Water and Wastewater Services Fees Determination 2016 (Jervis Bay Territory)

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

Legislation au F2016L00100 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 2016 (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 2016.

 

The Australian Government policy objective is that Territory residents have access to services that are similar to those provided in equivalent state communities in relation to water and wastewater services. This objective is achieved through fees based on general parity with those charged in the surrounding Shoalhaven region. 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 21 January 2016, the Department published the Jervis Bay Territory Community Bulletin 2016/01 (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 draft Water and Wastewater Fee Determination 2016 (Jervis Bay Territory).

 

No submissions were received in response to the Bulletin.

 

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 Determination does not engage any of the applicable rights or freedoms and is compatible with human rights as it does not raise any human rights issues.


DETAILS OF THE Water and wastewater Services Fees Determination 2016 (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 Water and Wastewater Fee Determination 2015 (Jervis Bay Territory).

 

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.

 

Schedule 1 provides for the schedule of annual water availability fees.

 

Schedule 2 provides for the schedule of annual wastewater availability fees.


Jervis Bay Territory Water and Wastewater Services Fees Comparison Table

 

Annual Water Availability Fees

 

 

 

 

Pipe Size

2015

2016

Variance (%)

25mm

$133

$125

-6.0%

32mm

$218

$205

-6.0%

50mm

$532

$500

-6.0%

80mm

 $1,360

 $1,280

-5.9%

100mm or more

 $2,125

 $2,000

-5.9%

 

 

Water Usage Fee

 

 

 

 

 

2015

2016

Variance (%)

Water Usage Fee (per KL)

$1.48

$1.65

11.5%

 

 

Annual Wastewater Availability Fees

 

 

 

 

Pipe Size

2015

2016

Variance (%)

25mm

 $1,049

 $1,080

3.0%

32mm

 $1,540

 $1,651

7.2%

50mm

 $2,281

 $2,737

20.0%

80mm

 $4,242

 $5,090

20.0%

100mm or more

 $6,059

 $7,270

20.0%

 

 

Overview

The Jervis Bay Territory Water and Wastewater Services Fees Determination 2016 (Jervis Bay Territory) was enacted to provide a framework for setting fees for water and wastewater services within the Jervis Bay Territory. This Determination was introduced to address the need for equitable fee structures for residents in the Territory, ensuring that the services provided are comparable to those in equivalent communities, particularly in the Shoalhaven region. The Act was enacted by the Australian Government, which delegated the responsibility for determining these fees to the Department of Infrastructure and Regional Development. The policy objective is to ensure that residents of the Jervis Bay Territory have access to essential services that are on par with those available in nearby state communities. The fees were determined based on general parity with the Shoalhaven region, considering that the Territory lacks the economy of scale to fully recover all costs related to water and wastewater services. The Determination also includes schedules for annual water and wastewater availability fees, which have been adjusted to reflect changes from the previous year while maintaining parity with the Shoalhaven region.

Scope and Application

The Jervis Bay Territory Water and Wastewater Services Fees Determination 2016 (Jervis Bay Territory) applies to the Jervis Bay Territory, a small area under the administration of the Australian Government, and governs the fees charged for water and wastewater services within this territory. The fees are determined to ensure that residents of the Jervis Bay Territory have access to services that are comparable to those provided in equivalent state communities, specifically the Shoalhaven region, while taking into account the Territory's limited economy of scale which prevents full cost recovery. The fees are set to ensure they are at or below the rates charged in the Shoalhaven region, thereby maintaining parity. This Determination revokes the previous Water and Wastewater Fee Determination 2015 and comes into effect from 1 July 2016. The fees set out in the Determination are applicable to all water and wastewater service connections within the Territory and are detailed in Schedules 1 and 2 of the Determination. The Determination is a legislative instrument that has been assessed for compatibility with human rights, and it has been determined that it does not engage any applicable rights or freedoms, thereby remaining compatible with human rights.

Key Provisions

The Jervis Bay Territory Water and Wastewater Services Fees Determination 2016 (Jervis Bay Territory) sets the fees for water and wastewater services to apply from 1 July 2016, with a clear objective to provide residents with services comparable to those in the surrounding Shoalhaven region. Section 5 of the Determination outlines the water services fees, detailing the water availability fee which varies depending on the size of the water connection. These fees are set at or below the rates charged in the Shoalhaven region to ensure affordability for Territory residents (Section 5). Similarly, Section 6 provides for the wastewater services fees, with the wastewater availability fee also dependent on the size of the water connection and set at or below the Shoalhaven region's rates (Section 6). The obligations imposed by the Determination include the requirement for water and wastewater services fees to be paid for each water meter service connection (Section 7). Additionally, the Determination mandates that invoices be issued, and specifies the due date for the payment of fees (Section 8). The fees outlined in Schedule 1 for water services and Schedule 2 for wastewater services must be adhered to by all residents and entities within the Territory. The Determination does not specify any offences, penalties, or civil/criminal consequences for breach. However, it is implied that failure to pay the fees as specified would lead to the non-provision of water and wastewater services. The fees are intended to ensure that services remain accessible and affordable for Territory residents, reflecting the policy objective of maintaining parity with equivalent services in the Shoalhaven region.

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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.