Cocos (Keeling) Islands Act 1955

Utilities and Services Ordinance 1996

DETERMINATION OF FEES FOR WATER AND SEWERAGE SERVICES

NO 2 OF 2005

I, EVAN JOHN WILLIAMS, Administrator of the Cocos (Keeling) Islands, make this Determination under section 4 of the Utilities and Services Ordinance 1996.

Dated                     23/9/ 2005

Administrator                            EVAN WILLIAMS

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1.            Citation

This Determination may be cited as the Cocos (Keeling) Islands Water and Sewer Services Fees and Charges Determination No 2 of 2005. This determination replaces all those made before.

2.            Commencement

This determination commences on 1 October 2005.

3.            Fees and Charges

The fees for the connection of water and sewerage supply, the supply of water and sewerage services and ancillary purposes are as set out in Schedules 1 to 6.

4.            Definitions

In this Determination:

"eligible pensioner" has the same meaning as in subsection 3(1) of the Rates and Charges (Rebates and Deferments) Act 1992 (WA) (CKI);

“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" means accommodation which, at any time during the year for which a charge is to be assessed:

(a)   is held out by the owner or occupier of the land on which the accommodation is situated as being available; or

(b)   is made available by that owner or occupier,

for occupation for holiday purposes by persons other than that owner or occupier unless the accommodation is not so held out or made available substantially by way of trade or business or for the purpose of any trade or business;

“major fixture” means:

(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; and

(d) a pan washer;

"occupier" means the person in actual occupation of the land, or if there is no person in actual occupation, the person entitled to possession of the land;

"owner" has the meaning assigned in the Local Government Act 1995 (WA)(CKI);

"residence" means a private dwelling house, home unit, or flat, and includes any yard, garden, outhouse, or appurtenance belonging thereto or usually enjoyed therewith;

"the Authority" means the Department of Transport and Regional Services or its contracted agent;

"year" preceded by a reference to 2 calendar years (for example 2005/2006) means the period commencing on 1 July in the first of the years referred to and ending immediately before 1 July in the second of those years.

5.                  Classification of Land

(1)     Residential, if the land:

(i) is used wholly or primarily for the purpose of providing the owner or occupier of the land with a residence for himself, his family or servants, or any of them; and

(ii) in the opinion of the Authority, is not used in whole or in part for the purpose of providing holiday accommodation;

(2)     Commercial, if the land is used for business, professional, holiday accommodation or other commercial purposes that are not the subject of another class prescribed in this section;

(3)     Industrial, if the land is used for manufacturing or processing involving the use of water as an essential commodity and is not the subject of another class prescribed in this section; 

(4)     Vacant Land, if there is no building on the land and it is not appropriate to otherwise classify the land under this section;

(5)     Government, if the land is used by a Commonwealth, State or Local government for business, professional, commercial, or office purposes, or as a power station, and the classification of the land is not otherwise specifically provided for in this section;

(6)     Institutional/Public, if the land is used for such club, institutional, or public purpose as the Authority approves, not being a purpose otherwise specifically provided for under this section;

(7)     Charitable purposes, if, in the opinion of the Authority, the land is used for the purpose of:

(i) providing relief or assistance to sick, aged, disadvantaged, unemployed or young persons; or

(ii) conducting other activities for the benefit of the public or in the interests of social welfare, by a private organisation that is not operated for the purpose of profit or gain to individual members, shareholders or owners.

6.         Fees and Charges

(1)          The fixed charges for the provision of water and sewerage services are set out in Schedules 1 and 2 respectively.

(2)          Water consumption charges are set out in Schedule 3 unless otherwise approved by the Authority.

(3)          Building application fees are set out in Schedule 4.

(4)          Other fees, discounts, interest rates and additional charges are set out in Schedule 5.

(5)          Information on Headworks Contributions is set out in Schedule 6.

7.         Concessions

(1)          An eligible pensioner who is the owner and occupier of residential land and is liable to pay a fixed charge for that land set out in Schedules 1 and 2 is entitled to a 50% discount on the charge.

(2)          An eligible pensioner who is the occupier of residential land and is liable to pay the water consumption charges set out in Schedule 3 is entitled to a 50% discount on the charges applicable on the first 600 kilolitres consumed.

8.         Period for payment

(1)     Unless special payment arrangements have been made, annual charges are due and payable as follows:

(a) Annual charges issued in July are payable to the Authority in 2 equal instalments due on 31 July and 31 December, respectively, in the year for which the charge is made.

(b) A person may elect to pay an account relating to a charge:

(i) in full (whether or not it also relates to other charges in respect of the same year) on or before 31 July in that year in which case the person is to receive a discount of:

(A) the amount prescribed in Schedule 5 item 9 in respect of the account (irrespective of whether it relates to one or more charges); and

(B) interest calculated at the rate prescribed in Schedule 5 item 10 for a period of 5 months on one-half of the charge for the year;

or

(ii) in 4 equal instalments on or before 31 July, 31 October, 31 December, and 31 March, respectively, in that year, in which case the person, unless they are an eligible pensioner, is to be liable for an instalment charge of:

(A) the amount prescribed in Schedule 5 item 11 in respect of the account (irrespective of whether it relates to one or more charges); and

(B) interest calculated at the rate prescribed in Schedule 5 item 12 for a period of 3 months on one-half of the charge for the year.

(c) These options do not apply where payment of any amount due and payable to the Authority in relation to any water service in respect of the land concerned is outstanding.

(d) The Authority may, after having regard to the circumstances in a particular case, allow a person to elect to pay an account in accordance with the options provided without the requirement for the appropriate amount to be paid on or before 31 July.

(e) Where:

(i) a charge is for a period less than a full year; or

(ii) an account for a charge is given after 31 July in the year to which the charge relates,

the charge is due in full 30 days after the date of the account for the charges. 

(2)     Unless special payment arrangements have been made, accounts for water consumption charges are due in full 30 days after the date of the account for the charges. 

9.         Non-payment

(1)     A reminder notice will be sent to the owner of the property 60 days after the due date advising that payment should be made within 14 days to avoid restriction action.

(2)     Where payment is not received by the specified date, a notice of restriction action will be delivered to the property advising that restriction action will be carried out on a date specified n the notice (normally within 7 days) unless payment is made by that date. 

(3)       Failure to make payment in accordance with the notice specified in subsection (2) will result in the restriction of water supply to the property until such time as payment is made or suitable arrangements for paying the account (including the fee for removal of the restrictor device) are made.

(4)     The Authority will agree to make special payment arrangements for payment of accounts where consumers are experiencing difficulties meeting due dates and notify the Authority of the difficulties before the due date.

10.       Revocation

Any previous Determination is revoked.

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SCHEDULE 1 – FIXED CHARGES FOR WATER

Note:  Additional connections will be charged at the same rates as above.

SCHEDULE 2 – FIXED CHARGES FOR SEWERAGE

SCHEDULE 3 – WATER CONSUMPTION CHARGES

SCHEDULE 4 – BUILDING APPLICATION FEES

SCHEDULE 5 – OTHER FEES, DISCOUNTS, INTEREST RATES AND ADDITIONAL CHARGES

SCHEDULE 6 — HEADWORKS CONTRIBUTIONS

Headwork’s contributions will be payable for building developments, subdivisional developments and upgrading of existing water and wastewater services in accordance with the current charges as adopted by the Water Corporation of Western Australia.  Details of these existing contributions will be provided on request.