Commonwealth v Tasmania

The Commonwealth of Australia sought a declaration that the *World Heritage Properties Conservation Act 1983* (Cth) was valid and that the *World Heritage Properties Conservation (Notification of Declarations) Act 1983* (Tas) was invalid. The dispute arose from Tasmania's intention to proceed with the construction of a dam on the Gordon River, which would have affected the Tasmanian Wilderness World Heritage Area. The High Court of Australia was tasked with determining the constitutional validity of the Commonwealth legislation and its effect on Tasmania's legislative powers.

The central legal issues before the Court were whether the Commonwealth Parliament had the constitutional power to enact legislation for the protection of World Heritage properties, and if so, whether the *World Heritage Properties Conservation Act 1983* (Cth) validly exercised that power. Specifically, the Court had to consider the scope of the external affairs power conferred by section 75(xxix) of the Australian Constitution, and whether the Commonwealth's obligations under the *Convention Concerning the Protection of the World Cultural and Natural Heritage* (the World Heritage Convention) could found such legislation. The Court also had to determine if the Tasmanian Act, which sought to prevent the Commonwealth from exercising its powers in relation to the dam project, was constitutionally valid.

The majority of the High Court held that the Commonwealth *did* possess the constitutional power to enact the *World Heritage Properties Conservation Act 1983* (Cth) pursuant to the external affairs power. This power extended to implementing into domestic law obligations arising under international treaties to which Australia was a party, provided the legislation was appropriate and adapted to giving effect to those obligations. The Court found that the World Heritage Convention was a valid international convention and that the Commonwealth legislation was a proper exercise of its power to implement Australia's obligations under that convention. Consequently, the Tasmanian Act, which purported to override the Commonwealth's legislative authority in this area, was found to be invalid as it contravened the superior Commonwealth legislation.

The High Court made declarations that the *World Heritage Properties Conservation Act 1983* (Cth) was valid and that the *World Heritage Properties Conservation (Notification of Declarations) Act 1983* (Tas) was invalid. The Court also granted an injunction restraining Tasmania from carrying out the dam construction.