The Case That Saved the Franklin: Commonwealth v Tasmania [1983]

Dive into the iconic Tasmanian Dams Case, which upheld the federal government’s ability to legislate on environmental protection under international treaty obligations, setting a precedent for environmental law across states, including New South Wales and Victoria.

Case Summary

The High Court ruled in favour of the Commonwealth, halting Tasmania’s plan to construct a dam on the Franklin River, a site of World Heritage significance.

Legal Analysis

The Court held that the federal government could legislate on environmental matters under its external affairs power, as the site was protected under an international treaty.

Social Implications

The case united environmentalists and galvanised public opinion, marking the rise of environmental activism in Australia. It also cemented the role of federal intervention in protecting national heritage.

Continuing Impact

The decision remains a cornerstone for environmental law, influencing conservation efforts and legislation in NSW and Victoria.