Water and Sewerage Services Fees and Charges Determination 2012 Christmas Island

Link to law: https://www.comlaw.gov.au/Details/F2012L01452

Water and Sewerage Services Fees and Charges Determination 20121
Utilities and Services Ordinance 1996
I, Steve Clay, Acting Administrator, make the following determination under section 4 of the Utilities and Services Ordinance 1996 of the Territory of Christmas Island.
Dated 27 June 2012
 
Steve Clay
Acting Administrator
Contents
                        1      Name of determination                                                                        2
                        2      Commencement                                                                                  2
                        3      Repeal                                                                                               2
                        4      Fees and charges                                                                               2
                        5      Definitions                                                                                          3
                        6      Categories of land                                                                              4
                        7      Concessions                                                                                      6
                        8      Period for payment                                                                             6
                        9      Non-payment of fees and charges                                                       7
                       10      Special payment arrangements                                                            8
Schedule 1                  Fixed charges for provision of water services from 1 July 2012 to 30 June 2013    9
Schedule 2                  Fixed charges for provision of sewerage services from 1 July 2012 to 30 June 2013          10
Schedule 3                  Quantity charges for 1 July 2012 to 30 June 2013                             11
Schedule 4                  Building application fees for 1 July 2012 to 30 June 2013                 13
Schedule 5                  Other fees and interest rates for 1 July 2012 to 30 June 2013            14
 
