Christmas Island Water and Sewer Services Fees and Charges Determination No. 1 of 2010

Overview

The Christmas Island Act 1958, enacted by the Australian Parliament, was established to provide for the governance and administration of Christmas Island. The Utilities and Services Ordinance 1996 further provides the legal framework for the supply and use of utilities and services on the island, including water and drainage and sewerage services. The Determination of Fees for Water and Sewerage Services No. 1 of 2010 was introduced to set fees for water and wastewater charges on Christmas Island, replacing an earlier version of the same determination. The policy objective behind this determination is to ensure there is parity between the prices in the Territory and those in Western Australia wherever possible, which is reflected in the fees set out in the Determination. The fees established are substantially the same as those in Western Australia and are considerably less than the cost of supply, hence consultation on the fees was not deemed necessary. The Determination came into effect on 1 July 2010. The determination outlines various fees for different categories of water and sewerage service users, including residential, commercial, institutional, and government users, among others. It also includes fees for building application processes and other associated services. The rates of increase for the fees from the previous year are detailed, showing varying percentage increases across different categories. This determination ensures a structured and transparent fee system for the provision of essential utilities and services on Christmas Island.

Scope and Application

The Determination of Fees for Water and Sewerage Services No. 1 of 2010, as authorised by section 3 of the Utilities and Services Ordinance 1996, applies to all persons and entities using water and sewerage services on Christmas Island. This includes residential, commercial, industrial, mining, and government entities. The fees set in the Determination are intended to align with those in Western Australia, while ensuring they remain below the cost of supply. The fees are structured into fixed charges for water and sewerage, water consumption charges, building application fees, and other fees related to specific services. The Determination applies to all persons and entities within the Territory of Christmas Island and commenced on 1 July 2010. The Ordinance provides that the Administrator is to impose a fee for the provision of these utilities and services, and the Determination specifies the fees for water and wastewater charges. The fees outlined in the schedules are applied to various categories, such as residential, commercial, industrial, and government entities, and include charges for water and sewerage consumption, building applications, and other specific services. The rates of increase in the fees from the previous year are also described. The legislation does not specify any exclusions or exemptions, but it is noted that consultation on the fees was not undertaken as they were set to be substantially the same as those in Western Australia. The application of the Act may be extended or restricted through subordinate instruments.

Key Provisions

The Determination of Fees for Water and Sewerage Services No.1 of 2010, made under the Utilities and Services Ordinance 1996, sets out the fees for water and wastewater services on Christmas Island, aligning them closely with those in Western Australia. This determination comes into effect on 1 July 2010 and outlines fixed charges for water and sewerage services, water consumption charges, building application fees, and other fees related to water and sewerage services. These fees are designed to ensure affordability while maintaining the sustainability of the utilities and services provided. The Act imposes several obligations on the parties it governs. Firstly, it mandates that the Administrator of Christmas Island set fees for the provision and use of utilities and services, specifically for water and sewerage. These fees are to be set in a manner that ensures parity with Western Australian prices where possible. Additionally, the Administrator must ensure that the fees are less than the cost of supply, maintaining a policy of affordability for the residents and businesses on the island. The fees are structured to cover different categories of users, such as residential, commercial, institutional, and government entities, each with specific rates depending on usage and meter sizes. Non-compliance with the fees and regulations set forth in the Determination could lead to various civil and criminal consequences. While the specific offences and penalties are not detailed in the provided text, it is implied that failure to pay the set fees or misuse of services could result in legal action. Typically, such breaches might be subject to fines or other penalties as prescribed by the relevant legislation or regulations. The exact penalties would be determined based on the nature and severity of the breach, with potential maximum penalties varying according to the specific circumstances of non-compliance.