← All Authorities
Australia Leading Case parliamentary sovereignty

Commonwealth v Tasmania (Tasmanian Dam Case)

(1983) 158 CLR 1
JurisdictionAustralia
CourtHigh Court of Australia
Year1983
StatusBinding authority

Summary

Commonwealth legislation implementing the World Heritage Convention validly overrode a Tasmanian dam project under the external affairs power in s.51(xxix) of the Constitution.

Key Principle

External affairs power; Commonwealth legislation to implement World Heritage Convention validly overrides state dam project; s.51(xxix)

Area of Law

constitutional

Related Cases

NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 97 ALJR 1005

Indefinite administrative detention of a non-citizen with no real prospect of removal is unlawful as punitive and contrary to Ch III of the Australian Constitution, overruling Al-Kateb v Godwin.

Farm Transparency International v NSW (2022) 276 CLR 81

HCA upheld NSW ag-gag laws as valid notwithstanding a burden on the implied freedom of political communication, applying the structured proportionality test.

Palmer v Western Australia (2021) 272 CLR 505

HCA upheld WA COVID-19 border closure legislation as valid under s.92, finding restrictions on interstate movement were reasonably necessary and proportionate to protect public health.

Ask CommonBench about this case

Get a detailed analysis of Commonwealth v Tasmania (Tasmanian Dam Case) and how it applies to your situation.

Explain Commonwealth v Tasmania (Tasma...