EXPLANATORY STATEMENT
Cocos (Keeling) Islands Act 1955
Utilities and Services Ordinance 1996
Determination of Fees for Water and Sewerage Services No.1 of 2006
Section 3 of the Utilities and Services Ordinance 1996 (the Ordinance) authorises the Administrator to make provision for the supply and use of utilities and services in relation to, amongst other things, water and drainage and sewerage in the Territory. Section 4 of the Ordinance provides that the Administrator is to impose a fee for the provision to a person, or the use by a person, of such utilities and services.
The Determination of Fees for Water and Sewerage Services No.1 of 2006 (the Determination) sets the fees for water and wastewater charges on Cocos (Keeling) Islands and replaces the Determination of Fees for Water and Sewerage Services No.2 of 2005.
It is Government policy that there should be parity between the prices in the Territory and those in Western Australia wherever possible. 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. Accordingly, consultation on the fees was not undertaken.
The Determination commences on 1 July 2006.
Overview
The Cocos (Keeling) Islands Act 1955, as amended by the Utilities and Services Ordinance 1996, empowers the Administrator to regulate the supply and use of utilities and services within the Territory, including water and drainage and sewerage services. The Determination of Fees for Water and Sewerage Services No.1 of 2006 was enacted to establish the fees for water and wastewater services on Cocos (Keeling) Islands, thereby replacing the previous fee structure set by the Determination of Fees for Water and Sewerage Services No.2 of 2005. The objective of this Determination, as stated in the explanatory statement, is to ensure that there is parity between the prices in the Territory and those in Western Australia wherever feasible. Consequently, the fees outlined in the Determination are largely aligned with those in Western Australia, reflecting a policy to maintain affordability while ensuring sustainable service provision. This Determination commenced on 1 July 2006.
Scope and Application
The Cocos (Keeling) Islands Act 1955, as amended by the Utilities and Services Ordinance 1996, pertains to the administration and regulation of utilities and services within the Cocos (Keeling) Islands, including the supply and use of water, drainage, and sewerage services. Section 3 of the Ordinance empowers the Administrator to establish provisions for these utilities and services, while Section 4 mandates the imposition of fees for their use. The Determination of Fees for Water and Sewerage Services No.1 of 2006, which came into effect on 1 July 2006, specifies the fees applicable to these services, aligning them closely with those in Western Australia to ensure economic parity where feasible. The fees established by the Determination are set at levels substantially similar to those in Western Australia and are designed to be below the actual cost of supply. Given this alignment and the regulatory context, the Determination does not require prior consultation with stakeholders. The application of this legislation is confined to the Cocos (Keeling) Islands, governing the imposition and collection of fees for water and sewerage services within this jurisdiction.
Key Provisions
The Cocos (Keeling) Islands Act 1955, in conjunction with the Utilities and Services Ordinance 1996, provides a framework for the administration of utilities and services, including water and sewerage, on the islands. Specifically, Section 3 of the Ordinance authorises the Administrator to regulate the supply and use of these utilities, while Section 4 mandates the imposition of fees for their provision or use. The Determination of Fees for Water and Sewerage Services No.1 of 2006, which took effect on 1 July 2006, sets the rates for these services in alignment with those in Western Australia, reflecting a government policy of price parity where possible.
The obligations imposed by these legislative instruments are primarily on the Administrator, who must ensure that fees are set and collected in accordance with the Determination. This includes the responsibility to regularly review and, if necessary, adjust fees to maintain parity with those in Western Australia. Additionally, the Administrator is tasked with ensuring that the supply of water and sewerage services is efficient and accessible to the residents of the islands. The Ordinance and the Determination also impose obligations on consumers to pay the prescribed fees for the use of these services.
Failure to comply with the provisions of the Ordinance or the Determination can result in various consequences. While specific offences are not detailed in the provided text, it can be inferred that breaches of the imposed fees or regulations could lead to legal action. Penalties for non-compliance are not explicitly stated in the text, but typically, such breaches could result in fines or other administrative penalties. In severe cases, ongoing non-compliance might lead to more serious legal consequences, including potential criminal charges if the breach is deemed to be of a serious nature or if it involves fraudulent activities.