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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
1983 1
Decision Date
1983-07-01 1
Holding
Held, 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 Status
In 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
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Sources
1. Commonwealth v Tasmania (Wikipedia)
WikipediaLead paragraph - entity-description
Quote, Lead paragraph - entity-description
Commonwealth v Tasmania (popularly known as the Tasmanian Dam Case) was a significant Australian court case, decided in the High Court of Australia on 1 July 1983.
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1. Commonwealth v Tasmania (Wikipedia)
WikipediaLead paragraph - decision-year
Quote, Lead paragraph - decision-year
decided in the High Court of Australia on 1 July 1983
View the Source
1. Commonwealth v Tasmania (Wikipedia)
WikipediaSignificance section - holding
Quote, Significance section - holding
It is now firmly established that under section 51(xxix) of the Australian Constitution the Australian Government has the power to enact legislation that is reasonably capable of being considered appropriate and adapted to fulfill Australia's international legal obligations.
View the Source
1. Commonwealth v Tasmania (Wikipedia)
WikipediaSignificance section - case-statusView the Source
1. Commonwealth v Tasmania (Wikipedia)
WikipediaIn Category: Landmark Cases, Category placement - in-categoryView the Source
1. Commonwealth v Tasmania (Wikipedia)
WikipediaDecided By: High Court of Australia, Lead paragraph - decided-byView the Source
1. Commonwealth v Tasmania (Wikipedia)
WikipediaIn Legal System: Common Law, Significance section - in-legal-systemView the Source

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