EXPLANATORY STATEMENT
Jervis Bay Territory Acceptance Act 1915
Administration Ordinance 1990
Water and Sewerage Services Fees Determination 2011 (Jervis Bay Territory)
The Administration Ordinance 1990 was made pursuant to Subsection 4F(1) of the Jervis Bay Territory Acceptance Act 1915 (the Act) which provides that the Governor-General may make Ordinances for the peace, order and good government of the Jervis Bay Territory (the Territory).
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. The Minister has delegated the power to determine fees for these utilities and services to specific official positions within the Department of Regional Australia, Regional Development and Local Government (the Department). The signatory of this Determination is such a delegate under the Christmas Island, Cocos (Keeling) Islands, and Jervis Bay Territory Delegation Instrument 2010 dated 6 December 2010.
The purpose of this Determination is to set the water and sewerage fees for the Territory to apply from 1 July 2011.
The water fees take into account Australian Government policy to supply services to JBT residents at a standard and cost that is comparable to similar communities, and the National Water Initiative pricing reform principles which has a basis for cost recovery commensurate with the level of consumption.
The sewerage fees take into account a number of factors including prices in the Shoalhaven region and the costs of maintaining the sewerage network within the Territory.
While there is a 20 percent increase across the range of fees in the Determination, residents in the Territory will continue to pay lower water availability and usage fees, and sewerage-service availability fees than residents in the nearby Shoalhaven region.
The Territory does not have an economy of scale to enable full recovery for all the costs related to the provision of water and sewerage services.
Consultation
The Department published in the Jervis Bay Territory Community Bulletin (the Bulletin) and the Department’s Internet, a notice of the proposed increase in fees and an invitation to comment on the proposal. The Bulletin was posted to all water and sewerage account holders in the Territory. It advised the availability of the then draft Determination and a comparison of the new fees and what was in force at the time of consultation.
No submissions were received in response to the notice.
DETAILS OF THE Jervis Bay Territory Water and Sewerage Services Fees Determination 2011
Section 1 of the Determination provides that it may be cited as the Water and Sewerage Services Fees Determination 2011.
Section 2 provides that the Determination commences on 1 July 2011.
Section 3 provides for the revocation of the previous Water and Sewerage Fee Determination.
Section 4 defines the terms used in this Determination.
Section 5 provides for the water usage fees and that Schedule 1 determines the fees payable for the provision of water. All annual water availability fees are lower than those charged in the nearby Shoalhaven region.
Residents in the nearby region of Shoalhaven paid $1.45 per kilolitre up to 450KL and 1.95 per KL for usage greater than 450KL in 2010-11. With the new fee, residents in JBT will still be charged one of the lowest water usage fees in Australia, at $0.72 per KL.
Section 6 provides that Schedule 2 determines the fees payable for the provision of sewerage services. The annual sewerage-service availability fees are lower than those charged in the nearby Shoalhaven region.
Section 7 provides for water and sewerage fees being payable for each water meter service connection.
Section 8 provides for the period of payment and due date for the payment of fees.
