents have called it cruel and unscientific, pointing out it may even increase interactions between sharks and humans in the water.

Lynn MacLaren, Greens member of WA’s upper house, told Guardian Australia that the party, along with other groups, was “preparing a case” to challenge the shark cull.

“It looks like this is has contravened international treaties to protect migratory species, as well as the EPBC Act and state laws,” she said.

“We hope the government will realise its mistake, but if it doesn’t we will be looking to get public support for the legal case, if we don’t get pro-bono help.”

MacLaren said a delay in the deployment of the drum lines showed the government was thinking twice about its plan.

“I believe in the cold light of day they are seeing the many problems introduced by trying to force through an ill-thought-through policy,” she said. “It’s not easy to contravene federal and state laws. They seem to have ignored scientific advice on this.

“Australians love their coast and public opinion is strongly against these proposals. It’s obviously upsetting when there’s a death, but shark bites are rare occurrences. We’ve had a cluster recently but there’s no sign this extreme action needs to be taken.”

The WA government has been contacted for comment on the potential legal challenge.