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Maddocks Report for Federal Government - Relevance for Telecommuncations

January 2012
Intellectual Property

On Friday, 20 January 2012, the federal government released a report prepared by Maddocks for the Department of Climate Change and Energy Efficiency.

The report – "The Role of Regulation in Facilitating or Constraining Adaptation to Climate Change for Australian Infrastructure" – examines the regulatory frameworks affecting some of Australia's most important infrastructure and associated services to determine the extent to which these frameworks facilitate effective adaptation.

The report identifies the different types of regulatory tools available to decision-makers and regulators in managing advantages and disadvantages of these tools and identifies the appropriate circumstances for their use.

The report also sets out principles that should be adopted in designing and implementing regulation for climate change adaptation and makes recommendations for the appropriate roles for different levels of government.

The report includes an examination of the regulatory framework applicable to the telecommunications sector to determine whether it is capable of addressing the spectrum and scale of climate change risks that are likely to materialise in the future for telecommunications infrastructure in Australia. 

The report notes features associated with the regulatory framework that could facilitate adaptation to climate change, including technical standards and codes, which can be developed in co-operation with industry under the regulatory framework, can be used to build resilience into new and existing infrastructure.

However, the report also notes aspects of the regulatory framework for the telecommunications sector that could hinder adaptation to climate change, including the regulatory framework does not direct nor co-ordinate investment in telecommunications infrastructure, leaving carriers free to determine the type, use and location of infrastructure which they deploy.  This could mean that telecommunications infrastructure is developed in a manner that is not adequate to provide the degree of resilience to climate change impacts that might be required.

The report has been described by the federal government as "a useful resource for planners and regulators, as well as local and state government decision makers".  The government has also indicated that the report will supplement work being undertaken by the Productivity Commission in its current inquiry into regulatory and policy barriers to climate change adaptation.

Click here to access the report.

If you have any questions regarding the report, please contact:

Brendan Coady | Partner
Direct 61 2 9225 6258
brendan.coady@maddocks.com.au

Dariel De Sousa | Consultant
Direct 61 3 9288 0552
dariel.desousa@maddocks.com.au

John Thwaites | Consultant
Direct 61 3 8615 0380
john.thwaites@maddocks.com.au