many aspects of the distribution of power in the Australian federal system, in
particular, the scope of Commonwealth legislative power, when the Commonwealth
takes action in its federal capacity, which has a role and influence in the implementation of soil conservation activities.
4.1 Australian Constitution
The Constitution is the sole instrument which distributes legislative power within
Australia. It was designed to foster the national interest and, historically, the creation
and development of national government have been a response to the need to deal
with national issues. On Federation in 1900, the Constitution provided that the
general power to legislate continued to operate unless the Commonwealth was
given exclusive power or the Commonwealth exercised its concurrent powers in
which case Section 109 of the Constitution provides that the Commonwealth law
prevails. In short, the Commonwealth was given specific powers, and the states were
left with a single, undefined corpus of residential power. The distribution of power is
determined by interpreting the words conferring specific powers upon the Commonwealth which are given their full and natural meaning.
36 Most Commonwealth
powers are concurrent, which allows for continuity through the continued use of
State power but enables the Commonwealth to enter and take over areas of power as
issues of national concern. However, the Commonwealth’s powers are limited, but
those limits are found by interpreting the scope of the Commonwealth powers, there
being no specific State powers by reference to which their limits can be determined.
This is the most fundamental single premise of constitutional interpretation so far as
the distribution of legislative power is concerned for the natural environment, and in
this regard, determines the role of the Commonwealth and states in relation to soil
conservation and natural resource management generally. Over time, the states have
established very effective lines of communication with the Commonwealth government on soil conservation, this being the reason why the states have had specific and
the bulk of legislation in this area.
37
4.2 Purpose of Commonwealth Laws
With regard to policy, and the national interest, the Commonwealth has a clear
responsibility to the management of soil as it is a natural resource of substantial
national interest, although various Commonwealth government-level policies
36 See Amalgamated Society of Engineers v Adel SS Co Ltd (1920) 28 CLR 129, Uther v Federal
Commissioner of Taxation [1947] 74 CLR 508.
37 Australia (1978a) and Hannam (2006).
190
I. Hannam
particular, the scope of Commonwealth legislative power, when the Commonwealth
takes action in its federal capacity, which has a role and influence in the implementation of soil conservation activities.
4.1 Australian Constitution
The Constitution is the sole instrument which distributes legislative power within
Australia. It was designed to foster the national interest and, historically, the creation
and development of national government have been a response to the need to deal
with national issues. On Federation in 1900, the Constitution provided that the
general power to legislate continued to operate unless the Commonwealth was
given exclusive power or the Commonwealth exercised its concurrent powers in
which case Section 109 of the Constitution provides that the Commonwealth law
prevails. In short, the Commonwealth was given specific powers, and the states were
left with a single, undefined corpus of residential power. The distribution of power is
determined by interpreting the words conferring specific powers upon the Commonwealth which are given their full and natural meaning.
36 Most Commonwealth
powers are concurrent, which allows for continuity through the continued use of
State power but enables the Commonwealth to enter and take over areas of power as
issues of national concern. However, the Commonwealth’s powers are limited, but
those limits are found by interpreting the scope of the Commonwealth powers, there
being no specific State powers by reference to which their limits can be determined.
This is the most fundamental single premise of constitutional interpretation so far as
the distribution of legislative power is concerned for the natural environment, and in
this regard, determines the role of the Commonwealth and states in relation to soil
conservation and natural resource management generally. Over time, the states have
established very effective lines of communication with the Commonwealth government on soil conservation, this being the reason why the states have had specific and
the bulk of legislation in this area.
37
4.2 Purpose of Commonwealth Laws
With regard to policy, and the national interest, the Commonwealth has a clear
responsibility to the management of soil as it is a natural resource of substantial
national interest, although various Commonwealth government-level policies
36 See Amalgamated Society of Engineers v Adel SS Co Ltd (1920) 28 CLR 129, Uther v Federal
Commissioner of Taxation [1947] 74 CLR 508.
37 Australia (1978a) and Hannam (2006).
190
I. Hannam