The World Heritage Area (WHA) in Tasmania is close to the Lemonthyme and Southern Forests. The obligations in regard to the WHA are set out in the World Heritage Properties Conservation Act 1983 (Cth) and the Convention for the Protection of the World Cultural and Natural Heritage. In accordance with these instruments a Commission of Inquiry was tasked with identifying areas of cultural and/or natural heritage and which areas are able to be utilised by the forestry industry ensuring that the industry causes ‘least damage’ to the WHA areas.

The application was for an interlocutory injunction against any activities that relate to the course of forestry industry until the inquiry   

The plaintiff’s argument was that the World Heritage Properties Conservation Act 1983 is valid as an exercise of the legislative power being an implementation of the convention. The defendant’s argument was that the Act is invalid to the extent to which it prohibits the doing of acts in the protected area during the interim period.

Held: The Act is valid in its entirety

Order: protection period of restraint from in the course of forestry, damaging any tree or part of tree from the area defined in the Lemonthyme and Southern Forests (Commission of Inquiry) Act 1987 (Cth). Additionally no construction or establishment of any road or track in the protected area.

(Summary provided by Eva Sheppard from the Queensland University of Technology)