EXPLANATORY STATEMENT
Issued by the authority of the Administrator of the Territory of Christmas Island
Christmas Island Act 1958 (Cth)
Christmas Island Utilities and Services Ordinance 2016
Christmas Island Utilities and Services (Water, Sewerage and Building Application Services Fees) Amendment Determination 2025
Authority
Section 6 of the Christmas Island Utilities and Services Ordinance 2016 (the Ordinance) authorises the Administrator of Christmas Island to make provision for the supply and use of utilities and services about, amongst other things, water and sewerage on Christmas Island. Section 7 of the Ordinance provides that the Administrator may impose a fee for the provision of such utilities and services.
Purpose and Operation
The Christmas Island Utilities and Services (Water, Sewerage and Building Application Services Fees) Amendment Determination 2025 (Determination) amends the Christmas Island Utilities and Services (Water, Sewerage and Building Application Services Fees) Determination 2016 (the Principal Determination).
The Determination updates fees payable for the supply of water, sewerage and building application services on Christmas Island.
Impact and Effect
This Determination will not create any additional regulatory impact on consumers of these utilities and services.
The increases in fees outlined in this Determination have a minor financial impact on consumers in the form of a 2.5% increase for residential charges, 2.5% increase for
non-residential charges, average 2.5% increase for miscellaneous fees and charges, and
a 2.5% increase in water flow reduction/restoration fees.
Basis for Determining Fees
It is Australian Government policy that, wherever possible, there should be parity in the cost of provision of state-type services on Christmas Island to those applied in a similar remote Australian mainland location. While the Australian Government aims for full cost recovery across its range of operations, it is acknowledged that for some locations this may not be achievable. Christmas Island is an area where recouped fees for water and sewerage are currently less than the cost of supply.
The Australian Government’s contracted service provider is the Water Corporation, owned by the Western Australian (WA) Government, to deliver water and wastewater services for Christmas Island. This relationship is managed through a Service Delivery Arrangement (SDA) with the Australian Government. As part of the SDA, Water Corporation provides advice in relation to the cost of providing water, sewerage and building application services to Christmas Island.
To achieve parity in cost of provision, the water, sewerage and building services application fees on Christmas Island are generally set by consideration of those charged by
Water Corporation using the same methodology as it applies to regional towns in WA. This activity is guided by the Water Services (Water Corporations Charges) Regulations 2014 (WA).
The fee structure charged on Christmas Island does not include a GST component, because it is Australian Government policy not to charge GST in the Territory of Christmas Island.
Conditions to be satisfied
The Ordinance does not specify conditions that need to be satisfied before the power to make the Determination may be exercised.
Consultation
There was no consultation with residents of Christmas Island because the Determination is administrative in nature and contributes to the ongoing cost of operating this service.
As the fees are determined based on the same methodology as is used for remote WA locations, it is considered that the expertise applied by the Water Corporation and the independent scrutiny of the WA Government is the most thorough process to adopt.
Water Corporation fees are reported annually in the WA State Budget - Budget Paper No. 3 Economic and Fiscal Outlook.
Following registration of the Determination on the Federal Register of Legislation, the
Christmas Island community is informed of the charges for water, sewerage and building application services fees through a Community Bulletin issued by the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts.
Summary of the Determination
The Determination amends the Principal Determination to update the fees payable for the supply of water, sewerage and building application services on Christmas Island.
The Determination is a legislative instrument for the purposes of the Legislation Act 2003 and is subject to parliamentary scrutiny and disallowance under Part 2 of Chapter 3 of that Act. The Determination will be automatically repealed under section 48A of that Act, as it is a solely amending instrument.
Details of the Determination are set out in Attachment A.
Statement of Compatibility with Human Rights
A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out at Attachment B.
ATTACHMENT A
Details of the Christmas Island Utilities and Services (Water, Sewerage and Building Application Services Fees) Amendment Determination 2025
Section 1 – Name
This section provides that the name of this Determination is the Christmas Island Utilities and Services (Water, Sewerage and Building Application Services Fees) Amendment
Determination 2025.
Section 2 – Commencement
This section provides that this Determination commences on 1 July 2025.
Section 3 – Authority
This section provides that this Determination is made under paragraph 7(2)(a) of the Christmas Island Utilities and Services Ordinance 2016.
