EXPLANATORY STATEMENT

Jervis Bay Territory Acceptance Act 1915

Administration Ordinance 1990 (Jervis Bay Territory)

Water and Wastewater Services Fees Determination 2018-19 (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 the 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, Regional Development and Cities (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 2018.

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 29 January 2018, the Department published the Jervis Bay Territory Community Bulletin 2018/01 (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 2018-19 (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 2018-19 (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 2017 (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 for the wastewater services fees.

The wastewater availability fee is the price charged to have a wastewater service made available and is dependent on the water connection size.

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