Commonwealth of Australia and Anor v The State of Tasmania and Anor 1983 (HCA) (aka Tasmanian Dams Case)

Question 1

Summary

Answer 1

Tasmania wanted to build a large hydro-electric dam.

Question 2

Relevant part of Law

Answer 2

Australia’s international obligations under the World Heritage Convention.

Question 3

Issue

Answer 3

Was it a state power or a residual power? No mention of environment in s51.

Question 4

Key Outcome

Answer 4

Commonwealth had power under s51 (xxix) external affair powers to stop the dam based on the international obligations. It rules that statutory authorities such as Tasmanian Hydro Electricity Commission could be trading corporations under s51(xx) and therefore subject to Commonwealth legislation. Therefore, the Commonwealth could regulate of such trading corporations.