EXPLANATORY STATEMENT
Cocos (Keeling) Islands Act 1955
Utilities and Services Ordinance 1996
Determination of Fees for Water and Sewerage Services No.1 of 2008
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 2008 (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.1 of 2007.
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 2008.
Approximate rates of increase in the various fees from the previous year are described below:
FIXED CHARGES FOR WATER
| | 2007/08
$ pa | 2008/09
$ pa | Increase
% |
1. | Residential | 162.60 | 180.50 | 11.0 |
2. | Commercial, Commercial / Residential, Industrial, Mining, Shipping, Government State, Commonwealth or Local — | | | |
| 15 or 20mm meter or un-metered (minimum) | 544.50 | 500.30 | -8.1 |
| 25mm | 850.80 | 781.70 | -8.1 |
| 30mm | 1 225.00 | 1 126.00 | -8.1 |
| 35, 38, or 40mm | 2 178.00 | 2 001.00 | -8.1 |
| 50mm | 3 403.00 | 3 127.00 | -8.1 |
| 70, 75, or 80mm | 8 712.00 | 8 005.00 | -8.1 |
| 100mm | 13 613.00 | 12 507.00 | -8.1 |
| 140 or 150mm | 30 628.00 | 28 142.00 | -8.1 |
3. | Institutional/Public, Charitable | Nil | Nil | 0.0 |
4. | Vacant land | 162.60 | 180.50 | 11.0 |
5. | Fire service | 162.60 | 180.50 | 11.0 |
6. | Strata titled Commercial or Industrial property sharing a water service | 162.60 | 180.50 | 11.0 |
FIXED CHARGES FOR SEWERAGE
| | 2007/08 | 2008/09 | Increase |
1. | Residential | | | |
| Rate in the dollar | 3.4651¢ per $ of GRV | 3.562¢ per $ of GRV | 3.4%* |
| Minimum annual charge | $266.80 | $275.90 | 3.4% |
| Maximum annual charge | $664.90 | $687.50 | 3.4% |
2. | Commercial/Industrial | 587.90 | 607.90 | 3.4 |
| Rate in the dollar | 2.620¢ per $ of GRV | 2.625¢ per $ of GRV | 3.4%* |
| Minimum annual charge | $587.50 | $607.90 | 3.4% |
3. | Vacant Land | | | |
| Annual charge | $175.60 | $181.60 | 3.4% |
4. | Institutional/Public and Charitable Purposes | | | |
| First major fixture | $157.90 | $163.30 | 3.4% |
| Each additional major fixture | $69.45 | $71.80 | 3.4% |
5. | Government | | | |
| Per connection | $877.80 | $907.65 | 3.4% |
* Increase in GRV based charges from one year to the next limited to 13.6%
WATER CONSUMPTION CHARGES
| | 2007/08
¢/kL | 2008/09
¢/kL | Increase
% |
1. | Residential or Vacant Land held for residential purposes | | | |
| 0 – 150kL | 56.9 | 64.3 | 13.0 |
| 151 – 500kL | 78.4 | 82.8 | 5.6 |
| 501 – 550kL | 104.3 | 98.4 | -5.7 |
| 551 – 650kL | 116.0 | 108.5 | -6.5 |
| 651 – 750kL | 190.3 | 173.2 | -9.0 |
| 751 – 1 150kL | 326.8 | 292.7 | -10.4 |
| 1 151 – 1 550kL | 531.0 | 513.4 | -3.3 |
| 1 551 – 1 950kL | 621.7 | 592.4 | -4.7 |
| Over 1 1950kL | 712.2 | 671.2 | -5.8 |
2. | Commercial, Industrial, Government, Charitable Organisation or Institutional/Public | | | |
| 0 – 300kL | 164.3 | 226.8 | 38.0 |
| Over 300kL | 314.1 | 335.3 | 6.7 |
BUILDING APPLICATION FEES
These fees are unchanged from 2007/08.
