Cocos (Keeling) Islands Water and Sewer Services Fees and Charges Determination No. 3 of 2009

Overview

The Cocos (Keeling) Islands Act 1955, enacted by the Parliament of Australia, established the legal framework for the administration of the Cocos (Keeling) Islands, including the regulation of utilities and services. The Utilities and Services Ordinance 1996 was subsequently enacted to provide a more detailed regulatory structure for the supply and use of utilities, including water and sewerage services. The Determination of Fees for Water and Sewerage Services No. 03 of 2009 was introduced to set fees for these services, reflecting the government's policy of maintaining parity between the prices on the islands and those in Western Australia. The fees were set at levels substantially lower than the cost of supply, and consultation on the fees was not deemed necessary. The Determination came into effect on 1 July 2009, with various rates of increase applied to different categories of service users. The primary objective of the Determination is to ensure that the fees for water and sewerage services on Cocos (Keeling) Islands remain consistent with those in Western Australia, thereby maintaining economic parity and affordability for residents and businesses. The fees are structured to cover a range of usage levels and service types, with adjustments made to reflect changes in costs and economic conditions. The implementation of these fees aims to ensure the sustainable provision of essential services while keeping the financial burden on users to a minimum.

Scope and Application

The Determination of Fees for Water and Sewerage Services No. 03 of 2009 applies to all persons, entities, and industries within the Cocos (Keeling) Islands, including residential, commercial, and industrial users, as well as institutional and public facilities. The fees set forth in the Determination are to be charged for the provision and use of water and sewerage services on the Islands. The Act extends its jurisdictional reach to the Cocos (Keeling) Islands, which are external territories of Australia. The fees outlined in the Determination are designed to align with those in Western Australia, aiming for parity in pricing wherever possible. The Determination does not specify any exclusions or exemptions, and it does not impose any thresholds for fee application. The rates of increase in fees from the previous year are detailed in the schedules attached to the Determination. The fees are scheduled to commence on 1 July 2009, and any further adjustments or extensions to the application of the fees may be made through subordinate instruments as necessary.

Key Provisions

The Determination of Fees for Water and Sewerage Services No. 03 of 2009, made under section 3 of the Utilities and Services Ordinance 1996 (the Ordinance), sets the fees for water and wastewater charges on the Cocos (Keeling) Islands. The fees are intended to align with those in Western Australia wherever possible, and they are set at a rate that is substantially lower than the actual cost of supply. The Determination includes fixed charges for water and sewerage services for residential, commercial, institutional, and vacant land properties, as well as water consumption charges and building application fees. The rates are generally increased by 4.2% for the 2009/10 financial year, with the exception of some commercial and industrial water charges which are decreased by 7.3%. The fees are structured to provide a reasonable balance between affordability and cost recovery. The Administrator, under section 4 of the Ordinance, is required to impose fees for the provision and use of utilities and services, including water and sewerage. The Determination specifies the fees for different categories of users and services, ensuring that there is a transparent and consistent fee structure for all users. The fees are designed to cover the costs of providing and maintaining the necessary infrastructure and services while remaining affordable for the residents and businesses on the islands. The Administrator must ensure that the fees are collected and accounted for properly, and that any revenue generated is used for the intended purposes. The Ordinance does not explicitly outline offences, penalties, or consequences for non-compliance with the fees set out in the Determination. However, it is implied that failure to pay the prescribed fees could result in the denial of service or other administrative actions. While the specific penalties are not detailed in the text, it can be inferred that the Administrator has the authority to enforce the payment of fees as part of their duty to impose fees for utilities and services. Any failure to comply with the fee requirements could potentially lead to legal action or other remedies available under the Ordinance.