 
1              Name of determination
                This determination is the Water and Sewerage Services Fees and Charges Determination 2012.
2              Commencement
                This determination commences on 1 July 2012.
3              Revocation
                The Christmas Island Water and Sewer Services Fees and Charges Determination No. 3 of 2011 (Federal Register of Legislative Instruments No. F2011L01385) is revoked.
4              Fees and charges
         (1)   This determination determines fees and charges for the provision of water and sewerage services.
         (2)   In this determination:
                (a)    fixed charges that may be imposed for the provision of water services are set out in Schedule 1; and
               (b)    fixed charges that may be imposed for the provision of sewerage services are set out in Schedule 2; and
                (c)    quantity charges that may be imposed are set out in Schedule 3; and
               (d)    building application fees that may be imposed are set out in Schedule 4; and
                (e)    other fees and interest rates that may be imposed are set out in Schedule 5.
         (3)   Despite paragraph (2) (c), the Authority may agree on quantity charges for a particular case.
Note   In addition to the fees and charges mentioned in Schedules 1 to 5, headworks contributions will be payable, to the Water Corporation of Western Australia, in relation to building developments, subdivisional developments and upgrading of existing water and wastewater services. The charges for headworks contributions are set by the Water Corporation of Western Australia. Details of the current charges will be provided on request.
         (4)   If this determination imposes a fee or charge for a service:
                (a)    the Authority may issue the fee or charge, by sending a notice to the owner or occupier of the land; and
               (b)    the owner or occupier of the land is liable to pay the fee or charge; and
                (c)    the owner or occupier of the land must pay the fee or charge to the Authority.
5              Definitions
         (1)   In this determination:
Administrator has the same meaning as in section 5 of the Administration Ordinance 1968 of the Territory of Christmas Island.
Authority means the Administrator or the contracted agent of the Administrator.
discharge factor has the meaning given by subsection (2).
eligible pensioner has the same meaning as in subsection 3 (1) of the Rates and Charges (Rebates and Deferments) Act 1992 of Western Australia (as it applies on Christmas Island).
eligible senior has the same meaning as in subsection 3 (1) of the Rates and Charges (Rebates and Deferments) Act 1992 of Western Australia (as it applies on Christmas Island).
financial year means a period of 12 months starting on 1 July.
fire service means a water supply connection provided for fire-fighting purposes.
GRV, in relation to land, means the gross rental value of the land.
holiday accommodation has the meaning given by subsection (3).
major fixture means any of the following:
                (a)    a water closet;
               (b)    each urinal outlet contained within a floor-mounted urinal;
                (c)    each stand of wall-hung urinals contained within a separate ablution area;
               (d)    a pan washer.
occupier means the person in occupation of the land or, if there is no person in occupation, the person entitled to possession of the land.
owner has the same meaning as in section 1.4 of the Local Government Act 1995 of Western Australia (as it applies on Christmas Island).
residence means a private dwelling house, home unit or flat, including any yard, garden, outhouse or appurtenance belonging to, or usually enjoyed with, the private dwelling house, home unit or flat.
         (2)   The discharge factor, for a property, is:
                (a)    the estimated percentage of water discharged into the Authority’s sewer in a period determined, for each property, by the Authority, by individual assessment and consultation with the customer; or
               (b)    if paragraph (a) does not apply—95%.
         (3)   Accommodation is holiday accommodation if, at any time during the financial year for which a charge is to be assessed, it is:
                (a)    held out by the owner or occupier of the land on which the accommodation is situated as being available, or  is made available by the owner or occupier, for occupation for holiday purposes by persons other than the owner or occupier; and
               (b)    not held out or made available substantially by way of trade or business or for the purpose of any trade or business.
6              Categories of land
         (1)   This section defines the categories of land that are mentioned in Schedules 1 to 5.
         (2)   Land is residential land if:
                (a)    the land is used wholly or primarily for the purpose of providing a residence for any or all of the following:
                          (i)    the owner or occupier of the land;
                         (ii)    the family of the owner or occupier of the land;
                        (iii)    the servants of the owner or occupier of the land; and
               (b)    the Authority is satisfied that the land is not used, in whole or in part, for the purpose of providing holiday accommodation.
         (3)   Land is commercial/residential land if:
                (a)    the land is used, though not wholly or primarily, for the purpose mentioned in paragraph (2) (a); and
               (b)    the land is used for any or all of the following purposes:
                          (i)    a shop;
                         (ii)    a workshop;
                        (iii)    an office;
                        (iv)    a bakery;
                         (v)    a surgery;
                        (vi)    any other business purpose.
         (4)   Land is commercial land if:
                (a)    the land is used for one of the following purposes:
                          (i)    conducting a business;
                         (ii)    the practice of a profession;
                        (iii)    holiday accommodation;
                        (iv)    any other commercial purpose; and
               (b)    the land is not used for any other purpose mentioned in this section.
         (5)   Land is industrial land if:
                (a)    the land is used for manufacturing or processing; and
               (b)    the manufacturing or processing cannot be conducted without the use of water; and
                (c)    the land is not used for any other purpose mentioned in this section.
         (6)   Land is vacant land if:
                (a)    there is no building on the land; and
               (b)    the land is not used for any other purpose mentioned in this section.
         (7)   Land is government land if:
                (a)    the land is used by the Commonwealth Government or the government of a State for business, professional, commercial, or office purposes, or as a power station; and
               (b)    the land is not used for any other purpose mentioned in this section.
         (8)   Land is mining land if:
                (a)    the land is used for the purposes of mining; and
               (b)    the land is not used for any other purpose mentioned in this section.
         (9)   Land is institutional/public land if:
                (a)    the land is used for a club, institutional or public purpose that has been approved by the Authority; and
               (b)    the land is not used for any other purpose mentioned in this section.
       (10)   Land is charitable purposes land, if the Authority is satisfied that the land is used for one of the following purposes:
                (a)    providing relief or assistance to persons who are sick, aged, disadvantaged, unemployed or young;
               (b)    conducting other activities, by a private organisation that is not operated for the purpose of profit or gain to individual members, shareholders or owners, for the benefit of the public or in the interests of social welfare.
       (11)   Land is local government land if:
                (a)    the land is used by a local government for business or office purposes; and
               (b)    the land is not used for any other purpose mentioned in this section.
7              Concessions
         (1)   An eligible pensioner may pay a charge mentioned in Schedule 1 or 2 at the pensioner rate if:
                (a)    the pensioner is the owner and occupier of residential land; and
               (b)    a fixed charge mentioned in Schedule 1 or 2 applies in relation to the land.
         (2)   An eligible pensioner may pay a charge mentioned in Schedule 3 at the pensioner rate, for consumption up to 600 kilolitres, if:
                (a)    the pensioner is the occupier of residential land; and
               (b)    a charge mentioned in Schedule 3 applies in relation to the land.
         (3)   An eligible senior may pay a charge mentioned in Schedule 1 or 2 at the senior rate if:
                (a)    the senior is the owner and occupier of residential land; and
               (b)    a fixed charge mentioned in Schedule 1 or 2 applies in relation to the land.
         (4)   In this section:
pensioner rate means the charge mentioned in Schedule 1, 2 or 3, reduced by 50% of the charge.
senior rate means the charge mentioned in Schedule 1 or 2, reduced by 25% of the charge.
8              Period for payment
         (1)   For this determination, subject to subsection (7), an annual charge issued in July is payable to the Authority in 2 equal instalments that must be paid on or before 31 July and 31 December in the financial year for which the charge is issued.
         (2)   Subject to subsections (7) and (8), a person must pay a charge:
                (a)    in full, or before 31 July in the financial year in which the charge is issued; or
               (b)    in 4 equal instalments, on or before 31 July, 31 October, 31 December and 31 March in the financial year in which the charge is issued.
         (3)   If a person pays a charge in full, the person may reduce the amount paid by:
                (a)    an amount mentioned in item 9 of Schedule 5 that applies in relation to the charge; and
               (b)    an amount of interest, calculated at the yearly rate mentioned in item 10 of Schedule 5, in relation to 50% of the charge, for a period of 5 months.
         (4)   If a person pays a charge in 4 equal instalments, the person must also pay an instalment charge, calculated by adding:
                (a)    the amount mentioned in item 11 of Schedule 5 that applies to the charge; and
               (b)    an amount of interest, calculated at the yearly rate mentioned in item 12 of Schedule 5, in relation to 50% of the charge, for a period of 3 months.
         (5)   Subsection (4) does not apply to a person if the person is an eligible pensioner.
         (6)   Subsections (3), (4) and (5) do not apply to a person if an amount to which section 8 applies has not been paid by the person.
         (7)   A charge must be paid, in full, on or before the end of the period that commences on the date that the person was notified of the charge and ends on the 60th day after that date, if:
                (a)    the charge is for a period less than a full financial year; or
               (b)    the account for the charge was given after 31 July in the financial year to which the charge relates.
                  (8)   Unless a special payment arrangement has been made under section 10, an account for a quantity charge must be paid, in full, on or before the end of the period that commences on the date that the person was notified of the charge and ends on the 60th day after that date.
         (9)   Despite anything in this section, the Authority may, after having regard to the circumstances in a particular case, allow a person to elect to pay a fee or charge in accordance with subsection (3), (4) or (5), without the requirement for the relevant amount to be paid on or before 31 July in the financial year to which the charge relates.
9              Non-payment of fees and charges
         (1)   If payment of a fee or charge is not received, by the Authority, from the owner of a property in relation to which the fee or charge is imposed, within the period that starts on the day on which the fee or charge is due and ends on the day that is 60 days from the day on which the fee or charge is due, the Authority must send a reminder notice to the owner or occupier of the property.
         (2)   A reminder notice must tell the owner or occupier that if payment is not received within 14 days of the date of the notice then action may be taken to restrict access to the service at the property to which the fee or charge relates.
         (3)   If payment is not received by the day mentioned in subsection (2), the Authority may send the owner or occupier a notice of restriction action.
         (4)   A notice under subsection (3) must tell the owner or occupier that, unless payment of the fee or charge is made within the period stated in the notice, action will be taken to restrict the property’s access to the service.
         (5)   The period mentioned in subsection (4) must not be less than 7 days.
         (6)   If an owner or occupier does not make a payment within the period stated in the notice mentioned in subsection (3), the Authority may restrict the supply of a water service until either:
                (a)    payment of any outstanding fees and charges, including any fee imposed under subsection (7), is made; or
               (b)    a special payment arrangement is entered into, under section 10.
         (7)   If the Authority restricts the supply of a water service under subsection (6), the Authority may charge a fee for any costs incurred in removing any restriction on the supply of the service.
10            Special payment arrangements
                   The Authority may agree to a special payment arrangement with an owner or occupier if:
                (a)    the owner or occupier is experiencing difficulties in paying fees or charges; and
               (b)    the owner or occupier notifies the Authority of the difficulties.
Schedule 1        Fixed charges for provision of water services from 1 July 2012 to 30 June 2013
(paragraph 4 (2) (a))
  