Section 4 – Schedules
This section provides that each instrument that is specified in a Schedule to this Determination is amended or repealed as set out in the applicable items in the Schedule.
Schedule 1 – Amendments
Christmas Island Utilities and Services (Water, Sewerage and Building Application Services Fees) Determination 2016
Item 1 – Subsection 6(2)
Item 1 amends subsection 6(2) of the Christmas Island Utilities and Services (Water, Sewerage and Building Application Services Fees) Determination 2016 by deleting
“1 July 2024” and substituting with ”1 July 2025”. This sets the date that the new fees determined by these amendments apply from as 1 July 2025.
Item 2 – Subclause 1(2) of Schedule 1 (table items 1-6)
Item 2 amends subclause 1(2) of Schedule 1 to update the fee amounts in table items 1 to 6.
Items 1, 2, 3, 4, 5 and 6 of the table shown at subclause 1(2) of Schedule 1 to the
Christmas Island Utilities and Services (Water, Sewerage and Building Application Services Fees) Determination 2016 are repealed and are substituted with revised fees for the supply of water services.
Fixed fees for water are calculated based on the category of land to which that service is provided and, in the case of non-residential land, the size of the meter servicing that land. Section 5 of the Christmas Island Utilities and Services (Water, Sewerage and Building Application Services Fees) Determination 2016 defines these land categories.
Service charges help cover the cost of providing clean and safe drinking water in
Christmas Island, taking away wastewater and disposing of it in a socially and environmentally friendly way.
Service charges are separate from water usage charges. Service charges are an annual charge, with the cost divided across bills for the year. The amount paid on each bill depends on the number of days within that billing period, as follows:
1 July to 30 August (62 days)
1 September to 31 October (61 days)
1 November to 31 December (61 days)
1 January to 28 February (59 days, or 60 days if a leap year)
1 March to 30 April (61 days)
1 May to 30 June (61 days)
Where a usage charge crosses two financial years (where rates are updated during the billing cycle), the customer is charged the fees payable at the commencement of the billing cycle, not the end.
Table item 1 – Residential land
A fixed fee is imposed for the provision of water services and this fee increases 2.5% from $289.65 to $ 296.89.
Table item 2 – Commercial land or industrial land (other than land mentioned in item 5), commercial/residential land, mining land, government land, or shipping (supply of water services to land for the purpose of water being taken on board a ship in a port).
This table item lists the fixed fee imposed for the provision of water services for the following categories of land. The amount of that fee is in relation to the size of the pipe servicing that land. This fee increases 2.5% across the range of meter sizes as follows:
(a) no meter or a 15 mm or 20 mm increases from $307.80 to $ 315.50
(b) 25 mm increases from $480.98 to $493.00
(c) 40 mm increases from $1,231.28 to $1,262.06
(d) 50 mm increases from $1,923.84 to $1,971.94
(e) 80 mm increases from $4,925.05 to $5,048.18
(f) 100 mm increases from $7,695.38 to $7,887.76
(g) 150 mm increases from $17,314.62 to $17,747.49
Table item 3 – Institutional/public land, charitable purposes land or local government land
The fixed fee for water services to this land remains at Nil.
Table item 4 – Vacant land
The fixed fee for this land with access to a water main or wastewater (sewer) main pay service charges even if there is no connection. This contributes to the cost of providing and maintaining essential services and increases 2.5% from $289.65 to $296.89.
Table item 5 – Strata-titled commercial or industrial land, if sharing a water service
The fixed fee for this land increases 2.5% from $307.80 to $315.50.
Table item 6 – Any land, for the supply of a fire service
Fire services may be required for some developments under the Building Code of Australia. Local shires are also responsible for ensuring that the appropriate fire protection design requirements are included in a building.
The fixed fee for a fire service increases 2.5% from $307.80 to $315.50.
Item 3 – Clause 1 of Schedule 2 (table items 1-6)
Item 3 amends clause 1 of Schedule 2 to update the fee amounts in table items 1 to 6.
Items 1, 2, 3, 4, 5 and 6 are repealed in the table shown at Clause 1 of Schedule 2 to the Christmas Island Utilities and Services (Water, Sewerage and Building Application Services Fees) Determination 2016 and are updated in the table reflecting the revised fixed fees for the supply of sewerage services.
