Tasmanian Dam Case - Environmental Law Australia

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What is the Tasmanian Dam Case known for?

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The Tasmanian Dam Case is the most famous and influential environmental law case in Australian history and a landmark in Australian constitutional law.

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What was the Commonwealth Government's role in the Tasmanian Dam Case?

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The Commonwealth Government succeeded in stopping a large hydro-electric dam proposed in South-West Tasmania by using its power under section 51(xxix) of the Australian Constitution.

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What was the proposed project in the Tasmanian Dam Case?

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The Tasmanian Hydro-Electric Commission proposed to construct the Franklin Dam or the Gordon-below-Franklin Dam on the Gordon River, which would have flooded a large section of the Franklin River.

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When was the area proposed for the dam nominated for World Heritage listing?

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The area was nominated for listing under the World Heritage Convention in 1981 and declared a World Heritage site in 1982.

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What did the Labor Party promise during the 1983 federal election?

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The Labor Party, led by Bob Hawke, promised to intervene and prevent the construction of the dam.

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What legislation did the Commonwealth Government pass to stop the dam?

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The Commonwealth Government passed the World Heritage Properties Conservation Act 1983 and the National Parks and Wildlife Conservation Act 1975 to prohibit activities within the Tasmanian Wilderness World Heritage Area.

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What was the outcome of the High Court decision in the Tasmanian Dam Case?

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In a 4:3 decision, the High Court upheld the validity of the Commonwealth laws, preventing the dam from proceeding.

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What constitutional power was central to the Tasmanian Dam Case decision?

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The decision centered on the Commonwealth's power under section 51(xxix) of the Australian Constitution, known as the 'external affairs' power.

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How does the Tasmanian Dam Case impact modern Australian environmental law?

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The case supports the constitutional validity of the Environment Protection and Biodiversity Conservation Act 1999, which protects World Heritage properties, Ramsar wetlands, threatened species, and migratory species.