Cocos (Keeling) Islands Water and Sewer Services Fees and Charges Determination No. 1 of 2010

Overview

The Determination of Fees for Water and Sewerage Services No. 1 of 2010 (the Determination) was enacted to set the fees for water and wastewater charges on Cocos (Keeling) Islands. This Determination was made under the authority of the Utilities and Services Ordinance 1996, which allows the Administrator to make provisions for the supply and use of utilities and services in the Territory. The Determination also aligns with the government policy of achieving parity between the prices in the Territory and those in Western Australia wherever possible. The Determination replaces the Determination of Fees for Water and Sewerage Services No.3 of 2009 and commenced on 1 July 2010. The fees set in the Determination are substantially the same as those which apply in Western Australia and are considerably less than the cost of supply, thus consultation on the fees was not undertaken. The Determination includes various schedules that outline fixed charges for water and sewerage, water consumption charges, building application fees, and other fees, discounts, interest rates, and additional charges. The fees have been adjusted slightly from the previous year, with some increases and decreases in rates, but generally remain consistent with the costs in Western Australia. The policy objective of this Determination is to ensure that the fees charged for water and wastewater services on Cocos (Keeling) Islands are fair and reasonable, while also aligning with the broader government policy of achieving parity between the Territory and Western Australia.

Scope and Application

The Determination of Fees for Water and Sewerage Services No. 1 of 2010 applies to all persons and entities utilising water and sewerage services on the Cocos (Keeling) Islands. This encompasses residential, commercial, industrial, institutional, and government users, as well as vacant land, fire services, and strata-titled commercial or industrial properties sharing a water service. The fees set by the Determination are intended to align with those in Western Australia, ensuring parity in pricing where possible. The geographic scope of this legislation is limited to the Cocos (Keeling) Islands, a territory under the jurisdiction of the Commonwealth of Australia. There are no specified exclusions or exemptions within the Determination; however, it should be noted that the fees are considerably less than the actual cost of supply. The Determination commences on 1 July 2010 and includes detailed schedules outlining the fees for various categories and consumption levels, along with associated percentage increases from previous years. The fees are designed to be reflective of Western Australian prices, with consultation on the fees not deemed necessary due to this alignment. The fees cover fixed charges for water and sewerage, water consumption charges, building application fees, and other associated fees, discounts, interest rates, and additional charges. This Determination operates under the authority of the Utilities and Services Ordinance 1996 and the Cocos (Keeling) Islands Act 1955, with the Administrator imposing these fees for the provision and use of utilities and services in the Territory.

Key Provisions

The Determination of Fees for Water and Sewerage Services No. 1 of 2010 (the Determination) is governed by the Utilities and Services Ordinance 1996 (the Ordinance) and sets the fees for water and wastewater services on Cocos (Keeling) Islands. Section 3 of the Ordinance allows the Administrator to establish provisions for the supply and use of utilities and services, including water and drainage and sewerage in the Territory. Section 4 of the Ordinance mandates the Administrator to impose a fee for the provision to or use by a person of such utilities and services. The fees set forth in the Determination are intended to mirror those of Western Australia as closely as possible, reflecting government policy for parity in pricing between the Territory and Western Australia. These fees are substantially lower than the cost of supply, which is why consultation on the fees was not deemed necessary. The Determination takes effect from 1 July 2010. The Determination imposes several obligations on the parties involved. It sets out the fees for water and wastewater services, which are to be charged to consumers based on their usage and the type of service. These fees are categorised into fixed charges, water consumption charges, building application fees, and other miscellaneous fees such as relocation of services, disconnection or reconnection fees, special meter readings, advice of sale requests, meter tests, and restoration of service after restriction. Each category has its specific rates, which are detailed in the schedules of the Determination. For instance, residential users are charged a fixed fee based on their gross revenue value (GRV), while commercial and industrial users are charged based on their meter size and consumption levels. Institutional and public entities, as well as government and charitable purposes, also have specific charges outlined. Any breach of the fees and charges stipulated in the Determination may result in legal consequences. While the Determination itself does not explicitly outline penalties for non-compliance, the Ordinance under which it is made may provide for such penalties. Typically, failure to pay the prescribed fees could result in legal action by the Administrator or the relevant authority to recover the unpaid amounts. Additionally, continuous non-payment could potentially lead to service disconnection, which would further incur additional reconnection fees as specified. The exact penalties and legal consequences would depend on the specific provisions of the Utilities and Services Ordinance 1996. In summary, the Determination of Fees for Water and Sewerage Services No. 1 of 2010 establishes the fees for water and wastewater services on Cocos (Keeling) Islands, setting out specific charges for residential, commercial, industrial, and institutional users. These charges are designed to align with those in Western Australia, ensuring affordability and accessibility for the residents of the Territory. The Determination imposes obligations on consumers to pay these fees and on the Administrator to enforce payment. Any breaches of these obligations may lead to legal consequences as outlined in the Utilities and Services Ordinance 1996.