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[Page 1]
[Header and footer in red ink:] CONFIDENTIAL
[Header and footer in black ink:] CABINET-IN-CONFIDENCE
Copy No. 51
[Heading:] CABINET MINUTE
Canberra, 16 March 1983
[dividing line]
Decision No. 61
[dividing line]
[Stamped in black ink:] THIS DOCUMENT IS NOT [underlined] TO BE COPIED
[Subheading:] Submission No. 7 – South-West Tasmania – Legal Strategy for Stopping the Gordon-Below-Franklin Dam
The Cabinet agreed that the Commonwealth Government adopt the following strategy in relation to construction of the Gordon-Below-Franklin Dam:
(a) the Prime Minister request the Premier of Tasmania to enter into meaningful negotiations in relation to the Dam and to impose a moratorium on construction of the Dam while the negotiations are proceeding;
(b) if after a period of ten days the Premier refuses to enter into negotiations or refuses to impose a moratorium, the Government take action in exercise of the Commonwealth’s external affairs power (Section 51(xxix) of the Constitution) to make and gazette appropriate regulations under Section 69 (1) of the National Parks and Wildlife Conservation Act 1975;
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[Page] 2.
[Header and footer in black ink:] CABINET-IN-CONFIDENCE
[Underlined heading] Decision No 61 (Cont’d)
(c) in the event that the regulations referred to in sub-paragraph (b) above are not heeded, the Commonwealth immediately seek injunctions in the High Court to stop work on the Dam;
(d) should the Tasmanian Government challenge the validity of the regulations, the Commonwealth seek interim injunctions pending the High Court’s decision;
(e) in addition to the action referred to in sub-paragraph (a) to (d) above, the Commonwealth introduce into the Parliament, as soon as possible, a Bill, along the lines of the World Heritage Properties Protection Bill passed by the Senate last year, which would be drafted to take advantage of available Commonwealth powers, including the external affairs power; and
(f) the proposed Bill apply immediately to South-West Tasmania and potentially (if prescribed) to other World Heritage Properties that may become endangered.
[Stamped in black ink:] THIS DOCUMENT IS NOT [underlined] TO BE COPIED
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[Page] 3.
[Header and footer in black ink:] CABINET-IN-CONFIDENCE
[Underlined heading] Decision No 61 (Cont’d)
2. The Cabinet noted that against the possibility of the proposed regulations or the Bill being held to involve an acquisition of property, provision would be made in the regulations and the legislation for the payment of ‘just terms’ in that event.
3. The Cabinet further noted that the Prime Minister would be writing to the Premier of Tasmania in accordance with the strategy set out in paragraph 1 above.
[Handwritten signature:] G Yeend
Secretary to Cabinet
[Stamped in black ink:] THIS DOCUMENT IS NOT [underlined] TO BE COPIED
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