Cocos (Keeling) Islands Utilities and Services (Water, Sewerage and Building Application Services Fees) Determination 2016

I, Barry Haase, Administrator of the Territory of Cocos (Keeling) Islands, make the following determination.

Dated 30 June 2016

Barry Haase

Administrator of the Territory of Cocos (Keeling) Islands

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

5 Categories of land

Part 2—Fees

6 Fees

7 Concessions for eligible pensioners and eligible seniors

8 Payment of fees

9 When a fee is not paid

10 Special payment arrangements

Schedule 1—Fixed fees for the supply of water services

1 Fixed fees for the supply of water services

Schedule 2—Fixed fees for the supply of sewerage services

1 Fixed fees for the supply of sewerage services

Schedule 3—Quantity fees for the supply of water and sewerage services

1 Quantity fees for the supply of water and sewerage services

2 Calculation of kilolitres of water used—quantity fee for discharge to sewer for commercial, government or industrial land

3 Discharge factor

Schedule 4—Fees for the supply of other water and sewerage services

1 Fees for the supply of other water and sewerage services

Schedule 5—Fees for the supply of building application services that relate to water and sewerage services

1 Fees for the supply of building application services that relate to water and sewerage services

Part 1—Preliminary

1  Name

  This is the Cocos (Keeling) Islands Utilities and Services (Water, Sewerage and Building Application Services Fees) Determination 2016.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under paragraph 7(2)(a) of the Cocos (Keeling) Islands Utilities and Services Ordinance 2016.

4  Definitions

  In this instrument:

charitable purposes land: see subsection 5(8).

commercial land: see subsection 5(3).

discharge factor, for a property: see clause 3 of Schedule 3.

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

eligible senior 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.

government land: see subsection 5(6).

gross rental value, of land, has the same meaning as in subsection 4(1) of the Valuation of Land Act 1978 (WA) (CKI).

holiday accommodation, of an owner or occupier, means accommodation that is:

 (a) held out as being available, or 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:

 (i) by way of trade or business; or

 (ii) for the purpose of any trade or business.

industrial land: see subsection 5(4).

institutional/public land: see subsection 5(7).

local government land: see subsection 5(9).

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, in relation to land, 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, in relation to land, has the same meaning as in section 1.4 of the Local Government Act 1995 (WA) (CKI).

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.

residential land: see subsection 5(2).

vacant land: see subsection 5(5).

5  Categories of land

 (1) This section defines categories of land for the purposes of this instrument.

 (2) Land is residential land if:

 (a) the land is used wholly or primarily for the purpose of providing a residence for one or more of the following:

 (i) the owner or occupier of the land;

 (ii) the family of the owner or occupier of the land;

 (iii) the employees of the owner or occupier of the land; and

 (b) the land is not used, in whole or in part, for the purpose of providing holiday accommodation.

 (3) Land is commercial land if:

 (a) the land is used for one or more 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.

 (4) 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.

 (5) 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.

 (6) 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.

 (7) Land is institutional/public land if:

 (a) the land is used for a club, institutional or public purpose that has been approved by the Administrator by notice in writing given to the owner or occupier of the land; and

 (b) the land is not used for any other purpose mentioned in this section.

 (8) Land is charitable purposes land if 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) the conduct of activities:

 (i) by a private organisation that is not operated for the purpose of profit or gain to individual members, shareholders or owners; and

 (ii) for the benefit of the public or in the interests of social welfare.

 (9) 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.

Part 2—Fees

6  Fees

Determination of fees that may be charged for the supply of services

 (1) This instrument determines fees that may be charged for the supply of water and sewerage services, and the supply of building application services that relate to water and sewerage services, for the financial year commencing on 1 July 2016.

 (2) The fees determined by this instrument apply from and including 1 July 2016.

 (3) The fees that may be charged are the following:

 (a) fixed fees for the supply of water services as set out in Schedule 1;

 (b) fixed fees for the supply of sewerage services as set out in Schedule 2;

 (c) quantity fees for the supply of water and sewerage services as set out in Schedule 3;

 (d) fees for the supply of other water and sewerage services as set out in Schedule 4;

 (e) fees for the supply of building application services that relate to water and sewerage services as set out in Schedule 5.

 (4) Despite paragraph (3)(c), if, in relation to particular land, the Administrator agrees, in writing, with the owner or occupier of the land on an amount of quantity fees that is lower than the amount of quantity fees for the land as set out in Schedule 3, the amount of quantity fees for the land is determined to be the amount agreed.

Method of charging fees—notice to owner or occupier of land

 (5) If the Administrator charges a fee for the supply of a service mentioned in this instrument, the Administrator must do so by sending a notice to the owner or occupier of the land:

 (a) to which the service is supplied (for a service mentioned in any of Schedules 1 to 4); or

 (b) to which the service relates (for a service mentioned in Schedule 5).

Note: The fee must also be notified in the Gazette—see section 8 of the Cocos (Keeling) Islands Utilities and Services Ordinance 2016.

 (6) The notice must specify:

 (a) the amount of the fee payable; and

 (b) the day by which the fee must be paid.

 (7) The day specified in the notice must be at least 16 days after the day the notice is sent to the owner or occupier.

Liability to pay fee and payment of fee

 (8) If the Administrator sends the notice under subsection (5) to the owner or occupier:

 (a) the owner or occupier is liable to pay the fee specified in the notice; and

 (b) the fee is payable to the Administrator on behalf of the Commonwealth.

