Commonwealth v WMC Resources Ltd

[1998] HCA 8
Judgment date
Case number
M58/1996
Before
Brennan CJ, Toohey, Gaudron, McHugh, Gummow, Kirby JJ
Catchwords

Constitutional law – Acquisition of property – Application of s 51 (xxxi) to areas geographically external to Australia – Statutory permit to explore for petroleum granted in area of disputed sovereignty – Law reducing area covered by permit – Whether permit property capable of acquisition – Whether rights under permit could be extinguished without just terms compensation – Constitutional guarantee of just terms.


The Constitution, ss 51 (xxix), (xxxi).


Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990 (Cth).


Petroleum (Australia-Indonesia Zone of Cooperation) (Consequential Provisions) Act 1990 (Cth).


Petroleum (Submerged Lands) Act 1967 (Cth).


Seas and Submerged Lands Act 1973 (Cth).