The operation of the precautionary principle in Australian environmental law: An examination of the Western Australian White shark drum line program

摘要

The precautionary principle is well known to environmental and public health scholars throughout the world. For over two decades it has been subjected to rigorous analysis by academic and judicial commentary. However, what it means to see the principle applied in practice remains elusive and case-specific. In this article the authors aim to further the literature by examining the principle in the context of the Western Australian government's controversial shark hazard mitigation program. The case study appears to show a discon- . nect between the existence of legal principles and their operation in environmental law. The deliberate culling of an endangered species to protect human health provides an interesting backdrop against which to enliven discussion about how principles of law, like the precautionary principle, can be better translated into legal regimes, so that they are more consistently applied by decision-makers.