Commonwealth v Tasmania
Key Principle
Broadly interpreted the external affairs power to uphold Commonwealth legislation preventing the construction of a dam in Tasmania, based on World Heritage Convention obligations
In this landmark environmental case, the High Court upheld the Commonwealth's World Heritage Properties Conservation Act 1983, which prevented Tasmania from damming the Franklin River. The 4-3 majority confirmed that the external affairs power extended to implementing international conventions such as the World Heritage Convention, even where this overrode State laws on matters traditionally within State control.