Overview

The Jervis Bay Territory Water and Wastewater Services Fees Determination 2013 was enacted to set the fees for the provision of water and wastewater services in the Jervis Bay Territory from 1 July 2013. This Determination was made under the authority of the Administration Ordinance 1990, which itself was enacted pursuant to Subsection 4F(1) of the Jervis Bay Territory Acceptance Act 1915. The Act enables the Governor-General to create Ordinances for the peace, order, and good governance of the Territory. The primary policy objective of this Determination is to ensure that residents of the Jervis Bay Territory have access to water and wastewater services at a standard comparable to those in the surrounding region, while also taking into account cost recovery principles as per the National Water Initiative. The Determination was developed with consideration of the Australian Government's policy to provide services to JBT residents on a par with those in the Shoalhaven region, ensuring that fees remain competitive. The Department of Regional Australia, Local Government, Arts and Sport, which was delegated this authority, consulted with the community by publishing notices in the Jervis Bay Territory Community Bulletin and on its internet site. Despite the invitation for comments, no submissions were received. The Determination also ensures compatibility with human rights, as detailed in the Statement of Compatibility with Human Rights attached to the document.

Scope and Application

The Jervis Bay Territory Water and Wastewater Services Fees Determination 2013 applies specifically to the Jervis Bay Territory, setting the fees for water and wastewater services provided by the Australian Government. The determination applies to residents and entities within the Territory who use water and wastewater services. It is established under the Jervis Bay Territory Acceptance Act 1915, which empowers the Governor-General to make ordinances for the Territory’s governance. The Administration Ordinance 1990 further provides the legal framework for the establishment of these fees, delegating the authority to determine these fees to officials within the Department of Regional Australia, Local Government, Arts and Sport. The fees set by this Determination are intended to ensure that JBT residents pay fees that are on par with, or lower than, those charged in the nearby Shoalhaven region, while also considering principles of cost recovery. This Determination commenced on 1 July 2013, revoking any previous fee determinations. The fees are detailed in Schedules 1 and 2, covering both water availability and usage fees, as well as wastewater service availability fees, all of which are equivalent or lower than those in the Shoalhaven region. Importantly, the supply of both water and wastewater services is GST-free under the A New Tax System (Goods and Services Tax) Act 1999.

Key Provisions

The Jervis Bay Territory Water and Wastewater Services Fees Determination 2013 sets out the fees applicable for water and wastewater services in the Jervis Bay Territory (JBT) from 1 July 2013. It is established under Section 3B(1) of the Administration Ordinance 1990, which allows the Minister responsible for Australia's Territories to determine fees for utilities and services provided by the Australian Government in the Territory. The power to set these fees has been delegated to specific officials within the Department of Regional Australia, Local Government, Arts and Sport (Department). The fees are designed to be equivalent or lower than those charged in the nearby Shoalhaven region, reflecting the broader Australian Government policy of providing services at a standard based on general parity with surrounding regions and in line with National Water Initiative pricing reform principles. The Determination specifies the fees for both water availability and usage, as well as for wastewater-service availability, in Section 5 and Section 6, respectively. The water availability fee is based on the size of the water connection, and the water usage fee is set per kilolitre of water used. The wastewater-service availability fee is also dependent on the water connection size. Importantly, the fees are structured so that residents of the JBT continue to pay equivalent or lower fees compared to those in the Shoalhaven region. The fees are detailed in Schedules 1 and 2, and the Determination also outlines the periods for payment and the due dates for these fees in Section 8. The Determination imposes obligations on the relevant parties, primarily the residents of JBT, to pay the specified fees for water and wastewater services as determined. The fees are to be paid for each water meter service connection, as outlined in Section 7. The Department of Regional Australia, Local Government, Arts and Sport must also ensure that the fees are in line with the set policy of maintaining parity with surrounding regions and adhere to the National Water Initiative pricing principles. Furthermore, the Department must ensure that the fees reflect the reality that the Territory does not have an economy of scale to enable full cost recovery for the provision of these services. In terms of penalties and consequences for non-compliance, the Determination does not explicitly outline specific penalties for breach. However, failure to pay the determined fees would likely result in non-delivery or disconnection of water and wastewater services, as is standard practice for utility services. Given that the fees are set under the authority of the Jervis Bay Territory Acceptance Act 1915 and the Administration Ordinance 1990, non-compliance might also be subject to the general legal consequences applicable to breaches of such legislative instruments, which could include fines or other civil remedies. The Determination also includes a Statement of Compatibility with Human Rights, confirming that the fees do not engage any applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.