The State of Western Australia passes the Heritage Caves Protection Act 2026 (WA), which permanently prohibits any construction, quarrying or land clearing within 20 km of the Wurran Caves, an area containing significant Aboriginal cultural heritage and rare limestone formations. A company plans to build a large cement plant near the caves.
After the WA Act is passed, the Commonwealth Parliament enacts the World Heritage Implementation Act 2026 (Cth) relying on s 51(xxix) (external affairs). The Commonwealth Act gives the federal environment minister power to approve industrial developments that would otherwise be restricted by state law if the minister is satisfied the approval is consistent with Australia’s obligations under a World Heritage Convention listing that includes the Wurran Caves area.
WA argues that land use and mining-related regulation are residual powers and that its Act should control what happens near the caves. The company argues that the Commonwealth approval should operate despite the WA prohibition.
Explain, with reference to the role of s 51 of the Australian Constitution and residual powers, how a landmark High Court decision such as Commonwealth v Tasmania (1983) 158 CLR 1 (Tasmanian Dam Case) could be used to predict whether the Commonwealth law is likely to operate over the WA law in this scenario.
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Create Free Account Log inThis is a free QCE Units 3 & 4 Legal Studies practice question worth 5 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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