Item
Provision to ...
Fixed charge

1
residential land
$188.10

2
commercial land, commercial/residential land, industrial land, mining land, government land or shipping:

15 mm or 20 mm meter or unmetered (minimum)
$188.10

25 mm
$293.90

40 mm
$752.40

50 mm
$1 175.60

80 mm
$3 009.60

100 mm
$4 702.50

150 mm
$10 580.60

3
institutional/public land, charitable purposes land or local government land
nil

4
vacant land
$188.10

5
fire service
$188.10

6
strata-titled commercial land or industrial land, if sharing a water service
$188.10

Note   Additional connections will be charged at the same rates as above.
Schedule 2        Fixed charges for provision of sewerage services from 1 July 2012 to 30 June 2013
(paragraph 4 (2) (b))
  
Item
Provision to ...
Fixed charge

1
residential land:
 

rate in the dollar
minimum annual charge
maximum annual charge
12 cents per $ of GRV
$313.20
$780.40

2
commercial land, industrial land or mining land (other than land mentioned in item 6):

first major fixture
second major fixture
third major fixture
each subsequent major fixture
minimum annual charge
$728.40
$311.80
$416.40
$452.80
$728.40

3
vacant land:

rate in the dollar
minimum annual charge
maximum annual charge (if zoned for future residential use)
12 cents per $ of GRV
$206.10
$780.40

