Overview

The Jervis Bay Territory Acceptance Act 1915 established the Jervis Bay Territory as an Australian territory, creating a need for legislation governing its administration. The Jervis Bay Territory Acceptance Act 1915 was enacted by the Parliament of Australia to provide for the acceptance of the Jervis Bay Territory as a part of Australia and to enable the Governor-General to make ordinances for its governance. The Administration Ordinance 1990, made under the authority of this Act, allows the Minister responsible for the Territory to set fees for utilities and services provided by the Australian Government. The Water and Wastewater Services Fees Determination 2014 (Jervis Bay Territory) was made to set fees for water and wastewater services in the Territory, taking into account the policy objective that Territory residents should have access to services similar to those in equivalent state communities. This legislative instrument ensures that the fees are compatible with human rights and do not raise any human rights issues.

Scope and Application

The Water and Wastewater Services Fees Determination 2014 (Jervis Bay Territory) applies to the Jervis Bay Territory and sets the fees for water and wastewater services provided by the Australian Government in the Territory. This Determination, which commenced on 1 July 2014, establishes the pricing structure for the provision of these utilities, aiming to ensure that Territory residents have access to services similar to those in equivalent state communities, while taking into account the Territory's limited economy of scale. The fees are determined by the Minister responsible for Jervis Bay Territory, who has delegated this power to specific officials within the Department of Infrastructure and Regional Development. This Determination is compatible with human rights as it does not engage any applicable rights or freedoms. The fees outlined in the Determination are detailed in the Jervis Bay Territory Water and Wastewater Services Fees Comparison Table, which compares the 2013 and 2014 fees, and provides a variance percentage for each fee category.

Key Provisions

The Water and Wastewater Services Fees Determination 2014 (Jervis Bay Territory) primarily sets out the fees for water and wastewater services in the Jervis Bay Territory, effective from 1 July 2014. Section 3 of the Determination revokes any previous fee determinations, ensuring that the new fees are the current governing schedule. Section 4 defines key terms used throughout the Determination, while Section 5 outlines the water services fees, with Section 6 doing the same for wastewater services. The fees are structured to ensure they are comparable to those in the nearby Shoalhaven region, aiming for equitable service provision in the Territory (Sections 5 and 6). Additionally, Section 7 mandates that fees are payable for each water meter service connection, and Section 8 specifies the procedure for issuing invoices and setting the due date for fee payments. The Act imposes obligations on both the Department of Infrastructure and Regional Development and the residents of the Jervis Bay Territory. The Department is responsible for determining the fees, ensuring they align with Australian Government policy objectives and pricing reform principles, as well as ensuring equitable access to services for Territory residents. The residents, on the other hand, must pay the specified fees as per the issued invoices by the due dates, as outlined in Section 8. This structured approach ensures that both parties have clear expectations and responsibilities under the Determination. Breaches of the provisions outlined in the Determination could result in various consequences. While the Determination itself does not explicitly detail offences or penalties for non-payment or other breaches, it operates under the broader framework of the Administration Ordinance 1990 (Jervis Bay Territory). Non-compliance with the payment obligations could potentially lead to enforcement actions under the applicable territory laws, which might include administrative penalties or other legal consequences. The exact nature and severity of these consequences would be determined by the relevant authorities within the Jervis Bay Territory administration.