EXPLANATORY STATEMENT

Issued by the Authority of the Attorney-General

Administration Ordinance 1990

Jervis Bay Territory Water and Sewerage Services Fees

Determination 2010

Subsection 3B(1) of the Administration Ordinance 1990 enables the Minister responsible for Australia’s Territories to determine fees for the provision of utilities and services provided by the Australian Government in the Territory of Jervis Bay.  This Determination is made by the Acting Assistant Secretary, Territories East, pursuant to a delegation contained in the Attorney-General’s Statutory Powers – Delegation 2009.

The purpose of this Determination is to restate the Water and Sewerage Services Fees Determination No. 1 of 2005. The only situation where this will not be the case is where the Water and Sewerage Services Fees Determination 2008 imposed a lower fee than the 2005 Determination in which case the lower fee is imposed by this Determination.

The 2005 fee structure was previously repealed and most charges increased by the Water and Sewerage Services Fees Determination 2008.  Due to a miscommunication of the 2008 Determination from the Attorney-General’s Department in Canberra to the Jervis Bay Territory Administration it was not implemented.

The Attorney-General’s Department considers that to impose the fee increases of 2008 Determination at this time and without appropriate notice will create hardship, particularly for the Wreck Bay Aboriginal Community Council and its commercial entity Wreck Bay Enterprises Limited. 

Details of the Water and Sewerage Services Fees Determination 2010

 are as follows:

Section 1 of the Determination provides that it may be cited as the Water and Sewerage Services Fees Determination 2010.

Section 2 provides that the Determination is deemed to have commenced on

1 September 2008.  The Determination is given a retrospective commencement to ensure that no liabilities are imposed on persons other than the Australian Government and no rights of persons other than the Australian Government are adversely affected by this Determination.

Section 3 provides for the revocation of the Water and Sewerage Fees Determination 2008.

Section 4 provides the Determination’s definitions.

Section 5 provides that Schedule 1 determines the fees payable for the provision of water.

Section 6 provides that Schedule 2 determines the fees payable for the provision of sewerage.

Section 7 provides for water and sewerage fee being payable for each water meter service connection.

Section 8 indicates the exemption of the GST.

Section 9 provides for the period of payment and due date for the payment of fees.

Schedule 1 Annual Water Availability Fees.

Schedule 2 Annual Sewerage Availability Fees.

No consultation was undertaken as the water and sewerage fee structure amendment maintains the current fees except where the fees in the 2008 Determination are less than were in the 2005 Determination.