Water and Sewerage Services Fees Determination 2012

Administered by Department of Regional Australia, Local Government, Arts and Sport

Legislation au F2012L01459 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

Jervis Bay Territory Acceptance Act 1915

Administration Ordinance 1990

 

 

Water and Sewerage Services Fees Determination 2012 (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, Local Government, Arts and Sport (the Department). The signatory of this Determination is such a delegate under the Christmas Island, Cocos (Keeling) Islands, and Jervis Bay Territory Delegation Instrument 2012 dated 8 March 2012.

 

The purpose of this Determination is to set the water and sewerage fees for the Territory to apply from 1 July 2012.

 

The water fees take into account Australian Government policy to supply services to JBT residents at a standard based on general parity with those in the surrounding region. The fees, as far as practicable, observe the National Water Initiative pricing reform principles which have 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.

 

With the increase across the range of fees in the Determination, residents in the Territory will continue to pay equivalent or lower water availability and usage fees, and equivalent or lower 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 Bulletin.

 

Compatibility with Human Rights

The Statement of Compatibility with Human Rights is set out in Attachment A.

DETAILS OF THE Jervis Bay Territory Water and Sewerage Services Fees Determination 2012

 

Section 1 of the Determination provides that it may be cited as the Water and Sewerage Services Fees Determination 2012.

 

Section 2 provides that the Determination commences on 1 July 2012.

 

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.

 

The water availability fee is the price charged to have water services made available and is dependent on the water connection size. All annual water availability fees are equivalent or lower than those charged in the nearby Shoalhaven region.

 

The water usage fee is the price charged per kilolitre of water used. Residents in the nearby region of Shoalhaven paid $1.50 per kilolitre up to 450KL and 1.85 per KL for usage greater than 450KL in 2011-12. With the new fee, residents in JBT will still be charged one of the lowest water usage fees in Australia, at $0.86 per KL.

 

The supply of water is GST-free — see section 38.285 of the A New Tax System (Goods and Services Tax) Act 1999.

 

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

 

The sewerage-service availability fee is the price charged to have sewerage services made available and is dependent on the water connection size. The annual sewerage-service availability fees are equivalent or lower than those charged in the nearby Shoalhaven region.

 

The supply of sewerage services is GST-free — see section 38.290 of the A New Tax System (Goods and Services Tax) Act 1999.

 

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

2011

2012

Variance (%)

25mm

 $114.00

$122.00

7.02 %

32mm

 $187.20

$200.00

6.84 %

50mm

 $414.00

$488.00

17.87%

80mm

 $741.60

$889.92

20%

100mm or more

$1,044.00

1252.80

20%

 

 

Water Usage Fee

 

 

 

 

 

2011

2012

Variance (%)

Water Usage Fee (per KL)

$0.72

$0.86

19.44%

 

 

Annual Sewerage Availability Fees

 

 

 

 

Pipe Size

2011

2012

Variance (%)

25mm

$645.60

$774.72

20%

32mm

$742.80

$891.36

20%

50mm

$1100.40

$1320.48

20%

80mm

$2046.00

$2455.20

20%

100mm or more

$2922.00

$3506.40

20%

 


ATTACHMENT A

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Water and Sewerage Services Fees Determination 2012

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

This Legislative Instrument sets the water and sewerage services fees for the Jervis Bay Territory.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

Overview

The Jervis Bay Territory Acceptance Act 1915 was enacted to provide for the acceptance of the Jervis Bay Territory by the Commonwealth of Australia and to establish the legislative framework for its administration. This Act was introduced to address the need for a specific legal structure to govern the Jervis Bay Territory, distinct from the other Australian territories. The enactment of the Administration Ordinance 1990 under this Act allowed for the establishment of administrative measures, including the regulation of fees for utilities and services within the Territory. The Water and Sewerage Services Fees Determination 2012, made under the authority of the Administration Ordinance 1990, was created to set the fees for water and sewerage services, ensuring they align with regional standards and national pricing principles while considering the unique circumstances of the Territory. The policy objective of these legislative measures is to provide efficient and equitable utility services to the residents of the Jervis Bay Territory, maintaining a balance between cost recovery and affordability.

Scope and Application

The Jervis Bay Territory Water and Sewerage Services Fees Determination 2012 applies to the Jervis Bay Territory (JBT), setting the fees for water and sewerage services provided by the Australian Government to residents of the Territory. This Determination is made under the Jervis Bay Territory Acceptance Act 1915, which empowers the Governor-General to make ordinances for the peace, order, and good government of the Territory, and the Administration Ordinance 1990, which allows the Minister responsible for Australia’s Territories to determine fees for utilities and services. The fees are set to reflect the cost of providing these services, ensuring they are comparable to those in the surrounding Shoalhaven region, while also taking into account the National Water Initiative pricing reform principles. The fees determined under this Determination are applicable to all residents and entities within the JBT, and the supply of water and sewerage services is exempt from Goods and Services Tax (GST). The Determination commenced on 1 July 2012, and revoked the previous fee determination in its entirety. There were no submissions received in response to the public consultation on the proposed fees, and the Determination is compatible with human rights as it does not engage any applicable rights or freedoms.

Key Provisions

The Jervis Bay Territory Water and Sewerage Services Fees Determination 2012, under Section 1, allows for the citation of the determination as such and specifies its commencement date of 1 July 2012 as per Section 2. Section 3 revokes the previous Water and Sewerage Fee Determination. Definitions of terms used within the determination are provided in Section 4. The water usage fees, as outlined in Section 5, include both availability and usage fees. The water availability fee, dependent on the water connection size, is equivalent or lower than those charged in the nearby Shoalhaven region. The water usage fee, charged per kilolitre of water used, is $0.86 per kilolitre, which remains one of the lowest water usage fees in Australia. The supply of water is GST-free, in accordance with section 38.285 of the A New Tax System (Goods and Services Tax) Act 1999. The fees payable for the provision of sewerage services are detailed in Section 6, with the sewerage-service availability fee also dependent on the water connection size and being equivalent or lower than those charged in the nearby Shoalhaven region. The supply of sewerage services is GST-free, in accordance with section 38.290 of the A New Tax System (Goods and Services Tax) Act 1999. Section 7 specifies that water and sewerage fees are payable for each water meter service connection. The payment period and due date for the fees are specified in Section 8. The Jervis Bay Territory Water and Sewerage Services Fees Determination 2012 imposes several obligations on the parties it governs. The Department of Regional Australia, Local Government, Arts and Sport is responsible for determining fees for utilities and services provided by the Australian Government in the Territory, as delegated by the Minister. The Department must ensure that the fees are set in accordance with Australian Government policy and the National Water Initiative pricing reform principles. Additionally, the Department is required to consult with the community, as evidenced by the notice published in the Jervis Bay Territory Community Bulletin and on the Department’s internet site, inviting comments on the proposed fee increases. The Territory must comply with these fees and pay them according to the specified payment period and due date. There are no specific offences, penalties, or civil/criminal consequences outlined in the Jervis Bay Territory Water and Sewerage Services Fees Determination 2012 for breach of the fee provisions. However, failure to pay the fees could lead to the suspension of water and sewerage services, which might indirectly result in legal or financial repercussions. The compatibility statement in Attachment A indicates that the Determination is compatible with human rights, as it does not engage any applicable rights or freedoms.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.