High Court rules on the Franklin Dam Case

01 December 1983

In the early 1980s the Tasmanian Government started constructing a dam on the Gordon River. The dam would generate hydroelectricity but flood the nearby Franklin River region which was considered a pristine wilderness. The area was placed on the UNESCO World Heritage list in 1982, but this did not automatically prevent the construction of the dam – only Australian law could do that.

Using its external affairs powers under section 51 (xxix) of the Australian Constitution, the Australian Parliament passed the World Heritage Properties Conversation Act 1983. This law used Australia's international treaty obligations to stop the Tasmanian Government’s construction of the dam from going ahead and protect the world heritage site. The Tasmanian Government challenged this law in the High Court of Australia.

The High Court ruled the Australian Parliament could use the powers granted to it in the Constitution to protect wilderness areas in Tasmania under threat from the construction of the dam. The ruling also widened the Australian Parliament’s scope of power over the states.

The widespread protest in response to the proposed flooding of the Franklin and Gordon River valleys for the dam was the largest of its type in Australia. The issue gained national and international attention.