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The Commonwealth of Australia v State of Tasmania

Country/Territory
Australia
Type of court
National - higher court
Date
Jul 1, 1983
Source
UNEP, InforMEA
Court name
High Court of Australia
Seat of court
Canberra
Judge
Gibbs; Mason; Murphy; Wilson; Brennan; Deane; Dawson
Reference number
(1983) 158 CLR 1
Language
English
Keyword
Dam Inland waters Constitutional law Cultural heritage Protected area Law reform/harmonization/deregulation
Abstract

In this case, the plaintiff is the State of Tasmania. The State of Tasmania is challenging the World Heritage Properties Conservation Act 1983 federal law which is used by the federal government to prevent the government of Tasmania to build a dam on the Franklin River. Indeed, the law was passed in order to allow the federal government to prevent damages that could be done to World Heritage sites such as the Franklin River.

The State of Tasmania, who supported the construction of the dam, challenged the World Heritage Properties Conservation Act, 1983 in front of the High Court of Australia on the basis that the federal government was exceeding its power by passing a law which would extend its power to World Heritage sites.

The judges of the High Court considered that the law was in line with the constitution because it was authorised under the "external affairs" power of the federal government. Indeed, the Court considered that the federal government was just implementing a treaty through this law and therefore that it was not violating the constitutional balance between the federal government and the States.

Full text
158clr1.html