Constitutional law experts questioned whether the PM had the legal power to take control of the system, which apparantly supplies water to 85% of Australia's irrigated crops.
20 odd years ago the Federal Government passed laws that overrided the Tasmanian government's plan to dam the Gordon Franklin. Then they used the external affairs power .
If the States dont hand over their power, Mr Howard will have three choices
- he could drop the plan
- take it to the High Court, or
- seek a mandate for change through a referendum
The Commonwealth could use a range of powers to cover many of the areas covered in the Governments blue-print
- the corporations power could be used to provide legislation surrounding business using water in the basin
- the external affairs power could be used to write legislation concerning treaties that cover the environment and water quality.
- apparently it would be difficult to use the trade and commerce power, thanks to section 100 (this says states have the right to reasonable use of water for conservation and irrigation
All this points more and more to the people of this country understanding that State Governments are past their use by date. Federal Government needs to be linked to strong regional / local government.
Ditto for a centralised Australian property register with uniform property laws.
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