Landmark Cases
Commonwealth v Tasmania
Also Known As Tasmanian Dam Case
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Commonwealth v Tasmania, popularly the Tasmanian Dam Case, is a 1983 decision of the High Court of Australia arising from a dispute over the proposed construction of a hydroelectric dam on the Gordon River in Tasmania. The Tasmanian government supported the project; the federal government opposed it after the area was designated a World Heritage site under the UNESCO World Heritage Convention and passed the World Heritage Properties Conservation Act 1983 to stop construction. A 4-3 majority held that the federal government could validly prohibit the dam under section 51(xxix) of the Australian Constitution, the external affairs power, because the legislation gave effect to Australia's treaty obligations, a ruling that substantially expanded federal power over the states.
Facts
Decision Year Decision Date HoldingHeld, 4-3, that the federal Parliament could validly enact legislation under the external affairs power, section 51(xxix) of the Australian Constitution, to prohibit construction of the dam, because the World Heritage Properties Conservation Act 1983 was reasonably capable of being considered appropriate and adapted to implement Australia's international treaty obligations under the World Heritage Convention. 1 Current StatusIn force; its broad reading of the external affairs power remains the leading authority for federal implementation of international treaty obligations in Australian constitutional law. 1 Cross-Tradition Connections
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