Overview

The Jervis Bay Territory Water and Sewerage Services Fee Determination No 1 of 2005 was enacted to establish a fee structure for the provision of water and sewerage services in the Jervis Bay Territory. This Determination was made under the authority of the Jervis Bay Territory Acceptance Act 1915, which grants the Governor-General the power to make Ordinances for the peace, order, and good government of the Territory, and the Administration Ordinance 1990, which allows the Minister for Local Government, Territories and Roads to set fees for utilities and services provided by the Commonwealth. The Determination aims to align the fee structure with Best Practice Pricing and the rates set by Shoalhaven City Council, reflecting a policy objective of consistency with surrounding New South Wales region. This alignment was deemed necessary without the need for consultation, as it adheres to the Australian Government’s broader policy of harmonising local governance and service provision with regional standards.

Scope and Application

The Jervis Bay Territory Acceptance Act 1915 provides the legislative framework under which the Governor-General has the authority to enact Ordinances for the peace, order, and good government of the Jervis Bay Territory. This Act specifically authorises the creation of the Administration Ordinance 1990, which in turn allows the Minister for Local Government, Territories, and Roads to determine fees for utilities and services provided by the Commonwealth within the Territory. The Jervis Bay Territory Water and Sewerage Services Fee Determination No 1 of 2005 was made under this authority to establish a fee structure for water and sewerage services, aligning it with Best Practice Pricing and the practices of the Shoalhaven City Council. The fees set out in this Determination are applicable to all residents and businesses within the Territory, and the fees outlined in Schedules 1 and 2 apply to water and sewerage services respectively. The Determination excludes the application of Goods and Services Tax (GST) on the fees, and it revokes all previous water and sewerage fee determinations, effective from 1 April 2005.

Key Provisions

The Jervis Bay Territory Acceptance Act 1915 (section 4F(1)) allows the Governor-General to enact Ordinances for the administration of the Jervis Bay Territory (the Territory). This legislative power is exercised through the Administration Ordinance 1990 (section 3B(1)), which empowers the Minister for Local Government, Territories and Roads to set fees for utilities and services provided by the Commonwealth within the Territory. The Jervis Bay Territory Water and Sewerage Services Fee Determination No 1 of 2005 (the Determination) was made under this authority, establishing the fee structure for water and sewerage services in the Territory. The Determination is designed to align the Territory's fee structure with best practices and those of the Shoalhaven City Council in New South Wales. The Determination outlines several key provisions. Section 4 specifies the fees for water services, while Section 5 details the fees for sewerage services. These fees are set out in Schedules 1 and 2, respectively. Section 6 stipulates that these fees apply to each water meter service connection. Section 7 exempts these fees from the Goods and Services Tax (GST), and Section 8 outlines the payment periods and due dates for the fees. Finally, Section 9 revokes all previous water and sewerage fee determinations, ensuring that the current fees are the only applicable charges. Under the Determination, the primary obligations for parties and entities governed by it include paying the specified fees for water and sewerage services. Residents and businesses in the Territory must ensure timely payment of these fees as outlined in Section 8, which sets out the payment periods and due dates. The fees are to be paid in accordance with the rates specified in Schedules 1 and 2, and no other fees can be charged as per Section 9. Failure to comply with the Determination can lead to various consequences. While specific offences and penalties are not detailed in the provided text, it is reasonable to infer that breaches of payment obligations could result in civil or administrative penalties. These could include fines or other enforcement actions, as typically provided for under such regulatory frameworks. The exact nature and severity of these penalties would depend on the specific terms of the Determination and any related administrative or regulatory processes.