The Queensland Parliament passes the Wild Rivers (Mining Ban) Act 2026 (Qld), which prohibits all new mining approvals within the Marrala River Basin. The Marrala River Basin includes wetlands that are listed under an international environmental treaty. Soon after, the Commonwealth Parliament passes the Environmental Treaty Implementation Act 2026 (Cth). The Commonwealth Act allows the federal environment minister to approve mining projects in any area covered by the treaty, provided the minister imposes conditions to protect the wetlands.
A mining company applies for approval under the Commonwealth Act to develop a mine in the Marrala River Basin. Queensland refuses to recognise any approval, arguing that mining regulation is a matter for the states because it is not listed in the Commonwealth’s powers. The Commonwealth argues it can legislate and approve the project under s 51 of the Australian Constitution and that the Queensland Act cannot prevent the Commonwealth approval from operating.
Assume the Commonwealth Act is otherwise validly enacted and the project satisfies the treaty-related criteria in the Commonwealth Act.
b. Using Commonwealth v Tasmania (1983) 158 CLR 1 (Tasmanian Dam Case), explain how a landmark High Court decision can affect the practical balance between Commonwealth powers under s 51 and state residual powers.
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Create Free Account Log inThis is a free QCE Units 3 & 4 Legal Studies practice question worth 4 marks, testing your understanding of s 51 & residual powers. It falls under Topic 1: Governance in Australia in Unit 3: Law, governance and change. Submit your answer above to receive instant AI-powered marking and personalised feedback.
In Unit 3, students examine the complexities of the Australian legal system and its capacity to deal with the diversity of competing needs. They explore the role of legal institutions and law-making bodies in creating laws that reflect the views of society. Students consider the range of forces that create catalysts for change and reform, and how laws are changed or reformed to reflect shifting societal demands.
In Topic 1, students consider the processes and roles of government in shaping law in Australia and Queensland. They examine how federal and state or territory legal institutions respond to forces of change and the impact of landmark cases.
role of s 51 of the Australian Constitution, and residual powers with reference to current and/or landmark cases, e.g. the Tasmanian Dam Case (Commonwealth v Tasmania (1983) 158 CLR 1)
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