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Tasmanian Dam Case

The Tasmanian Dam Case centered around the Tasmanian government's plan to build a hydroelectric dam in a conservation area recognized as having World Heritage significance. The Commonwealth Government passed legislation to protect the area, believing it had the power to do so under its external affairs power. Tasmania disagreed, proceeding with construction plans. The High Court ultimately found in favor of the Commonwealth, ruling that its external affairs power allowed legislation protecting areas of international concern. The dam construction was stopped and the protected rivers preserved.

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119 views

Tasmanian Dam Case

The Tasmanian Dam Case centered around the Tasmanian government's plan to build a hydroelectric dam in a conservation area recognized as having World Heritage significance. The Commonwealth Government passed legislation to protect the area, believing it had the power to do so under its external affairs power. Tasmania disagreed, proceeding with construction plans. The High Court ultimately found in favor of the Commonwealth, ruling that its external affairs power allowed legislation protecting areas of international concern. The dam construction was stopped and the protected rivers preserved.

Uploaded by

Jojobaby51714
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Tasmanian dam Case

Facts:
The Tasmanian government wanted to build a hydroelectric
dam on the Franklin and Gordon river system.
Protesters were against this as it was a recognised
conservation area.
The Commonwealth Government passed a law recognising the
area as of World Heritage significance, which must be
protected.
Tasmania refused to stop, believing that the building of the
dam was a residual power of the states.
Issues
There were two issues in this case:
The building of the dam in a significant region
Whether or not the Commonwealth had power to make a law
declaring the area protected.
Findings
The High Court found that under section 51(xxix) the external
affairs power the federal government has the power to legislate
over any matter of international concern.

Since the federal law was declared valid, section 109 of the
Constitution meant that the Commonwealth law overrode the
state law because it was inconsistent
The dam construction was stopped and the Franklin and Gordon
rivers preserved for the future generation.

Separation of Powers
The doctrine of separation of powers was develop in 18th
century France by Charles de Secondat Montesquieu
It ensures that the powers of government are not
concentrated in one place, with one person or a group of
people.
If one person or group holds all state power, it risks being
abused, and the rights of citizens are at risk.

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