Jervis Bay Territory Water and Sewerage Services Fees Comparison Table
Annual Water Availability Fees |
| | | |
Pipe Size | 2010 | 2011 | Variance (%) |
20mm | $61.00 | $ 73.20 | 20% |
25mm | $95.00 | $114.00 | 20% |
32mm | $156.00 | $187.20 | 20% |
40mm | $244.00 | $292.80 | 20% |
50mm | $345.00 | $414.00 | 20% |
80mm | $618.00 | $741.60 | 20% |
100mm or more | $870.00 | $1,044.00 | 20% |
Water Usage Fee |
| | | |
| 2010 | 2011 | Variance (%) |
Water Usage Fee | $0.60 | $0.72 | 20% |
Annual Sewerage Availability Fees |
| | | |
Pipe Size | 2010 | 2011 | Variance (%) |
20mm | $510.00 | $ 612.00 | 20% |
25mm | $538.00 | $ 645.60 | 20% |
32mm | $619.00 | $ 742.80 | 20% |
40mm | $735.00 | $ 882.00 | 20% |
50mm | $917.00 | $ 1,100.40 | 20% |
80mm | $1,705.00 | $ 2,046.00 | 20% |
100mm or more | $2,435.00 | $ 2,922.00 | 20% |
Overview
The Jervis Bay Territory Acceptance Act 1915, enacted by the Australian Parliament, established the legislative framework for the Jervis Bay Territory (JBT), enabling the Governor-General to make ordinances for its administration. The Jervis Bay Territory Administration Ordinance 1990, made under the authority of the Act, further enabled the setting of fees for utilities and services provided by the Australian Government. The Water and Sewerage Services Fees Determination 2011 (Jervis Bay Territory) was introduced to set the fees for water and sewerage services, aligning with Australian Government policy to provide comparable services to JBT residents at a cost that ensures cost recovery. This Determination, made by a delegate under the Christmas Island, Cocos (Keeling) Islands, and Jervis Bay Territory Delegation Instrument 2010, commenced on 1 July 2011 and aimed to establish fees that reflect the Territory's unique circumstances, including its inability to achieve economies of scale. The fees were set to be lower than those in the nearby Shoalhaven region while still allowing for cost recovery, and a public consultation process was undertaken to gather feedback on the proposed fee increases.
Scope and Application
The Jervis Bay Territory Water and Sewerage Services Fees Determination 2011 applies to the Jervis Bay Territory (JBT) and sets the fees for water and sewerage services in the territory. The fees are applicable to all residents and entities within the Territory and are set to ensure that the provision of these services meets the standards and costs comparable to similar communities, in accordance with the Australian Government policy and the National Water Initiative pricing reform principles. The Minister for Regional Development, Territories and Local Government has the power to determine these fees, a responsibility delegated to specific officials within the Department of Regional Australia, Regional Development and Local Government. This Determination applies from 1 July 2011, and it revokes the previous Water and Sewerage Fee Determination. Notably, the fees set in this Determination are lower than those charged in nearby regions such as Shoalhaven, reflecting the Territory's limited economy of scale for service provision. Despite a 20% increase across the range of fees, JBT residents will continue to benefit from some of the lowest water and sewerage fees in Australia.
Key Provisions
The Jervis Bay Territory Acceptance Act 1915, specifically the Administration Ordinance 1990, enables the Governor-General to create ordinances for the peace, order, and good government of the Jervis Bay Territory (JBT). Under this authority, the Minister responsible for Australia’s Territories can determine fees for utilities and services provided by the Australian Government within the Territory. The Minister has delegated this power to certain officials within the Department of Regional Australia, Regional Development and Local Government. The Water and Sewerage Services Fees Determination 2011, signed by one of these officials, sets the fees for water and sewerage services in JBT starting from 1 July 2011. This Determination aims to establish fees that are comparable to those in similar communities while considering the National Water Initiative’s cost recovery principles.
The Jervis Bay Territory Water and Sewerage Services Fees Determination 2011 imposes several obligations and requirements on parties involved. For instance, Section 3 mandates the revocation of the previous fee determination, ensuring that only the new fees apply from the commencement date. Section 4 defines the terms used in the Determination, providing clarity on what each term means in the context of water and sewerage services. The fee schedules, detailed in Sections 5 and 6, outline specific charges for water and sewerage services, with fees structured to reflect the costs of providing these services while remaining affordable for JBT residents. Section 7 specifies that fees are payable for each water meter service connection, ensuring that all connected users contribute to the service costs. Section 8 sets the payment period and due date for these fees, establishing a clear timeline for compliance.
Failure to comply with the provisions of the Jervis Bay Territory Water and Sewerage Services Fees Determination 2011 can lead to various consequences. Although the Determination does not explicitly detail specific offences or penalties for non-payment, the underlying legislation and administrative practices would typically apply. Non-payment of utility fees could result in legal actions, such as the disconnection of services, with potential civil or criminal liabilities under general Australian law. The Department of Regional Australia, Regional Development and Local Government would likely pursue debt recovery measures, including fines or legal proceedings, to ensure compliance with the established fees. The Determination’s focus on transparency and consultation, as evidenced by the published notice and lack of submissions, underscores the importance of adhering to the set fees to maintain the Territory’s utility services.