Draft:Lake Pedder National Park

In response to the LPAC's challenge, and instead of approving its being heard by the Supreme Court, the government rapidly drafted a validating [[Bill (law)|Bill]]. The Bill passed the state's [[Tasmanian House of Assembly|House of Assembly]] on 10 AugustThreats over Pedder (1972, Friday August 11). The Canberra Times (ACT: 1926-1995), p. 3. Retrieved March 30, 2025, from http://nla.gov.au/nla.news-article101998675 and the [[Tasmanian Legislative Council|Legislative Council]] on 16 August 1972.Lake move defeated (1972, Thursday August 17). The Canberra Times (ACT: 1926-1995), p. 3. Retrieved March 30, 2025, from http://nla.gov.au/nla.news-article101999636 The [[Governor of Tasmania|Governor]] gave [[Royal assent]] to the ''Hydro-Electric Commission (Doubts Removal) Act 1972'' on 24 Augusthttps://www.austlii.edu.au/cgi-bin/viewdb/au/legis/tas/num_act/hcra197218o1972472/ and it became law. The Act was [[Ex post facto law|retroactive]], stating that, "the [Hydro-Electric] Commission has, and always has had, power to do all such acts, matters, and things on or in relation to land of the Crown as are necessary...whether or not that land has been, or is deemed by any enactment to have been, reserved, set aside, or dedicated for a public purpose...".https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/tas/num_act/hcra197218o1972472/

In response to the LPAC's challenge, and instead of approving its being heard by the Supreme Court, the government rapidly drafted a validating [[Bill (law)|Bill]]. The Bill passed the state's [[Tasmanian House of Assembly|House of Assembly]] on 10 AugustThreats over Pedder (1972, Friday August 11). The Canberra Times (ACT: 1926-1995), p. 3. Retrieved March 30, 2025, from http://nla.gov.au/nla.news-article101998675 and the [[Tasmanian Legislative Council|Legislative Council]] on 16 August 1972.Lake move defeated (1972, Thursday August 17). The Canberra Times (ACT: 1926-1995), p. 3. Retrieved March 30, 2025, from http://nla.gov.au/nla.news-article101999636 The [[Governor of Tasmania|Governor]] gave [[Royal assent]] to the ''Hydro-Electric Commission (Doubts Removal) Act 1972'' on 24 Augusthttps://www.austlii.edu.au/cgi-bin/viewdb/au/legis/tas/num_act/hcra197218o1972472/ and it became law. The Act was [[Ex post facto law|retroactive]], stating that, "the [Hydro-Electric] Commission has, and always has had, power to do all such acts, matters, and things on or in relation to land of the Crown as are necessary...whether or not that land has been, or is deemed by any enactment to have been, reserved, set aside, or dedicated for a public purpose...".https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/tas/num_act/hcra197218o1972472/

The "Doubts Removal" Act effectively protected the state government from any accusation that, in damaging Lake Pedder National Park, it had broken its own laws. The Act defended current as well as past hydro-electric works against any breach of the earlier ''Scenery Preservation Act'' or (more particularly) the new ''National Parks and Wildlife Act''.https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/tas/num_act/hcra197218o1972472/ The Act also exonerated the ''effects'' or wider impacts of these hydro works, including, specifically, "inundation", on the values of the national park,https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/tas/num_act/hcra197218o1972472/ rather than merely the works themselves as in the 1968 provision (the park's first modification).Statutory Rule No. 176 of 1968 (Tasmania). Gazettal: Tasmanian Government Gazette No. 14707 16th October 1968 p1571.

The "Doubts Removal" Act effectively protected the state government from any accusation that, in damaging Lake Pedder National Park, it had broken its own laws. The Act defended current as well as past hydro-electric works against any breach of the earlier ''Scenery Preservation Act'' or (more particularly) the new ''National Parks and Wildlife Act''.https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/tas/num_act/hcra197218o1972472/ The Act also exonerated the ''effects'' or wider impacts of these hydro works – including, specifically, "inundation" – on the values of the national park,https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/tas/num_act/hcra197218o1972472/ rather than merely the works themselves as in the 1968 provision (the park's first modification).Statutory Rule No. 176 of 1968 (Tasmania). Gazettal: Tasmanian Government Gazette No. 14707 16th October 1968 p1571.

On 22 August 1972, after the Act had passed both houses of parliament,Lake move defeated (1972, Thursday, August 17). The Canberra Times (ACT: 1926-1995), p. 3. Retrieved March 30, 2025, from http://nla.gov.au/nla.news-article101999636Back in Cabinet (1972, Tuesday, August 22). The Canberra Times (ACT: 1926-1995), p. 3. Retrieved March 30, 2025, from http://nla.gov.au/nla.news-article102000400 Everett returned to his previous role,Back in Cabinet (1972, Tuesday, August 22). The Canberra Times (ACT: 1926-1995), p. 3. Retrieved March 30, 2025, from http://nla.gov.au/nla.news-article102000400 but his relationship with Premier Reece was never the same again.Biography, Mervyn George (Merv) Everett (1917-1988) by Scott Bennett, in: Australian Dictionary of Biography, https://adb.anu.edu.au/biography/everett-mervyn-george-merv-12469 Accessed 31 March 2025. Everett had not necessarily been concerned for the imperilled Lake Pedder but for the principle that the [[Executive (government)|Executive]] should not deny citizens access to the [[Judiciary]].Biography, Mervyn George (Merv) Everett (1917-1988) by Scott Bennett, in: Australian Dictionary of Biography, https://adb.anu.edu.au/biography/everett-mervyn-george-merv-12469 Accessed 31 March 2025. L. Pedder case ban criticised (1972, Saturday, August 5). The Canberra Times (ACT: 1926-1995), p. 8. Retrieved March 30, 2025, from http://nla.gov.au/nla.news-article101997929

On 22 August 1972, after the Act had passed both houses of parliament,Lake move defeated (1972, Thursday, August 17). The Canberra Times (ACT: 1926-1995), p. 3. Retrieved March 30, 2025, from http://nla.gov.au/nla.news-article101999636Back in Cabinet (1972, Tuesday, August 22). The Canberra Times (ACT: 1926-1995), p. 3. Retrieved March 30, 2025, from http://nla.gov.au/nla.news-article102000400 Everett returned to his previous role,Back in Cabinet (1972, Tuesday, August 22). The Canberra Times (ACT: 1926-1995), p. 3. Retrieved March 30, 2025, from http://nla.gov.au/nla.news-article102000400 but his relationship with Premier Reece was never the same again.Biography, Mervyn George (Merv) Everett (1917-1988) by Scott Bennett, in: Australian Dictionary of Biography, https://adb.anu.edu.au/biography/everett-mervyn-george-merv-12469 Accessed 31 March 2025. Everett had not necessarily been concerned for the imperilled Lake Pedder but for the principle that the [[Executive (government)|Executive]] should not deny citizens access to the [[Judiciary]].Biography, Mervyn George (Merv) Everett (1917-1988) by Scott Bennett, in: Australian Dictionary of Biography, https://adb.anu.edu.au/biography/everett-mervyn-george-merv-12469 Accessed 31 March 2025. L. Pedder case ban criticised (1972, Saturday, August 5). The Canberra Times (ACT: 1926-1995), p. 8. Retrieved March 30, 2025, from http://nla.gov.au/nla.news-article101997929