THE West Australian government has warned it intends to keep the state's controversial shark drumlines in place, even if it loses a legal challenge to the shark catch-and-kill policy.
At a late-night application for an immediate injunction to stop the so-called "shark cull" in WA waters, marine activists Sea Shepherd argued the hastily-implemented policy was illegal and should be immediately halted.
But lawyers for the government argued that even if was proved they had not followed proper procedure to get the policy started, they would simply sign the right papers within hours to keep the dozens of drumlines off Perth and the south west in place.
"This is an important public safety program, and the state does not intend these proceedings to interfere with that," deputy state solicitor Rob Mitchell told WA's Supreme Court.
Judge James Edelman said he intends to make his decision on the injunction with 24 hours.
Lawyers for Sea Shepherd argued the exemptions to state laws, which allowed the protected great white, tiger and bull sharks to be killed, were not published properly.
To illustrate the fierce opposition to the WA policy, Sea Shepherd recruited Sharon Burden, the mother of Kyle, who was mauled to death by a great white shark while bodyboarding off Bunker Bay in 2011.
Ms Burden was in the WA Supreme Court to hear the legal argument for an injunction, which Sea Shepherd believes will force the 60 drumlines to be removed.
Judge Edelman was told there was "genuine urgency" to decide the legality of the shark-kill policy, with Sea Shepherd Barrister Richard Hooker saying the WA government was trying to write it's own rules - and had not played by them.
"The WA government is trying to carve out ... a significant island of immunity," Mr Hooker said.
"If the government takes totally protected fish, like everyone else, it's acting unlawfully."
The WA government has faced vitriolic opposition to the policy since it was announced late last year, with rallies on Perth and south-west beaches, and close scrutiny of the drum line activity.
Dozens of tiger sharks - but no great whites - have been caught by the hooks, with daily photos of captured sharks posted on social media.
Premier Colin Barnett said he was confident the policy would stand up to the legal challenge, which he claimed the government had anticipated.
"The West Australian government is absolutely confident that the policy in place is the right policy and we intend to continue it," Mr Barnett told reporters.
"And that's why we took great care, both in terms of processes at a state level and at a commonwealth level, and we are confident that that is done in the right way."
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