EXPLANATORY STATEMENT

Jervis Bay Territory Acceptance Act 1915

Administration Ordinance 1990 (Jervis Bay Territory)

Water and Wastewater Services Fees Determination 2014 (Jervis Bay Territory)

The Administration Ordinance 1990 (Jervis Bay Territory) was made pursuant to subsection 4F(1) of the Jervis Bay Territory Acceptance Act 1915 which provides that the Governor-General may make Ordinances for the peace, order and good government of the Jervis Bay Territory (Territory). 

Subsection 3B(1) of the Administration Ordinance 1990 (Jervis Bay Territory) enables the Minister responsible for Jervis Bay Territory 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 Commonwealth Department having responsibility for administration of Australian territories, currently the Department of Infrastructure and Regional Development (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 (No 2) dated 20 July 2012.

The purpose of this Determination is to set the water and wastewater services fees (the fees) for the Territory to apply from 1 July 2014.

The fees take into account the Australian Government policy objective that Territory residents have access to services that are similar to those provided in equivalent state communities. The water usage fee also, as far as practicable, observes the National Water Initiative pricing reform principles which have a basis for cost recovery commensurate with the level of consumption.

The Territory does not have an economy of scale to enable full recovery for all the costs related to the provision of water and wastewater services.

Consultation

The Department published a Jervis Bay Territory Community Bulletin (Bulletin), which was placed on the Department’s Internet and posted to water/wastewater account holders in the Territory. The Bulletin invited comment on the proposed Water and Wastewater Fee Determination 2014 (Jervis Bay Territory). No submissions were received.

Compatibility with Human Rights

This Determination, a 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.

This Legislative Instrument does not engage any of the applicable rights or freedoms. This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

DETAILS OF THE Water and wastewater Services Fees Determination 2014 (Jervis Bay Territory)

Section 1 titles the Determination.

Section 2 provides the date on which the Determination commences.

Section 3 provides for the revocation of the previous Water and Wastewater Fee Determination.

Section 4 defines the terms used in this Determination.

Section 5 provides for the water services fees.

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 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 wastewater services.

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

The supply of wastewater 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 wastewater fees being payable for each water meter service connection.

Section 8 provides for the issuing of invoices and the due date for the payment of fees.

Jervis Bay Territory Water and Wastewater Services Fees Comparison Table