Humane Society International (Australia) Inc and Department of Agriculture & Fisheries (Qld)

Humane Society International (Australia) Inc sought review of a decision by the Department of Agriculture & Fisheries (Qld) to issue permits authorising the implementation of Queensland's lethal shark control program (SCP) within the Great Barrier Reef Marine Park. The dispute centred on whether the permits, which allowed for the installation of drum lines and the euthanasia of certain shark species caught, should have been issued, and whether they should have been issued in their current form, including the duration, number of drum lines, and the species targeted for killing.

The court was required to determine two primary issues. Firstly, whether the permits authorising the Department to carry out the SCP and a related research program within the Marine Park should have been issued. Secondly, the court had to consider whether the permits should have been issued in their current form, specifically addressing aspects such as the ten-year duration, the number of drum lines, the authorisation of killing 19 shark species, the inclusion of species not posing a threat to human safety, the duration animals could remain on drum lines, and the use of acoustic transmitters.

The court considered evidence suggesting that the effectiveness of lethal shark control programs in reducing human-shark interactions is questionable, with some experts opining that factors such as human presence and environmental conditions are more significant. The court noted that Queensland's program is unique among major international shark control programs in its continued reliance on automatic euthanasia of caught sharks, contrasting it with non-lethal approaches adopted in South Africa and New South Wales, which have not reported an increase in shark incidents. The court also examined the purpose of the SCP as defined by the Fisheries Act 1994 (QLD), which is to reduce the possibility of shark attacks on humans. The proceedings involved a review of a decision to issue permits, which were subsequently varied to remove seven shark species from the target list, and the court was tasked with reviewing the decision as varied.