This schedule provides for the fixed fees for the supply of sewerage services to a range of land types. This is an annual charge that covers the cost of safely removing, treating and discharging the water that a household uses, including kitchen, laundry and toilet (wastewater). It also covers the cost of maintaining the pipe network that transports wastewater.
Table item 1 – Residential land
A fixed fee is applied to residential land based on the Gross Rental Value (GRV). The GRV is established by the WA Valuer-General, Valuation Services, Landgate under the
Valuation of Land Act 1978 (WA)(CI). GRV is defined at Section 4(1) of the Valuation of Land Act 1978 (WA)(CI). This fee increases 2.5% and the rate in the dollar increases from $0.16055 to $0.16456 per $1 of GRV.
The minimum annual fee increases 2.5% from $481.14 to $493.17 and the maximum annual fee increases 2.5% from $1,313.55 to $1,346.39.
Table item 2 – Commercial or industrial land (other than land mentioned in Item 6) or mining land
This fixed fee is subject a minimum annual fee or the number of fixtures. These fees increase 2.5% as follows:
(a) First major fixture increases from $1,155.37 to $1,184.25.
(b) Second major fixture increases from $494.56 to $506.92
(c) Third major fixture increases from $660.48 to $676.99.
(d) Each subsequent major fixture increases from $718.23 to $736.19.
(e) Minimum annual fee increases from $1,155.37 to $1,184.25.
Table item 3 – Vacant land
The GRV rate in the dollar calculation in Item 1 applies to vacant land and to achieve an overall increase in revenue of 2.5% the rate in the dollar is adjusted from $0.16055 to $0.16456 per $ of GRV.
The minimum fee and maximum fees increase 2.5%. The minimum fee increases from $316.60 to $324.52 and the maximum fee (if zoned for future residential use) increases from $1,313.55 to $1,346.39.
Table item 4 – Institutional/public land, charitable purposes land or local government land
A fixed, per fixture fee applies to land in this category. This fee increases 2.5% and the fee for the first major fixture increases from $310.42 to $318.18. The fee for each subsequent major fixture increases from $136.57 to $139.98 per fixture.
Table item 5 – Government land
A fixed, per fixture fee applies to land in this category. This fee increases 2.5% as follows:
(a) First major fixture increases from $1,155.37 to $1,184.25.
(b) Second major fixture increases from $494.56 to $506.92.
(c) Third major fixture increases from $660.48 to $676.99.
(d) Each subsequent major fixture from $718.23 to $736.19.
Table item 6 – Strata-titled commercial or industrial land, if sharing a major fixture
A fixed fee applies to land in this category. This fee increases 2.5% from $718.23 to $718.23.
Item 4 – Clause 1 of Schedule 3 (table items 1-7)
Item 4 amends clause 1 of Schedule 3 to update the fee amounts in table items 1 to 7.
Items 1, 2, 3, 4, 5, 6 and 7 in the table shown at Clause 1 of Schedule 3 to the
Christmas Island Utilities and Services (Water, Sewerage and Building Application Services Fees) Determination 2016 are repealed and substituted with items that reflect the revised quantity fees for the supply of water and sewerage services.
Customers are encouraged to save water and the quantity fee will continue to be adjusted to reflect the real cost of providing water. To encourage the careful use of water, the fees are structured so that the price per kilolitre increases as more water is used.
Table item 1 – Residential land or Vacant land that has been zoned for residential purposes.
Water consumption used by a household is calculated from meter readings and then multiplied by an amount per kilolitre according to the water use fee ‘Class’ for a town or area. The ‘Class’ (1 to 5) is established according to cost or providing services to that location. The meter reading year ends in April when households revert to the lowest usage range.
Christmas Island residential properties remain at Class 5 – Water use price north of the
26th parallel as it appears in Schedule 3 to the Water Services (Water Corporation Charges) Regulations 2014 (WA).
The quantity fee per kilolitre for residential land increases 2.5% as per the following usage ranges:
- 0kL - 350kL increases from $1.953 to $2.052 per kilolitre.
- 351kL – 500kL increases from $2.667 to $2.734 per kilolitre.
- 501kL – 750kL increases from $5.919 to $6.067 per kilolitre.