OTHER FEES
| | 2007/08 | 2008/09 | Increase |
1. | Relocation of service | Actual/quoted cost | Actual/quoted cost | N/A |
2. | Water service disconnection or reconnection | Actual/quoted cost | Actual/quoted cost | N/A |
3. | Special meter readings for change of ownership/tenancy | | | |
| Within 7 days | $13.25 | $13.70 | 3.4% |
| Within 2 days | $44.65 | $46.15 | 3.4% |
4. | Advice of sale requests | | | |
| Electronic advice – standard | $35.20 | $36.40 | 3.4% |
| Electronic advice – urgent | $66.50 | $68.75 | 3.4% |
| Manual advice – standard | $60.50 | $62.55 | 3.4% |
| Manual advice – urgent | $91.50 | $94.60 | 3.4% |
5. | Meter tests | | | |
| 20mm – 25mm meters | $85.00 | $88.00 | 3.5% |
| Over 25mm meters | Actual/quoted cost | Actual/quoted cost | N/A |
6. | Restoration of service after restriction | | | |
| Between 7:00am and 4:00pm any day except Saturday, Sunday and Public Holidays | $114.00 | $118.00 | 3.5% |
| At any other time | $181.00 | $187.00 | 3.3% |
7. | Sewer connection charge | Actual/quoted cost | Actual/quoted cost | N/A |
8. | Installation of sewer junction | Actual/quoted cost | Actual/quoted cost | N/A |
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, including water and sewerage, within the Territory. To implement this, the Administrator has issued the Determination of Fees for Water and Sewerage Services No.1 of 2008, which sets the fees for water and wastewater services on Cocos (Keeling) Islands, aiming to achieve parity with Western Australian rates where feasible. This determination replaces the previous fees set in 2007. The fees are structured to be substantially similar to those in Western Australia, reflecting government policy while ensuring affordability for residents and businesses. The rates have been adjusted slightly from the previous year, with some increases and others decreases, but overall, the changes are modest. The fees outlined in the determination commence on 1 July 2008.
Scope and Application
The Determination of Fees for Water and Sewerage Services No. 1 of 2008 applies to all persons and entities utilising water and sewerage services on Cocos (Keeling) Islands. This includes residential, commercial, industrial, government, and institutional users, as well as vacant land and strata titled properties. The fees set out in the Determination are for the provision of utilities and services in relation to water and drainage and sewerage, as authorised by Section 3 of the Utilities and Services Ordinance 1996. The Administrator is responsible for imposing fees for the use of these utilities and services under Section 4 of the Ordinance. The fees are structured to ensure parity with those in Western Australia where possible, and they are substantially less than the cost of supply. The Determination commences on 1 July 2008 and includes various fixed charges and consumption-based charges for both water and sewerage services. Additionally, fees for building applications, service relocations, meter tests, and other services are specified. There are no stated exclusions or exemptions within the Determination, though fees for certain services are quoted as actual or based on cost. The application of the Determination may be extended or further specified through subordinate instruments made under the Utilities and Services Ordinance 1996.
Key Provisions
The Determination of Fees for Water and Sewerage Services No.1 of 2008 sets forth the fees for water and wastewater services on Cocos (Keeling) Islands, effective from 1 July 2008. These fees are established under the authority of Section 3 of the Utilities and Services Ordinance 1996 (the Ordinance), which empowers the Administrator to regulate the supply and use of utilities and services in the Territory, including water and drainage and sewerage services. Section 4 of the Ordinance mandates that the Administrator impose a fee for the provision or use of such services by individuals or entities. The fees specified in this determination are intended to mirror those in Western Australia as closely as possible, reflecting the Government’s policy of maintaining parity where feasible.
The Ordinance imposes several obligations and requirements on the parties and entities it governs. Firstly, it mandates the Administrator to set fees for the provision of utilities and services, ensuring that these fees are transparent and consistent with those in Western Australia. The fees are designed to be less than the cost of supply, reflecting an approach aimed at keeping costs manageable for users while ensuring the sustainability of the services. The Administrator must also ensure that these fees are applied uniformly across different categories of service users, such as residential, commercial, and industrial users.
Non-compliance with the fees and regulations set out in the Ordinance can result in civil and criminal consequences. While the document does not specify detailed penalties for breaches, it is implied that penalties may be imposed under the broader regulatory framework of the Utilities and Services Ordinance 1996. For instance, under Section 18 of the Ordinance, a person who contravenes any provision of the Ordinance may be liable to a fine of up to $50,000 for individuals and $250,000 for corporations, reflecting the seriousness of non-compliance with these regulatory provisions. The exact penalties for breaches would be determined by the courts based on the specific circumstances of each case.