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What was the reason for the Tasmanian Franklin Dam court case?
The Tasmanian Government continued with construction of the dam, arguing that the Commonwealth had no constitutional power to stop it. The Commonwealth Government sought an injunction (a court order to stop work) in the High Court.
Who was involved in the Tasmanian dam case?
As we probably all remember, the High Court held in 1983 that the Commonwealth Government had the power to stop the Tasmanian Government from building the Gordon below Franklin Dam. That decision was arrived at by a four-three majority (Mason, Murphy, Brennan and Deane JJ; Gibbs CJ, Wilson and Dawson JJ dissenting).
When was the Tasmanian dam case?
1983The High Court's 1983 decision in the Tasmanian Dam Case was a defining moment in Australian law and politics. The Court's decision had enormous implications for the constitutional and political relationship between the Commonwealth and State governments.
Which power in the Constitution came into question during the Tasmanian dam case?
In the Tasmanian Dam case the High Court considered difficult questions about several important provisions of the Australian Constitution. Central among these was the proper interpretation of the external affairs power of the Commonwealth Parliament; s 51(xxix).
Who saved the Franklin River?
In 1982 protesters and environmental activists worked with the Australian Government to stop the damming of the Franklin River. This action saved a key wilderness area in Tasmania and created a political precedent for the raising of environmental concerns in parliament.
What does section 51 of the Australian Constitution State?
Section 51 of the Australian Constitution lists the areas in which the Australian Parliament can make laws. These national issues include foreign affairs, defence and Medicare. Areas not listed in section 51 are the responsibility of state governments.
Who wanted to dam the Franklin River?
the Tasmanian Hydro-Electric CommissionTasmanians were sharply divided over a 1978 proposal to dam the Franklin River and generate hydro-electricity. In 1978 the Tasmanian Hydro-Electric Commission—with approval from the Tasmanian Government—announced plans to build a dam on the Franklin River to generate hydro-electricity.
Who stopped the damming of the Franklin River?
The Australian Labor Party (ALP) led by Bob Hawke took an anti-Franklin Dam stance, and the TWS ran a national 'Vote for the Franklin' campaign urging voters to support ALP candidates in marginal House of Representatives seats. One of the Hawke government's first actions was to pass regulations prohibiting the dam.
Who can change the Australian Constitution?
The Australian Constitution can only be altered by referendum. In a referendum, all Australians of voting age vote yes or no for the proposed changes. To succeed, a majority of voters nationwide and a majority of States (four out of six) must approve the changes.
Why is the Franklin River important?
Saving the Franklin Campaign. For many Australians, the Franklin River is best known as the site of the largest conservation battle in Australian history. In 1978, the Tasmanian Government announced its decision to dam the lower Gordon River for the purpose of generating hydroelectricity.
Does Tasmania have high courts?
The Supreme Court of Tasmania is the highest State court in the Australian State of Tasmania. In the Australian court hierarchy, the Supreme Court of Tasmania is in the middle level, with both an appellate jurisdiction over lower courts, and decisions made by Court to be heard on appeal by the High Court of Australia.
What did Premier gray do in the Franklin Dam case?
The new Liberal Government under Premier Robin Gray supported the construction of a dam on the Franklin River and started the building process. It also asked the Australian Government to withdraw the heritage nomination.
Who was involved in the Franklin Dam dispute?
The Australian Labor Party (ALP) led by Bob Hawke took an anti-Franklin Dam stance, and the TWS ran a national 'Vote for the Franklin' campaign urging voters to support ALP candidates in marginal House of Representatives seats. One of the Hawke government's first actions was to pass regulations prohibiting the dam.
What role did Premier gray play in the Franklin Dam case?
In May 1982 the Holgate Labor government was defeated by the strongly pro-dam Liberal Party under Robin Gray. The new Premier immediately ordered the original plan to go ahead and passed the necessary legislation.
What did Premier gray do in the Franklin Dam case?
The new Liberal Government under Premier Robin Gray supported the construction of a dam on the Franklin River and started the building process. It also asked the Australian Government to withdraw the heritage nomination.
Who wanted to dam the Franklin River?
the Tasmanian Hydro-Electric CommissionTasmanians were sharply divided over a 1978 proposal to dam the Franklin River and generate hydro-electricity. In 1978 the Tasmanian Hydro-Electric Commission—with approval from the Tasmanian Government—announced plans to build a dam on the Franklin River to generate hydro-electricity.
Overview
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. The case was a landmark decision in Australian constitutional law, and was a significant moment in the history of conservation in Australia. The case centred on the proposed construction of a hydro-electric dam on the Gord…
Background to the case
In 1978, the Hydro-Electric Commission, then a body owned by the Tasmanian government, proposed the construction of a hydro-electric dam on the Gordon River, below its confluence with the Franklin River, in Tasmania's rugged south-west region. The dam would have flooded the Franklin River. In June 1981 the Labor state government created the Wild Rivers National Park in an attempt to protect the river. The boundaries would have allowed the construction of another da…
Case
The case revolved around several major constitutional issues, the most important being the constitutional validity of the World Heritage Properties Conservation Act 1983 (or World Heritage Act). The division of powers between the Australian federal government and the individual state governments are defined mainly by section 51 of the Australian constitution. The federal government had taken a range of actions, which they claimed were authorised under specific su…
Decision
A four to three majority of the seven members of the High Court held that the federal government had legitimately prevented construction of the dam, and that the World Heritage Act was authorised under the "external affairs" power. Although other parts of the Act were invalid, the provision banning the construction of dams was valid.
Consequences
The case ended the HEC's plans to construct more hydro-electric dams in Tasmania.
The legal debate over the extent of the "external affairs" power continued for a decade in a series of cases in the High Court in which the wide view of the external affairs power prevailed. 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 a…
Definition of Aboriginality
The case was later referred to in other cases regarding the definition of Aboriginality (Aboriginal Australian identity). Commonwealth v Tasmania had defined an Aboriginal or Torres Strait Islander as "a person of Aboriginal or Torres Strait Islander descent who identifies as an Aboriginal or Torres Strait Islander and is accepted as such by the community in which he or she lives". The ruling was a three-part definition comprising descent, self-identification and community identific…
See also
• Australian constitutional law
• Franklin Dam controversy
• 1981 Tasmanian power referendum
Bibliography
• Commonwealth v Tasmania – Full text of the decision in the High Court of Australia.
• Australian Constitution – Full text.
• World Heritage Properties Conservation Act, 1983 (Cth) – Full text.
• UNESCO – the World Heritage Centre