- Over 750kL increases from $10.178 to $10.432 per kilolitre.
Table item 2 – Commercial/Residential land
Schemes throughout WA are classified according to the cost of operating that scheme. Water consumption is charged according to non-residential classifications 1 to 15
Non-residential water consumption rates as outlined in Schedule 3 to the Water Services (Water Corporations Charges) Regulations 2014 (WA). The Christmas Island scheme remains at classification 15.
Water use quantities below 150 kilolitres increases 2.5% from $2.002 to $2.052 per kilolitre.
Water usage quantities above 150 kilolitres increase 2.5% from $9.687 to $9.929 per kilolitre.
Table item 3 – Vacant land not mentioned in item 1
The quantity fee for vacant land not mentioned in item 1 increases 2.5% from $9.687 to $9.929 per kilolitre of water used.
Table item 4 – Government land
The quantity fee Government land increases 2.5% from $9.687 to $9.929 per kilolitre of water used.
Table item 5 - Institutional/public land used for non-government schools, churches or community facilities, charitable purposes land or local government land. The quantity fee for the supply of water to this land type increases 2.5% from $2.939 to $3.012 per kilolitre of water used.
Table item 6 – Commercial land, industrial land, mining land, or shipping (supply of water services to land for the purpose of water being taken on board a ship in port).
These land categories increase 2.5% from $9.687 to $9.929 per kilolitre of water used.
Table item 7 – Commercial land, government land or industrial land - discharge to sewer
The quantity fee for sewer discharge volume applies and encourages customers to explore ways of minimising discharge to sewer (e.g. water efficient appliances, dual flush toilets, low flow shower roses and taps).
The quantity fee for sewer discharge volumes above 200 kilolitres increases 2.5% from $4.246 to $4.352 per kilolitre. The method of calculation for this fee is explained in clause 2 of Schedule 3 to the Christmas Island Utilities and Services (Water, Sewerage and Building Application Services Fees) Determination 2016.
Item 5 – Subclause 1(1) of Schedule 4 (table items 1-10)
Item 5 amends subclause 1(1) of Schedule 4 to update the fee amounts in table items 1 to 10.
Table item 1 – Relocation of service
This will be charge based on actual/ quoted cost.
Table item 2 – Water service disconnection or reconnection
This will be charge based on the quoted cost.
Table item 3 - Activating water supply connection
The fees for activating a water supply connection to land, whether or not at the same time as installing the connection, the charge increases from $210.05 to $215.30.
Table item 4 - Installing water supply connection
This will be charged at the quoted cost.
Table item 5 – Special meter readings for change of owner or occupier
The fee for meter readings conducted within 7-days of receipt of request increases
2.5% from $24.03 to $24.63.
In cases where an urgent meter reading is required the fee for meter readings within 2-days of receipt of request, increases 2.5% from $36.86 to $37.79.
Table item 6 – Advice of sale requests
(a) Advice – standard from $32.91 to $33.73 an increase of 2.5%.
(b) Advice – urgent from $45.74 to $46.88 an increase of 2.5%.
Table item 7 – Meter tests
The fee for the testing meters in (a) 20 mm to 25 mm meters increases 2.5% from $125.93 to $129.08.
Due to the variation of work involved in the testing of larger meters, the fee for testing of meters over 25 mm is the cost involved in the disconnection and sending for testing.
Water Corporation will advise this fee on an individual basis.
Table item 8 – Restoration of service after restriction
Following a service restriction, the fee to restore a service between 7 am and 4 pm on any day except Saturday, Sunday or a public holiday, increases 2.5% from $236.00 to $241.90. This pricing increase reflects the cost of providing the service.
The fee to restore services after restriction at any other time increases 2.5% from $375.01 to $384.39. This pricing increase reflects the cost of providing the service.
Table item 9 – Sewer connection
This will be charged at the quoted cost.
Table item 10 – Installation of sewer junction
This will be charged at the quoted cost.
Item 6 – Subclause 1(1) of Schedule 5 (table items 1-4)
Item 6 amends subclause 1(1) of Schedule 5 to update the fee amounts in table items 1 to 4.
