Commonwealth of Australia v State of Western Australia

[1999] HCA 5
Judgment date
Case number
C4/1998
Before
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords

Statutes – Construction – Whether Mining Act 1978 (WA) applies to land owned or leased by the Commonwealth.

Real property – Grants – Freehold grant – Crown lease – Reservations for mining and minerals – Construction of reservations.

Constitutional law – Effect of s 64 of the Judiciary Act 1903 (Cth) – Application of Mining Act 1978 (WA) to land owned or leased by the Commonwealth.

Constitutional law – Inconsistency of laws – Whether Lands Acquisition Act 1989 (Cth) inconsistent with Mining Act 1978 (WA).

Constitutional law – Inconsistency of laws – Whether Defence Force Regulations (Cth) inconsistent with Mining Act 1978 (WA).

Constitutional law – Acquisition of property – Whether Defence Force Regulations (Cth) effect an "acquisition of property" under s 51 (xxxi) of the Constitution.

Words and phrases – "Crown land" – "operational inconsistency" – "private land".

The Constitution, ss 51(xxxi), 109.

Commonwealth Places (Application of Laws) Act 1970 (Cth), s 4(1).

Judiciary Act 1903 (Cth), s 64.

Lands Acquisition Act 1955 (Cth), ss 8, 51 & 53(2).

Lands Acquisition Act 1989 (Cth), Pt X.

Defence Force Regulations (Cth), Pt XI.

Mining Act 1978 (WA).