Queensland v The Commonwealth [1989] HCA 36

Queensland v The Commonwealth [1989] HCA 36

The inclusion of the property in the World Heritage List by the Committee is conclusive of its status for the purposes of the Act and determines that there is an international duty of protection and conservation, so that the requirements for a valid proclamation under the World Heritage Properties Conservation Act 1983 (Cth) are met and the law is supported by the external affairs power in s. 51(xxix) of the Constitution.

Jurisdiction
Australia
Procedural Posture
Stated Case/declaratory Action / High Court Judgment
Outcome
Plaintiffs to pay costs; questions in stated case answered as follows: (1) Yes, inclusion in the World Heritage List is conclusive of the proclamation's validity. (2) Unnecessary to answer.
Legal Topics
['external Affairs Power' 'world Heritage Properties Conservation Act' 'implementation of International Treaties' 'validity of Proclamation' 'obligations Under the World Heritage Convention']
['constitutional Law' 'administrative Law' 'international Law'] ['external Affairs Power' 'world Heritage Properties Conservation Act' 'implementation of International Treaties' 'validity of Proclamation' 'obligations Under the World Heritage Convention']

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Procedural Posture

Stated Case/declaratory Action / High Court Judgment

Legal Issues

  1. 1 ['Whether the inclusion of property in the World Heritage List is conclusive of the validity of the proclamation under the World Heritage Properties Conservation Act 1983 (Cth)' "Whether the Act's provisions are supported by the external affairs power in s. 51(xxix) of the Constitution" "What constitutes an 'international duty' to protect and conserve listed property"]

Ratio Decidendi

The inclusion of the property in the World Heritage List by the Committee is conclusive of its status for the purposes of the Act and determines that there is an international duty of protection and conservation, so that the requirements for a valid proclamation under the World Heritage Properties Conservation Act 1983 (Cth) are met and the law is supported by the external affairs power in s. 51(xxix) of the Constitution.

Court Disposition

Plaintiffs to pay costs; questions in stated case answered as follows: (1) Yes, inclusion in the World Heritage List is conclusive of the proclamation's validity. (2) Unnecessary to answer.

Orders

  • ['Question (1): Is the inclusion of the property in the World Heritage List conclusive of the validity of the Proclamation? Answer: Yes.' 'Question (2): If not, what is the relevant inquiry to determine the validity of the Proclamation? Answer: Unnecessary to answer.' 'Plaintiffs to pay the costs of the stated case.']