Cocos (Keeling) Islands Water and Sewer Services Fees and Charges Determination No. 2 of 2005

Overview

The Cocos (Keeling) Islands Act 1955, enacted by the Parliament of Australia, provides a legislative framework for the administration of the Cocos (Keeling) Islands. One aspect of this framework is the Utilities and Services Ordinance 1996, which empowers the Administrator to establish provisions for the supply and use of essential utilities and services, including water and sewerage services. This ordinance mandates that fees be imposed for the use of these utilities by individuals within the Territory. The Determination of Fees for Water and Sewerage Services No.2 of 2005 supplements the ordinance by setting specific fees for water and wastewater services on Cocos (Keeling) Islands, aiming for parity with the fees in Western Australia to ensure affordability and consistency. This legislative determination aims to streamline the cost of essential services while maintaining a connection with mainland Australian pricing structures, thus ensuring sustainable service provision on the islands.

Scope and Application

The Cocos (Keeling) Islands Act 1955, as supplemented by the Utilities and Services Ordinance 1996, applies to the residents, businesses, and entities operating within the Cocos (Keeling) Islands Territory. The Ordinance empowers the Administrator to regulate the supply and use of utilities and services, including water and drainage and sewerage services. Under this legislative framework, the Administrator is mandated to impose fees for the provision and use of these utilities and services. The Determination of Fees for Water and Sewerage Services No.2 of 2005 specifies the fees for water and wastewater services in the Territory, aligning them closely with those in Western Australia to ensure price parity wherever feasible. The fees established in the Determination are notably lower than the actual supply costs and, as such, no consultation was deemed necessary. The Determination took effect from 1 October 2005, and it supersedes the Determination of Fees for Water and Sewerage Services No.1 of 2003. The application of this legislation is confined to the Cocos (Keeling) Islands Territory, with no explicit mention of extensions or restrictions through subordinate instruments in the provided text.

Key Provisions

The main operative sections of the Determination of Fees for Water and Sewerage Services No.2 of 2005 (the Determination) are Section 3 and Section 4 of the Utilities and Services Ordinance 1996 (the Ordinance). Section 3 of the Ordinance (3) authorises the Administrator to make provisions for the supply and use of utilities and services, including water and drainage and sewerage services, within the Territory. This includes setting the fees for such services, as stipulated in Section 4 of the Ordinance (4). The Determination itself sets the fees for water and wastewater charges on Cocos (Keeling) Islands, which are aligned with those in Western Australia, aiming for parity in pricing wherever possible. The Act imposes several obligations on the parties or entities it governs. The Administrator, as authorised by the Ordinance, must establish the fees for the supply and use of utilities and services (3, 4). Additionally, the Administrator must ensure that the fees set under the Determination are substantially the same as those in Western Australia, reflecting the government's policy of maintaining parity in pricing. The Administrator is also responsible for the implementation and enforcement of these fees, ensuring they are applied consistently across the Territory. In terms of consequences for breach, the Determination does not explicitly state any offences, penalties, or consequences for non-compliance. However, it is reasonable to infer that any breach of the fees set by the Determination would likely be treated as a contravention of the Utilities and Services Ordinance 1996. Under such circumstances, the Ordinance could provide for civil or criminal penalties. For example, civil penalties might include fines, while criminal penalties could result in imprisonment or additional fines, depending on the severity of the breach and the specific provisions of the Ordinance. The exact penalties would need to be determined in accordance with the broader legal framework provided by the Ordinance and any relevant case law.