Prime Minister Julia Gillard has thanked the Japanese government for agreeing to release three Australian anti-whaling protesters who boarded a security ship accompanying the Japanese whaling fleet.
But the prime minister has stressed that the protest undertaken by Geoffrey Tuxworth, Simon Peterffy and Glen Pendlebury "is unacceptable and will ultimately be costly to the Australian taxpayer".
"The Gillard government has despatched the Ocean Protector, a customs vessel, to rendezvous with the Shonan Mauru 2 and take the three Australians back to Australia," a spokesman for the PM said in a statement on Tuesday.
"It is anticipated that this will take some days, and be subject to weather conditions."
A statement from Ms Gillard's office said: "We thank the Japanese government for their cooperation in this matter."
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But the prime minister stressed such "hazardous protest activity" undertaken by the three Forest Rescue Australia members wasn't the way to end whaling.
"No one should assume that because an agreement has been reached with the Japanese government in this instance that individuals will not be charged and convicted in the future," the PM's spokesman said.
"The best way to stop whaling once and for all is through our court action in the ICJ (international court of justice)."
Ms Gillard thanked Australian officials both at home and in Japan for their hard work in resolving the matter.
JAPAN CONFIRMS RELEASE
Earlier, Japan confirmed the release of the three Australian protesters who boarded a security ship accompanying the Japanese whaling fleet, federal Attorney-General Nicola Roxon said.
"We are pleased that the Japanese government has made a decision that these three men won't be charged and will be released," she told the Nine Network on Tuesday.
"But we can't be confident that that will happen next time if people take action, take the law into their own hands."
She said officials would on Tuesday morning discuss the options for safely getting Geoffrey Tuxworth, Simon Peterffy and Glen Pendlebury off the Shonan Maru 2 which is in the Southern Ocean.
"Obviously the logistics are difficult when you are in open seas and theConsular officials have been in contact with the men and they are well, Ms Roxon said.
The men from the Forest Rescue Australia environmental group boarded the Shonan Maru No.2 around 16 miles (26 kilometres) off Australia's west coast on Saturday night.
Overnight, Japan's Kyodo news service said the two governments were trying to find the best way to return the men to Australian authorities.
NO CREW MEMBERS INJURED
The report said the Japanese government was not interested in taking them to court because they did not injure crew members when they illegally boarded the Shonan Maru 2.
After boarding the ship off the coast of Bunbury on Saturday night, the Australians demanded they be taken back to shore in an attempt to disrupt its trailing of the Sea Shepherd ship the Steve Irwin.
The three men boarded the ship in an attempt to stop the vessel pursuing the Steve Irwin, the anti-whaling ship of the Sea Shepherd Conservation Society.
Because the incident took place in international waters the federal government had been limited in what it could do outside of diplomatic dialogue with Japan about the three, who could have charged the men with trespass.
"Good diplomatic work has delivered a good outcome," Ms Roxon told Nine on Tuesday.
Three whaling ships, led by the 720-tonne Yushin Maru, left the Japanese port of Shimonoseki on December 6 for the annual hunt, with security measures beefed up amid simmering international protests.
In previous years, a mother ship has joined them later.
Commercial whaling is banned under an international treaty but Japan has since 1987 used a loophole to carry out "lethal research" on the creatures in the name of science.
