MACQUARIE TELECOM Group (ASX: MAQ), has welcomed the publication of the Security Legislation Amendment (Critical Infrastructure) Bill, introduced to Parliament on December 10  by Minister for Home Affairs, Peter Dutton.

The Critical Infrastructure Bill will recognise telecommunications and data centres as critical national infrastructure for the first time.

“The COVID-19 pandemic and sudden lockdowns have highlighted the economy’s dependence on telecommunications and data services, and Australians’ expectation that these services will be accessible even in the worst of circumstances," Macquarie Telecom Group CEO, avid Tudehope said.

"But the lockdowns also highlighted that these industries were not actually officially recognised as being essential or critical to the functioning of society," he said.

“This new legislation will rectify this as it recognises the infrastructure that enables our digital economy to function as critical infrastructure that needs to be secured from all hazards just as our water, energy and other vital national assets are.”

Mr Tudehope said Macquarie Telecom believed the legislation would help ensure the resilience and security of Australia’s digital and physical infrastructure in the face of growing risks. The company believed this was a shared responsibility, with government "providing the leadership and intel needed to guide critical infrastructure owners and operators".

“As a provider of cloud, data centre and telecommunications services to governments and businesses, we understand the risks to data security and networks,” Mr Tudehope said.

“These risks are significant and underscore the importance of a comprehensive approach to national security. Securing government and critical business data involves more than just protecting the physical infrastructure from unauthorised access.  It requires stringent compliance with internationally recognised standards and the application of best-in-class technology and operational frameworks.”

He said while welcoming the new framework, Macquarie believed that the new security expectations in relation to critical business data should apply more generally across all critical infrastructure sectors. 

“A critical infrastructure operator’s data should be treated as a critical asset regardless of whether it is kept inhouse, hosted by a third-party cloud or data centre, or located offshore. It should be subject to the same security expectations and standards regardless of who is storing it or where it is located," Mr Tudehope said.

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THE INTERIM recommendations of a Parliamentary Inquiry into Juukan Gorge have confirmed HESTA’s view that without an independent review of agreements between mining companies and Traditional Owners, investors cannot be confident this clear financial risk is being appropriately managed.

The Joint Standing Committee on Northern Australia’s Interim Report recommended all mining companies operating in WA conduct independent reviews of their agreements with Traditional Owners, and publicly commit to not using ‘gag orders’ to prevent Traditional Owners protecting their rights.

“The work of this Parliamentary Inquiry has shone an invaluable light on how mining companies are negotiating agreements and engaging with Traditional Owners,” HESTA CEO Debby Blakey said.

“The finding that the tragedy at Juukan Gorge was ‘inevitable’ given current mining industry practices and inadequate legal and regulatory frameworks is extremely concerning to investors.

“Mining companies failing to negotiate fairly and in good faith with Traditional Owners represents a clear systemic risk to investors. Only an industry-wide independent review will provide certainty to investors that this risk is properly managed.”

Ms Blakey said HESTA would continue working with other large global investors to engage with Australian mining companies on how they are responding to the Inquiry’s recommendations.

“The inescapable findings of the Inquiry are that Aboriginal heritage sites remain vulnerable to destruction. It would be unacceptable to investors that boards of mining companies are not actively and transparently seeking to understand their exposure to this risk,” Ms Blakey said.

“After all that has occurred at Rio, the boards of mining companies need to show investors that they have appropriate oversight and effective governance frameworks in place to ensure respectful, fair and ongoing engagement with Traditional Owners.”

The Inquiry’s recommendations that Rio Tinto pay restitution and implement a moratorium on mining across the Juukan Gorge area highlight to companies and investors alike the financial costs from actions that damage a company’s social licence to operate.

Ms Blakey said mining companies could start by publicly stating they will not enforce gag orders in the current agreements, allowing Traditional Owners to raise heritage concerns.

She said HESTA strongly supported the Inquiry’s recommendation that companies with current ‘Section 18’ permissions halt all operations unless it can be established and verified that there is current, free, prior and informed consent obtained from Traditional Owners.

“This Inquiry’s important work is ongoing and represents a significant turning point in how the mining industry and Government manage heritage issues in this country,” Ms Blakey said.

“I’d like to commend all Committee members for their work on this issue during this very difficult time, and particularly Chair Warren Entsch.

“The comprehensive and bipartisan findings of this Inquiry have revealed glaring gaps in the protection of Indigenous Heritage, and we have a responsibility to all Australians and the world to ensure the tragedy of Juukan Gorge never happens again,” Ms Blakey said.

