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The Commonwealth of Australia v State of Tasmania

País/Territorio
Australia
Tipo de la corte
Nacional - corte superior
Fecha
Jul 1, 1983
Fuente
UNEP, InforMEA
Nombre del tribunal
High Court of Australia
Sede de la corte
Canberra
Juez
Gibbs; Mason; Murphy; Wilson; Brennan; Deane; Dawson
Número de referencia
(1983) 158 CLR 1
Idioma
Inglés
Palabra clave
Presa Aguas continentales Derecho constitutional Patrimonio cultural Zona protegida Reforma legal/armonización/desregulación
Resumen

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.

Texto completo
158clr1.html