Overview

The Jervis Bay Territory Water and Sewerage Services Fees Determination 2010, enacted by the Minister responsible for Australia’s Territories under Subsection 3B(1) of the Administration Ordinance 1990, aims to address the issue of unimplemented fee increases from the 2008 Determination due to a miscommunication between the Attorney-General’s Department and the Jervis Bay Territory Administration. This Determination, issued under the authority of the Attorney-General, seeks to prevent hardship by maintaining the 2005 fee structure where the 2008 fees were lower, thereby avoiding abrupt increases that would particularly affect the Wreck Bay Aboriginal Community Council and Wreck Bay Enterprises Limited. The policy objective appears to be the careful management of utility fees to ensure they are fair and do not create undue financial strain on local communities.

Scope and Application

The Jervis Bay Territory Water and Sewerage Services Fees Determination 2010 applies to the provision of water and sewerage services within the Jervis Bay Territory, with the fees being set by the Australian Government. This Determination is made under the authority of the Administration Ordinance 1990, with the Minister responsible for Australia’s Territories empowered to establish these fees. The fees outlined in this Determination are applicable to all entities and individuals within the Jervis Bay Territory who utilise these services, ensuring a uniform fee structure across the region. The Determination also revokes the previous Water and Sewerage Fees Determination 2008, effectively reinstating the fees from the 2005 Determination but retaining any lower fees from the 2008 Determination to avoid imposing undue hardship, particularly on the Wreck Bay Aboriginal Community Council and Wreck Bay Enterprises Limited. The fees are detailed in Schedules 1 and 2, covering annual water and sewerage availability fees respectively, and the Determination includes provisions for GST exemption and payment periods. The application of this Determination is limited to the Jervis Bay Territory and is not subject to broader state or territory regulations, ensuring a consistent approach within this specific jurisdiction.

Key Provisions

The Water and Sewerage Services Fees Determination 2010 (sections 1-9) primarily serves to restate the Water and Sewerage Services Fees Determination No. 1 of 2005, with an effective commencement date of 1 September 2008, to ensure that no liabilities or rights of persons other than the Australian Government are adversely affected by this Determination (section 2). The Determination revokes the previous Water and Sewerage Fees Determination 2008 (section 3), provides definitions necessary for its interpretation (section 4), and outlines the fees for water services in Schedule 1 and for sewerage services in Schedule 2 (sections 5 and 6). It mandates that fees are payable for each water meter service connection (section 7) and specifies that the fees are exempt from GST (section 8). Additionally, it stipulates the period of payment and the due date for fee payments (section 9). Entities and individuals governed by this Determination are required to adhere to the specified fees for water and sewerage services as outlined in Schedules 1 and 2. This includes ensuring that fees are paid within the designated period and due date to avoid any penalties or interest. The Determination also necessitates compliance with any additional terms and conditions that may be imposed by the Jervis Bay Territory Administration, such as timely meter readings and service connections. Additionally, it requires the parties to maintain accurate records of all transactions related to water and sewerage services for a period of at least five years. Breach of the Water and Sewerage Services Fees Determination 2010 may result in civil or administrative consequences. Non-payment of fees within the stipulated period may lead to penalties, including interest on overdue amounts, as well as potential legal action by the Jervis Bay Territory Administration to recover unpaid fees. Additionally, persistent non-compliance may result in the suspension or disconnection of water and sewerage services. The Determination does not explicitly outline criminal penalties; however, repeated or deliberate non-compliance could potentially lead to legal action under relevant legislation governing the administration of fees and services in the Jervis Bay Territory.