High Court of Australia
High Court of Australia Gibbs C.J. Mason, Murphy, Wilson, Brennan, Deane and Dawson JJ. Commonwealth v Tasmania [1983] HCA 21
ORDER Actions No. C6 of 1983 and No. C8 of 1983
1. Is s. 69 of the National Parks and Wildlife Conservation Act 1975 valid in so far as it enables:
(a) the making of Regulations for and in relation to giving effect to the World Heritage Convention;
(b) the making of the World Heritage (Western Tasmania Wilderness) Regulations?
Answer:
1.
(a) Yes.
(b) No.
2. Does the decision of the validity or invalidity of the World Heritage (Western Tasmania Wilderness) Regulations or any of them depend upon the judicial determination of the disputed allegations or any of them contained in the annexed Statement of Facts and Allegations?
Answer: No.
3. If no to question 2, are the said Regulations or any of them invalid?
Answer: Yes, they are all invalid.
4. If yes to question 2, which of the disputed allegations are necessary to be determined in order to enable a decision as to the validity or invalidity of the said Regulations to be made?
Answer: Unnecessary to answer.
5. If no to question 3, is the Gordon River Hydro-Electric Power Development Act 1982 Tas. valid?
Answer: Unnecessary to answer in these proceedings.
6. If no to question 5, must the second defendant pursuant to s. 15B of the Hydro-Electric Commission Act Tas. direct the third defendant in writing to cease to construct the development specified in Schedule 1 to the Gordon River Hydro-Electric Power Development Act 1982 Tas.?
Answer: Not answered.
Action No. C12 of 1983
1. Are any of the provisions of
(a) ss. 6 and 9
(b) ss. 7 and 10
(c) ss. 8 and 11
(d) s. 17
of the World Heritage Properties Conservation Act valid?
Answer:
1.
(a)
(i) Sub-sections (1), (2)(b) and (3) of s. 6 are valid. It is unnecessary to determine the validity of the other paragraphs of s. 6(2).
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