7  Concessions for eligible pensioners and eligible seniors

Fixed fees for water or sewerage services—eligible pensioners

 (1) Despite paragraphs 6(3)(a) and (b), an eligible pensioner may pay a fee mentioned in Schedule 1 or 2 at the pensioner rate if:

 (a) the pensioner is the owner and occupier of residential land; and

 (b) the fee applies in relation to the land.

Quantity fees for water and sewerage services—eligible pensioners

 (2) Despite paragraph 6(3)(c), an eligible pensioner may pay a fee mentioned in Schedule 3 at the pensioner rate, for up to 600 kilolitres of water used, if:

 (a) the pensioner is the occupier of residential land; and

 (b) the fee applies in relation to the land.

Fixed fees for water or sewerage services—eligible seniors

 (3) Despite paragraphs 6(3)(a) and (b), an eligible senior may pay a fee mentioned in Schedule 1 or 2 at the senior rate if:

 (a) the senior is the owner and occupier of residential land; and

 (b) the fee applies in relation to the land.

Definitions

 (4) In this section:

pensioner rate means a fee mentioned in Schedule 1, 2 or 3, reduced by 50%.

senior rate means a fee mentioned in Schedule 1 or 2, reduced by 25%.

8  Payment of fees

  Subject to section 10, a fee that applies to an owner or occupier of land in accordance with this instrument is due for payment on or before the day specified in a notice under subsection 6(5).

9  When a fee is not paid

 (1) This section applies if:

 (a) an owner or occupier of land has not paid a fee for the supply of a service to, or in relation to, the land, in accordance with a notice under subsection 6(5); and

 (b) at least 14 days have elapsed after the day specified in the notice as the day by which the fee must be paid; and

 (c) a special payment arrangement under section 10 is not in force between the Administrator and the owner or occupier in relation to the fee.

 (2) The Administrator must send a reminder notice to the owner or occupier advising the owner or occupier that the Administrator may restrict access to the service if the fee is not paid within 10 days of the date of the reminder notice.

 (3) If the fee is not paid within 10 days of the date of the reminder notice, the Administrator may send the owner or occupier a notice to restrict.

 (4) The notice to restrict must tell the owner or occupier that, unless the fee is paid within the period stated in the notice to restrict, action may be taken to restrict access to the service.

 (5) The period mentioned in subsection (4) must not be less than 7 days.

 (6) If the owner or occupier does not pay the fee within the period stated in the notice to restrict, the Administrator may restrict the supply of the service to the land until:

 (a) the owner or occupier has paid:

 (i) the fee; and

 (ii) if the Administrator charges a fee for restoring the service after the restriction—that fee; or

 (b) a special payment arrangement under section 10 is in force between the Administrator and the owner or occupier in relation to the fee.

10  Special payment arrangements

 (1) The Administrator may agree, in writing, to a special payment arrangement with an owner or occupier of land if:

 (a) the owner or occupier is experiencing difficulties in paying a fee mentioned in this instrument for the supply of a service to, or in relation to, the land; and

 (b) the owner or occupier notifies the Administrator of the difficulties.

 (2) If a special payment arrangement under this section is in force between the Administrator and the owner or occupier in relation to a fee, the fee is due for payment in accordance with the arrangement.

Schedule 1—Fixed fees for the supply of water services

Note: See paragraph 6(3)(a).

1  Fixed fees for the supply of water services

 (1) The table in this clause sets out fixed fees for the supply of water services.

Note: An eligible pensioner or eligible senior may pay a fee at a reduced rate—see subsections 7(1) and (3).

 (2) If an additional water service is required, the fees mentioned in the table also apply to that additional service.

Schedule 2—Fixed fees for the supply of sewerage services

Note: See paragraph 6(3)(b).

1  Fixed fees for the supply of sewerage services

  The table in this clause sets out fixed fees for the supply of sewerage services.

Note: An eligible pensioner or eligible senior may pay a fee at a reduced rate—see subsections 7(1) and (3).

Schedule 3—Quantity fees for the supply of water and sewerage services

Note: See paragraph 6(3)(c).

1  Quantity fees for the supply of water and sewerage services

  The table in this clause sets out quantity fees for the supply of water and sewerage services.

Note: An eligible pensioner may pay a fee at a reduced rate—see subsection 7(2).

2  Calculation of kilolitres of water used—quantity fee for discharge to sewer for commercial, government or industrial land

  For item 5 of the table in clause 1, the number of kilolitres of water used in a period for a property is worked out using the following formula:

3  Discharge factor

  The discharge factor, for calculating the number of kilolitres of water used in a period for a property, is the following percentage of the water supplied to the property in the period:

 (a) if paragraph (b) does not apply—95%;

 (b) if the Administrator agrees, in writing, with the owner or occupier of the property on a percentage that is lower than 95%—the agreed percentage.

Schedule 4—Fees for the supply of other water and sewerage services

Note: See paragraph 6(3)(d).

1  Fees for the supply of other water and sewerage services

 (1) The table in this clause sets out fees for the supply of water and sewerage services other than those mentioned in Schedules 1 to 3.

 (2) In the table:

actual cost, for a meter test, is the cost incurred in removing the meter and sending it for testing.

quoted cost, for a service, means the cost quoted by a contractor engaged to perform the service.

Schedule 5—Fees for the supply of building application services that relate to water and sewerage services

Note: See paragraph 6(3)(e).

1  Fees for the supply of building application services that relate to water and sewerage services

  The table in this clause sets out fees for the supply of building application services that relate to water and sewerage services.