Commonwealth v Tasmania

Commonwealth v The State of Tasmania
Court	High Court of Australia Canberra
Full case name	The Commonwealth of Australia v State of Tasmania
Decided	1 July 1983
Citation(s)	(1983) 158 CLR 1
Case history
Prior action(s)	none
Subsequent action(s)	none
Case opinions
(4:3) the Commonwealth validly prohibited construction of the dam, by virtue of the World Heritage Act (per Mason, Murphy, Brennan & Deane JJ) (4:0) any Constitutional restriction preventing the Commonwealth from inhibiting the functions of the States did not apply (per Mason, Murphy, Brennan & Deane JJ)
Court membership
Judge(s) sitting	Gibbs CJ, Mason, Murphy, Wilson, Brennan, Deane & Dawson JJ

(4:3) the Commonwealth validly prohibited construction of the dam, by virtue of the World Heritage Act (per Mason, Murphy, Brennan & Deane JJ)

Commonwealth v Tasmania (1983) 158 CLR 1 (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 Franklin River in Tasmania, which was supported by the Tasmanian government, but opposed by the Australian federal government and environmental groups.

In 1978, the Hydro-Electric Commission, then a body owned by the Tasmanian government, proposed the construction of a hydro-electric dam on 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.

In May 1982, a Liberal state government was elected which supported the dam. The federal Liberal government at the time, led by Malcolm Fraser, made offers of compensation to Tasmania, however they were not successful in stopping the dam's construction.

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