Items 1, 2, 3 and 4 in the table shown at subclause 1(1) of Schedule 5 to the
Christmas Island Utilities and Services (Water, Sewerage and Building Application Services Fees) Determination 2016 are repealed and substituted with items that reflect the revised quantity fees for the supply of the building application service of dealing with a notice under section 82 of the Water Services Act 2012 (WA)(CI) to construct or alter the buildings and dwellings set out in the table items.
Table item 1 – dwelling (other than a multi-residential dwelling)
The fee for a dwelling (other than a multi-residential dwelling) increases 2.5% from $113.74 to $116.59 per application.
Table item 2 – building (including a pool or garage)
The fee for a building (including a pool or garage) in the area associated with a dwelling that (a) is not a multi-residential dwelling and (b) is on land that is sewered increases 2.5% from $113.74 to $116.59 per application.
Land is sewered if a wastewater inlet on the land is, connected to a sewer, or could be connected, if the owner or occupier of the land chose to (see subclause 1(2) of Schedule 5 to the Christmas Island Utilities and Services (Water, Sewerage and Building Application Services Fees) Determination 2016).
Table item 3 – multi-residential dwelling
The fee for a multi-residential dwelling increases 2.5% from $208.04 to $213.24 per application.
Table item 4 – building or dwelling not covered by items 1 to 3
The fee for a building other than a building covered by items 1, 2 or 3 increases 2.5% from $267.00 to $273.67 per application.
ATTACHMENT B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Christmas Island Utilities and Services (Water, Sewerage and Building Application Services Fees) Amendment Determination 2025
This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Determination
The Christmas Island Utilities and Services (Water, Sewerage and Building Application Services Fees) Amendment Determination 2025 (the Determination) sets the updated fees for the provision of water and water-related services to Christmas Island from 1 July 2025.
The Australian Government aims for full cost recovery across its range of operations. However, it is acknowledged that for some locations this may not be achievable.
Christmas Island is an area where recouped fees are currently less than the cost of supply.
It is Australian Government policy that, wherever possible, there should be parity in the cost of provision of state-type services on Christmas Island with those applied in a similar remote Australian mainland location.
The Determination reflects an increase of:
- 2.5% increase for residential charges
- 2.5% increase for non-residential charges
- 2.5% increase for miscellaneous fees and charges.
Water flow reduction/restoration fees have increased by 2.5% this year this year to provide cost-of-living assistance, which is the same as last year’s 2.5% increase.
Human rights implications
The Determination engages the right to an adequate standard of living.
The right to an adequate standard of living in Article 11 of the International Covenant on Economic, Social and Cultural Rights requires that Australia ensure the availability, adequacy and accessibility of food, water and housing for all people in Australia.
The right to an adequate standard of living also requires Australia to ensure that there is sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses. This includes the protection against arbitrary and unlawful disconnection of water and access to a minimum amount of safe drinking water to sustain life and health.
The range and standard of services provided on Christmas Island are similar to those provided in remote Australian communities with similar characteristics, particularly demographic characteristics or service provision needs, recognising any special needs of this community.
Under a Service Delivery Arrangement with the Australian Government, Water Corporation provides water and sewerage services to the Christmas Island community. Water Corporation operates under the Water Services Act 2012 (WA)(CI) and maintains similar standards and conditions that apply to regional WA.
The Water Services Act 2012 (WA)(CI), and the Water Services Code of Conduct
(Customer Service Standards) 2018 (WA)(CI), protect the customer against the arbitrary
and unlawful disconnection of water and provides customers with access to a minimum of 2.3 litres each minute of safe drinking water to sustain life and health.
Information about the Water Services Act 2012 (WA)(CI), and the Water Services Code
of Conduct (Customer Service Standards) 2018 (WA)(CI) is publically available and provides for assistance to customers experiencing financial hardship and establishes procedures for dealing with complaints about water services.
The Determination sets the annual fees for the supply of water and sewerage services, and the supply of building application services on Christmas Island.
The annual fees are similar to fees in remote mainland communities. The increase in fees from last year are small in nature with a 2.5% increase for residential customers, and there are measures in place to protect consumers who are suffering financial hardship.
Accordingly, the Determination promotes the right to an adequate standard of living as it ensures that affordable water and water-related services are provided on Christmas Island.
Conclusion
The Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Farzian Zainal, Administrator of the Territory of Christmas Island