Maddocks Report for Federal Government - Relevance for Transport

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 frameworks applicable to transport infrastructure to determine whether they are capable of addressing the spectrum and scale of climate change risks that are likely to materialise in the future for our roads, rail, ports and airports. 

The report notes features associated with the regulatory frameworks that could facilitate adaptation to climate change, including a variety of existing tools are available within some jurisdictions for particular transport modes, which could facilitate adaptation to climate change.  For example:

• Infrastructure management plans, which require ongoing maintenance and repair of infrastructure.
• Environmental management plans, which require the identification and management of environmental hazards.

These tools could be used to identify, assess and respond to the impact of climate change.

However, the report also notes aspects of the regulatory frameworks for transport that could hinder adaptation to climate change, including Australia's transport sector is characterised by its fragmented nature.  Each state and territory jurisdiction regulates the various modes of transport separately.  Within each of these modes, a range of regulatory roles relating to planning, funding, contribution, operation and maintenance are often divided between various government department and authorities.  While some jurisdictions have sought to co-ordinate the management of various transport modes through searching legislation.  These Acts have so far failed to deliver a truly co-ordinated approach, which might be needed to effectively combat climate change.

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:

Patrick Ibbotson | Partner
Direct 61 2 8223 4169
patrick.ibbotson@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