Maddocks Report for Federal Government - Relevance for Waste

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 affecting the waste sector (particularly, landfill facilities) 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 landfill facilities. 

The report notes features associated with the regulatory framework for landfill facilities that could facilitate adaptation to climate change, including the regulation of landfill facilities is undertaken at the state/territory level and is characterised by the use of best practice performance standards that are aimed at protecting the environment and are typically applied through guidelines that apply to the siting, design, construction and operation of landfill facilities.  The use of guidelines, which are a relatively flexible regulatory instrument, coupled with reliance on general performance standards provides some scope for addressing climate change at various stages of the life of a landfill facility.

However, the report also notes aspects of the regulatory framework for the supply of electricity that could hinder adaptation to climate change, including the regulatory options to deal with the impact of climate change on existing and closed landfills are limited. This is concerning because most waste facilities that are needed to serve urban and rural communities have already been established and decisions regarding siting and design were taken at the time of their establishment without regard to the risks that could arise as a result of 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:

John Rantino | Partner
Direct 61 3 9288 0694
john.rantino@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