The Queensland Government has won a temporary stay over an order banning shark culling within the Great Barrier Reef Marine Park.
Sharks will again be culled on Great Barrier Reef following a court challenge to the Humane Society's recent victory over the Queensland government's shark control program.
The Federal Court on Friday granted a temporary stay on an Administrative Appeals Tribunal decision 10 days ago, which ordered an end the lethal components of the program.
The Department of Agriculture and Fisheries has appealed the tribunal's decision but it's unlikely to be heard until the court's next sitting in August.
Justice John Logan said the cost of complying with the tribunal's order - such as implementing SMART drum lines - before the appeal was heard could waste millions in taxpayer dollars.
"Those public monies would never be able to be recovered ... in the event the state were to succeed in its appeal," he said.
Justice Logan agreed with government lawyers that the tribunal may have exceeded its jurisdiction and could have also improperly considered evidence about the risk the ecological risks the program posed.
The Department of Agriculture and Fisheries shark control program has 173 drum lines about 500 metres offshore at popular beaches up down the world heritage-listed marine park. Earlier in the month, the tribunal ordered an end to the euthanasia of sharks caught on drum lines unless it was the animal's welfare. The target shark list of 19 species was also ordered to be removed from the current permit and all tiger, bull and white sharks caught on drum lines were to be tagged before being released. Additionally, sharks caught on drum lines were to be attended to as soon as possible - preferably within 24 hours of capture - and tagged sharks are to be relocated offshore. SMART or Shark-Management-Alert-in-Real-Time drum lines were also to be trialled and research into alternative non-lethal shark control and the tiger shark population was to be implemented. The stay to the tribunal's order came into effect immediately on Friday and will remain in place until the appeal is heard.