Queensland v The Commonwealth [1989] HCA 36

High Court of Australia Mason C.J. Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ. Queensland v The Commonwealth [1989] HCA 36

ORDER Answer the questions in the stated case as follows:

(1)

Is the inclusion of the property in the World Heritage List conclusive of the validity of the Proclamation?

Answer: Yes.

(2)

If not, what is the relevant inquiry to determine the validity of the Proclamation?

Answer: Unnecessary to answer.

The plaintiffs to pay the costs of the stated case.

Cur. adv. vult.

The following written judgments were delivered:—

June 30 Mason C.J., Brennan, Deane, Toohey, Gaudron and McHugh JJ.

This is a case stated by Gaudron J. in an action in which the plaintiffs seek a declaration of invalidity of a proclamation of 15 December 1988 made in purported pursuance of s. 6(3) of the World Heritage Properties Conservation Act 1983 Cth ("the Act") in respect of a property described as "Wet Tropical Rainforests of North-East Australia". The property consists of a number of areas of land situated in the State of Queensland. Section 6(3) of the Act provides:

Where the Governor-General is satisfied that any property in respect of which a Proclamation may be made under this sub-section is being or is likely to be damaged or destroyed, he may, by Proclamation, declare that property to be property to which section 9 applies. The proclamation of 15 December 1988 described the property and recited the satisfaction of the Governor-General that it "is likely to be damaged". When s. 9 of the Act is made to apply to a property, it is forbidden to do an act without ministerial consent in relation to the property where that act is prescribed. We were informed that regulations prescribing acts which may not be done in relation to the property without ministerial consent (notably forestry operations) were made on 15 December 1988. The dispute in the case is whether the property is one "in respect of which a Proclamation may be made" under s. 6(3).