Robinson v Western Australian Museum [1977] HCA 46

High Court of Australia Barwick C.J. Gibbs, Stephen, Mason, Jacobs and Murphy JJ. Robinson v Western Australian Museum [1977] HCA 46

ORDER Demurrer overruled with costs.

Cur. adv. vult.

The following written judgments were delivered:—

1977, Aug. 31 Barwick C.J.

In the year 1656 a Dutch vessel named Vergulde Draeck or Gilt Dragon on its way from the East Indies to Holland in the course of trade, was blown off course and succumbed to an uncharted reef on the West Australian coast near Ledge Point, between the present towns of Lancelin and Yanchep some 40 miles or so north of Perth. The remains of the vessel thus wrecked now lie on the floor of the ocean some 2.87 miles from the nearest point of that coast. The plaintiff claims to have located the remains of the vessel and subsequently, after an interval of time, to have relocated them and to have extracted therefrom a number of articles. He has brought this suit seeking a declaration that State legislation, namely the Museum Act, 1959-1964 W.A. ("the Museum Act, 1959"), the Museum Act, 1969 W.A. which Act repealed the Museum Act 1959, and the Maritime Archaeology Act, 1973 W.A. ("the Maritime Archaeology Act") are in fact void as being beyond the legislative competence of the State of Western Australia. He claims that, if valid, these laws would prevent him from continuing to explore the remains of the vessel and to remove therefrom any of the things it was carrying or which had formerly been affixed thereto and to obtain salvage or other compensation for what he has already done or might yet do in relation to the wreck. The State challenges the plaintiff's interest to bring such a suit and asserts the validity of the legislation. Two principal questions arise for decision: first, has the plaintiff a sufficient interest to maintain the suit and, secondly, are the State laws valid enactments of the legislature of Western Australia.