Water and Wastewater Services Fees Determination 2015 (Jervis Bay Territory)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2015L00490 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Jervis Bay Territory Acceptance Act 1915

Administration Ordinance 1990 (Jervis Bay Territory)

 

 

Water and Wastewater Services Fees Determination 2015 (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 2015.

 

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

 

On 23 February 2015, the Department published a Jervis Bay Territory Community Bulletin 2015/01 (Bulletin). The Bulletin was placed on the Department’s website and posted to water and wastewater account holders in the Territory. The Bulletin invited comment on the proposed Water and Wastewater Fee Determination 2015 (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 2015 (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

 

Annual Water Availability Fees

 

 

 

 

Pipe Size

2014

2015

Variance (%)

25mm

$127.00

$133.00

4.7%

32mm

$207.00

$218.00

5.3%

50mm

$506.00

$532.00

5.1%

80mm

 $1,281.50

 $1,360.00

6.1%

100mm or more

 $1,804.00

 $2,125.00

17.8%

 

 

Water Usage Fee

 

 

 

 

 

2014

2015

Variance (%)

Water Usage Fee (per KL)

$1.24

$1.48

19.4%

 

 

Annual Wastewater Availability Fees

 

 

 

 

Pipe Size

2014

2015

Variance (%)

25mm

 $1,000.00

 $1,049.00

4.9%

32mm

 $1,283.50

 $1,540.00

20.0%

50mm

 $1,901.50

 $2,281.00

20.0%

80mm

 $3,535.50

 $4,242.00

20.0%

100mm or more

 $5,049.20

 $6,059.00

20.0%

 

 

Overview

The Jervis Bay Territory Acceptance Act 1915, enacted to facilitate the acceptance of the Jervis Bay Territory by the Commonwealth of Australia, allows for the creation of ordinances to ensure the peace, order, and good governance of the territory. Pursuant to this Act, the Administration Ordinance 1990 was established, empowering the Minister responsible for the Jervis Bay Territory to set fees for utilities and services provided by the Australian Government. The Water and Wastewater Services Fees Determination 2015 (Jervis Bay Territory) was introduced to establish fees for water and wastewater services in the Territory, aligning with the policy objective of providing services comparable to those in equivalent state communities. The fees were determined to account for the lack of an economy of scale in the Territory and adhere to the National Water Initiative pricing principles for cost recovery. The fees were set to be equivalent or lower than those in the nearby Shoalhaven region, and no submissions were received during the consultation period.

Scope and Application

The Water and Wastewater Services Fees Determination 2015 (Jervis Bay Territory) applies to the residents and entities within the Jervis Bay Territory who are subject to the fees for water and wastewater services set by this Determination. The Act sets fees for the provision of these services by the Australian Government, ensuring that residents of the Territory have access to services that are similar in quality and cost to those provided in equivalent state communities. The fees are determined by the Minister responsible for Jervis Bay Territory, who has delegated this authority to specific officials within the Commonwealth Department of Infrastructure and Regional Development. The fees are designed to align with the National Water Initiative pricing reform principles, which aim for cost recovery commensurate with the level of consumption. Notably, the Territory does not have an economy of scale to fully recover all costs related to the provision of these services. The fees are structured to ensure that the costs are manageable for the residents of the Jervis Bay Territory, with the aim of avoiding undue financial burdens. The fees are also set to be equivalent or lower than those in the nearby Shoalhaven region to maintain fairness and accessibility.

Key Provisions

The Jervis Bay Territory Acceptance Act 1915 provides the legal foundation for the governance of the Jervis Bay Territory, enabling the creation of ordinances to ensure peace, order, and good governance. Under this act, the Administration Ordinance 1990 was established, which empowers the Minister responsible for Jervis Bay Territory to set fees for utilities and services provided by the Australian Government in the Territory. This authority has been delegated to specific officials within the Department of Infrastructure and Regional Development. The Water and Wastewater Services Fees Determination 2015 (Jervis Bay Territory) sets out the fees for water and wastewater services in the Territory, effective from 1 July 2015. The fees are designed to provide Territory residents with services comparable to those in similar state communities, while also considering the National Water Initiative pricing reform principles, which focus on cost recovery based on the level of consumption. However, due to the Territory’s small scale, full cost recovery for water and wastewater services is not feasible. The obligations under this Determination require that the fees be set in a manner that reflects the costs associated with providing these services, ensuring that the fees are fair and reasonable. The fees are structured to reflect the size of the water connection, and they are comparable to those in the Shoalhaven region. Additionally, the supply of both water and wastewater services is exempt from GST, as per the A New Tax System (Goods and Services Tax) Act 1999. There are no specific offences, penalties, or civil/criminal consequences mentioned in the Determination for breaches of these fee provisions. However, the general legal framework governing the Jervis Bay Territory and the authority of the Minister to set fees imply that any failure to comply with the Determination could potentially result in legal action or administrative penalties as prescribed by the applicable laws and regulations.

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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.