About HESTA

HESTA is the largest superannuation fund dedicated to Australia’s health and community services sector. An industry fund that’s run only to benefit members, HESTA now has over 870,000 members (more than 80% are women) and manages more than $56 billion in assets invested around the world. As a responsible steward of their members’ retirement savings, HESTA focuses on achieving strong, sustainable, long-term returns while making a positive difference to the world members will retire into. HESTA is the acronym for Health Employees Superannuation Trust Australia.

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A NEW parliamentary report highlights the importance of faster rail investment in Australia’s economic recovery and proposes a fairer and more sustainable funding approach.

John Alexander OAM MP, Chair of the House of Representatives Infrastructure, Transport and Cities Committee, last month tabled the report for the committee’s inquiry into options for financing faster rail.

"Before COVID-19, this committee saw funding faster rail using value capture as an opportunity. Today, it’s an imperative," Mr Alexander said.

Value capture is a means by which governments can more fairly fund part, or all, of the costs of rail infrastructure projects and provide relief for taxpayers now and in the future, the report said.

"When government funded infrastructure is clearly linked to significant property value uplifts, or rezoning, governments have a duty to taxpayers to secure just, equitable and fair portions of these increases in property values," Mr Alexander said.

The report makes three recommendations which focus on value capture and value sharing, addressing the missed opportunities where property values rise dramatically as a result of taxpayer funded rail infrastructure.

"During the inquiry the committee considered the issue of fairness: Is it fair for the taxpayer to fund infrastructure that creates great wealth for landowners, speculators and developers? Should the taxpayer receive a return when their money is invested? Is it fair that we leave future generations to pay for our spending today?" Mr Alexander said.

The report builds on the committee’s work in the 45^th Parliament. In two previous reports, the committee recommended a value capture model be designed and utilised in Australia, with the Australian Government, state and territory, and locals governments working together in a coordinated approach to value capture.

The report and further information about the inquiry is available on the committee’s website.

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THE Parliament's Parliament’s Northern Australia Committee Chair, Warren Entsch, has made it clear about the ramifications of the an interim report of the inquiry into the destruction of Indigenous heritage sites at Juukan Gorge, WA.

"Never again can we allow the destruction, the devastation and the vandalism of cultural sites as has occurred with the Juukan Gorge—never again!" he said.

The report, simply titled Never Again, highlights the disparity in power between Indigenous peoples and industry in the protection of Indigenous heritage, and the serious failings of legislation designed to protect Indigenous heritage and promote native title. Mr Entsch noted there were a lot of factors that contributed to the destruction of the Juukan Gorge shelters.

"The PKKP (Puutu Kunti Kurrama and Pinikura peoples) faced a perfect storm, with no support or protection from anywhere," Mr Entsch said. "They were let down by Rio Tinto, the Western Australian Government, the Australian Government, their own lawyers, and Native Title law.

"In making these recommendations today, the Committee and I want to break that cycle. The neglect of the PKKP people stops here."

The report makes seven recommendations focusing on improving relations between industry and Aboriginal and Torres Strait Islander peoples and improving the legislative framework protecting Indigenous heritage.

Among other things, it urges Rio Tinto to commit to:

• A moratorium on mining in the Juukan Gorge area;
• Rehabilitation of the Juukan Gorge site;
• A review of all agreements with Traditional Owners;
• A stay of all actions under s.18 of the Aboriginal Heritage Act 1972;
• A voluntary moratorium on s.18 applications;
• A return of all artefacts to the Puutu Kunti Kurrama and Pinikura peoples.

Other sections of the mining industry are urged to make similar commitments, while the Western Australian Government is urged to pursue urgent reform of current State laws. The Committee also recommended on urgent review of the Aboriginal and Torres Strait Island Heritage Protection Act 1984, and changes to its application and administration in the meantime.

Mr Entsch emphasised that the report was an interim report and that the inquiry would continue.

"The scale of the inquiry, the sheer volume of evidence that the Committee has received, and continues to receive, and the serious constraints posed by COVID-19, means that the Committee felt unable to do full justice to the inquiry in so short a time,": Mr Entsch said.

"As a result, the Committee has chosen to table this interim report addressing its findings to date and setting forth recommendations which will be built upon next year (2021)."

A copy of the interim report can be obtained from the Committee’s website or from the secretariat on (02) 6277 4162.

Further details of the inquiry, including terms of reference, can be found on the Committee’s website.

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