Overview

The Jervis Bay Territory Acceptance Act 1915 was enacted to provide a legislative framework for the governance of the Jervis Bay Territory, an area of Australia under federal control. The Act was introduced to address the administrative and legal needs of the territory, which is distinct from the states and territories of Australia. Pursuant to this Act, the Governor-General was empowered to make ordinances for the territory's governance. One such ordinance is the Administration Ordinance 1990 (Jervis Bay Territory), which allows the Minister responsible for the territory to determine fees for utilities and services provided by the Australian Government. This framework ensures that the residents of the Jervis Bay Territory have access to essential services similar to those in equivalent state communities, despite the territory's limited economy of scale. The policy objective is to maintain parity with fees charged in the surrounding Shoalhaven region for water and wastewater services.

Scope and Application

The Jervis Bay Territory Water and Wastewater Services Fees Determination 2018-19 applies to individuals and entities within the Jervis Bay Territory, governing the fees for water and wastewater services provided by the Australian Government. This Determination is made under the Jervis Bay Territory Acceptance Act 1915 and administered through the Administration Ordinance 1990 (Jervis Bay Territory). The fees are designed to align with those in the surrounding Shoalhaven region, ensuring that residents of the Territory have access to comparable utility services. The Determination sets specific fees for water and wastewater services based on water connection sizes, ensuring they are equivalent or lower than those charged in the Shoalhaven region. The fees are subject to the A New Tax System (Goods and Services Tax) Act 1999, under which the supply of water and wastewater services is GST-free. The Determination also includes provisions for the issuing of invoices and payment deadlines. The fees are detailed in Schedules 1 and 2, and the Determination itself revokes the previous fee determination, effective from 1 July 2018. No submissions were received in response to the public consultation on the draft Determination, indicating its acceptance by the community.

Key Provisions

The Jervis Bay Territory Water and Wastewater Services Fees Determination 2018-19 sets forth the fees applicable to water and wastewater services provided in the Jervis Bay Territory for the financial year 2018-19. This Determination operates under the framework established by the Administration Ordinance 1990 (Jervis Bay Territory), which itself is authorised by the Jervis Bay Territory Acceptance Act 1915 (section 4F(1)). Section 3B(1) of the Administration Ordinance allows the Minister responsible for the Territory to determine these fees, and this power has been delegated to specific officials within the Department of Infrastructure, Regional Development and Cities (the Department). The fees are structured to ensure that Territory residents have access to services comparable to those in the surrounding Shoalhaven region, given the Territory's limited economy of scale. The Determination outlines various obligations and requirements for the parties involved. Section 4 defines the terms used throughout the document, ensuring clarity and consistency. Section 5 specifies the water services fees, which are dependent on the size of the water connection and are designed to be equivalent or lower than those in the Shoalhaven region. Section 6 details the wastewater services fees, similarly structured based on the size of the connection. Both water and wastewater services are provided on a GST-free basis, as per sections 38.285 and 38.290 of the A New Tax System (Goods and Services Tax) Act 1999. Section 7 mandates that fees are payable for each water meter service connection, while Section 8 stipulates the process for issuing invoices and the due date for fee payments. For those who fail to comply with the requirements of the Determination, there are no explicitly stated penalties or consequences in the text. However, non-compliance could potentially lead to administrative actions or legal consequences under the broader legislative framework governing the Jervis Bay Territory. It is also noted that the Determination is compatible with human rights as it does not engage any of the applicable rights or freedoms under the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.