Damming the Franklin

Since the flooding of Lake Pedder in the early 1970s the flooding of the Franklin and lower Gordon valleys for another large hydro-electric scheme had loomed as the next major Tasmanian conservation battle. In October 1981 the Commonwealth, at the request of the Tasmanian ALP government, nominated much of south-west Tasmania for UNESCO World Heritage listing. In December 1981 a state referendum offered Tasmanian voters a choice between dams above or below the confluence of the Gordon and Franklin rivers. Most of those who expressed a view supported the Hydro-Electric Commission's (HEC) preferred site below the Franklin, but some 45 per cent of those who voted indicated their opposition to any dam on the Gordon by voting informal or writing ‘No dams’. In May 1982 the Liberal Party, led by Robin Gray, defeated the ALP government in Tasmania and began work on the Gordon-below-Franklin dam. Gray also asked for withdrawal of the World Heritage listing, which the Commonwealth refused to do.

In September 1982 Environment Minister Tom McVeigh told Cabinet that the Commonwealth had three options. Firstly they could denounce the World Heritage Convention, which would free Australia from any obligation to protect south-west Tasmania. Secondly they could allow the dam to go ahead, telling the World Heritage Committee that under the Australian federal system it was a matter for Tasmania; however the Attorney-General’s Department advised that the Commonwealth could not evade its legal responsibilities under the Convention. Thirdly the Commonwealth could try to stop the dam by offering to fund an alternative power source or acquiring the land on which the dam was to be built.

There followed prolonged discussions within Cabinet and with Tasmanian ministers, which made it clear that Tasmania was determined to build the dam and the Commonwealth would not withdraw the World Heritage nomination. The dam became a major national issue, with a blockade of the Gordon River by conservationists which began in November 1982 and saw more than 1,000 people arrested. In December 1982 the World Heritage Committee accepted the nomination, but asked that south-west Tasmania be placed on the list of world heritage sites in danger. On 13 January 1983 Cabinet decided that the Commonwealth would not attempt to coerce Tasmania over the dam or intervene in State affairs by exercising powers that might be available to it under the constitution. It would however offer $500 million to fund a coal-fired power station of equal capacity, an offer that was announced by Fraser on 19 January.

The dam was a significant issue in the 5 March federal election. The ALP undertook to stop the dam and moved quickly after it had gained office. On 16 March Cabinet decided that if the Tasmanian government refused to stop the project it would invoke the external affairs power and make regulations under the National Parks and Wildlife Conservation Act. If these were ignored the Commonwealth would seek a High Court injunction to stop the dam and also seek to pass the World Heritage Properties Protection Bill. On 8 and 9 April the RAAF flew surveillance missions over the dam site. The Tasmanian government refused to stop work on the dam and the issue went to the High Court on 31 May. The court ruled 4–3 in favour of the Commonwealth on 1 July and Cabinet’s attention turned to delivering a large compensation package to Tasmania, including two other hydro-electric schemes on the west coast and a range of road, rail and tourist development works.

Selected documents

	Series title	Date range	Series number
	[Fraser] Submission 5693, 13 August 1982, Commonwealth position on South-West Tasmania	1982	A12909, 5693
	[Fraser] Submission 5833, 28 October 1982, South-West Tasmania – World Heritage Convention	1982	A12909, 5833
	[Fraser] Decision 19558, 13 January 1983, South-West Tasmania	1983	A13075, 19558
	[Hawke] Submission 7, 15 March 1983, South-West Tasmania – legal strategy for stopping the Gordon-below-Franklin dam	1983	A13977, 7
	[Hawke] Memorandum 102, 24 May 1983, South-West Tasmania – Commonwealth undertaking for damages	1983	A13978, 102