Koowarta V Bjelke-Petersen - Consequences

Consequences

The case upheld the validity of the Racial Discrimination Act, and endorsed the Australian Government's use of the "external affairs" power to implement treaties not directly relating to other countries, an interpretation that would later become important in cases such as the Tasmanian Dam case, where a majority of four judges would adopt the reasoning favoured by Mason, Murphy and Brennan in this case. In another later case, the Industrial Relations Act case, a majority of five judges endorsed the same reasoning, thus cementing its place in Australian law.

The main part of the case, relating to the Queensland Government's action in blocking Koowarta's purchase of the lease, was remitted to the Supreme Court of Queensland. The decision there was eventually made in 1988, in favour of Koowarta. The sale was to proceed, but at the last minute, Bjelke-Petersen, in an act described by Australian Conservation Foundation councillor Kevin Guy as one of "spite and prejudice," declared the Archer River property a national park, the Archer Bend National Park (now known as the Mungkan Kandju National Park), to ensure that no one could ever own it. However, on 6 October 2010 Premier Anna Bligh announced that a 75,000 hectares (750 km2) portion of the park would be given over to the Wik-Mungkana peoples as freehold land.