4
institutional/public land, charitable purposes land or local government land:

first major fixture
each subsequent major fixture
$195.70
$86.10

5
government land:

first major fixture
second major fixture
third major fixture
each subsequent major fixture
$728.40
$311.80
$416.40
$452.80

6
strata-titled commercial land or industrial land sharing a major fixture
$452.80

Note for item 1   Increases in annual charges are limited to 50% of the difference between the 2011–12 and 2012–13 annual charges.
Note for item 2   Increases in annual charges are limited to 50% of the difference between the 2011–12 and 2012–13 annual charges.
Note for item 3   Increases in GRV-based annual charges are limited to 50% of the difference between the 2011–12 and 2012–13 annual charges.
Note for item 4   Where the number of major fixtures is greater than one, the increase in annual charges is limited to 50% of the difference between the 2011–12 and 2012–13  annual charges.
Schedule 3        Quantity charges for 1 July 2012 to 30 June 2013
(paragraph 4 (2) (c))
  
Item
Provision to ...
Quantity charge (per kL)

1
residential land or vacant land that has been zoned for residential purposes:

0 to 150 kL
133.6 cents

151 to 350 kL
133.6 cents

351 to 500 kL
174.7 cents

501 to 550 kL
360.0 cents

551 to 650 kL
360.0 cents

651 to 750 kL
360.0 cents

751 to 1150 kL
634.7 cents

1151 to 1550 kL
634.7 cents

1551 to 1950 kL
634.7 cents

over 1950 kL
634.7 cents

2
commercial land, industrial land, mining land, shipping or vacant land not mentioned in item 1:

0 to 300 kL
413.5 cents

over 300 kL
451.4 cents

3
commercial/residential land:

0 to 150 kL
133.6 cents

151 to 450 kL
413.5 cents

over 450 kL
451.4 cents

4
land owned by the Commonwealth Government:

0 to 300 kL
413.5 cents

over 300 kL
451.4 cents

5
institutional/public land used for non-government schools, churches or community facilities, charitable purposes land, local government land:

0 to 300 kL
174.7 cents

over 300 kL
192.6 cents

6
commercial or industrial discharge to sewer:

0 to 200 kL per property (allowance)
nil

over 200 kL
178.5 cents

7
government discharge to sewer:

0 to 200 kL per property (allowance)
nil

over 200 kL
267.7 cents

Note for item 6   The number of kilolitres is calculated by multiplying the water used by the assessed discharge factor to determine discharge to sewer.
Note for item 7   The number of kilolitres is calculated by multiplying the water used by the assessed discharge factor to determine discharge to sewer.
Schedule 4        Building application fees for 1 July 2012 to 30 June 2013
(paragraph 4 (2) (d))
  
Item
Type of building
Fee

1
Building plans to construct a new residential building or alter an existing residential building (charge is for each residential unit)
$115.50

2
Minor building fee for approval of an outbuilding to a single residential property, including pools, garages and pergolas (in sewered areas only)
$33.75

3
Building plans for multi-residential units
$115.50 per unit

4
Building plans for buildings other than residential and multi‑residential units (construct new building/alter existing building) at a cost of:

up to $22 500 (sewered area only)
$25.00

over $22 500 but not over $200 000
$85.00

over $200 000 but not over $500 000
$330.00 

over $500 000 but not over $1 000 000
$550.00

5
Building plans for buildings other than residential and multi‑residential units (construct new building/alter existing building) where the cost exceeds $1 000 000:

first $10 000 000
$0.90 per $1 000

over $10 000 000
$9 000.00 plus $0.25 for every $1 000 over $10 000 000

Schedule 5        Other fees and interest rates for 1 July 2012 to 30 June 2013
(paragraph 4 (2) (e))
  
Item
Service
Fees and interest rates

1
Relocation of service
actual/quoted cost

2
Disconnection or reconnection of water service
actual/quoted cost

3
Special meter readings for change of ownership/tenancy:

within 7 days of being requested
$15.60

within 2 days of being requested
$52.35

4
Advice of sale requests:

electronic advice – standard
$41.35

electronic advice – urgent
$78.05

manual advice – standard
$71.00

manual advice – urgent
$107.35

5
Meter tests:

20 mm to 25 mm meters
$100.00

over 25 mm meters
actual/quoted cost

6
Restoration of service after restriction:

between 7 am and 4 pm any day except Saturday, Sunday and public holidays
$143.00

any other time
$227.00

7
Sewer connection charge
actual/quoted cost

8
Installation of sewer junction
actual/quoted cost

9
Discount
$1.50

10
Discount interest rate
2.19% per annum

11
Instalment charge
$3.00

12
Instalment charge interest rate
3.19% per annum

 
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.
 
Read Entire Law on www.comlaw.gov.au