{"id":"F2016L01124","name":"Cocos (Keeling) Islands Utilities and Services (Water, Sewerage and Building Application Services Fees) Determination 2016","slug":"cocos-keeling-islands-utilities-and-services-water-sewerage-and-building-application-services-fees-d","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":129378,"registerId":"commonwealth-F2016L01124-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This is the Cocos (Keeling) Islands Utilities and Services (Water, Sewerage and Building Application Services Fees) Determination 2016.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under paragraph 7(2)(a) of the Cocos (Keeling) Islands Utilities and Services Ordinance 2016.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this instrument:\n\n> area associated with a dwelling has the same meaning as in subsection 3(1) of the Water Services Act 2012 (WA) (CKI).\n\n> charitable purposes land: see subsection 5(8).\n\n> commercial land: see subsection 5(3).\n\n> commercial/residential land: see subsection 5(2A).\n\n> discharge factor, for a property: see clause 3 of Schedule 3.\n\n> dwelling has the same meaning as in subsection 3(1) of the Water Services Act 2012 (WA) (CKI).\n\n> eligible pensioner has the same meaning as in subsection 3(1) of the Rates and Charges (Rebates and Deferments) Act 1992 (WA) (CKI).\n\n> eligible senior has the same meaning as in subsection 3(1) of the Rates and Charges (Rebates and Deferments) Act 1992 (WA) (CKI).\n\n> fire service means a water supply connection provided for fire‑fighting purposes.\n\n> government land: see subsection 5(6).\n\n> gross rental value, of land, has the same meaning as in subsection 4(1) of the Valuation of Land Act 1978 (WA) (CKI).\n\n> holiday accommodation, of an owner or occupier, means accommodation that is:\n\n    (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\n    (b) not held out, or made available, substantially:\n    (i) by way of trade or business; or\n    (ii) for the purpose of any trade or business.\n\n> industrial land: see subsection 5(4).\n\n> institutional/public land: see subsection 5(7).\n\n> local government land: see subsection 5(9).\n\n> major fixture means any of the following:\n\n    (a) a water closet;\n    (b) each urinal outlet contained within a floor‑mounted urinal;\n    (c) each stand of wall‑hung urinals contained within a separate ablution area;\n    (d) a pan washer.\n\n> multi‑residential dwelling means a building or structure that consists of 2 or more separate dwellings.\n\n> 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.\n\n> owner, in relation to land, has the same meaning as in section 1.4 of the Local Government Act 1995 (WA) (CKI).\n\n> 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.\n\n> residential land: see subsection 5(2).\n\n> vacant land: see subsection 5(5).","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Categories of land","content":"#### 5 Categories of land\n\n  (1) This section defines categories of land for the purposes of this instrument.\n  (2) Land is residential land if:\n    (a) the land is used wholly or primarily for the purpose of providing a residence for one or more of the following:\n    (i) the owner or occupier of the land;\n    (ii) the family of the owner or occupier of the land;\n    (iii) the employees of the owner or occupier of the land; and\n    (b) the land is not used, in whole or in part, for the purpose of providing holiday accommodation.\n  (2A) Land is commercial/residential land if:\n    (a) the land is used, but not wholly or primarily, for the purpose mentioned in paragraph (2)(a); and\n    (b) the land is used for one or more of the following purposes:\n    (i) a shop;\n    (ii) a workshop;\n    (iii) an office;\n    (iv) a bakery;\n    (v) a surgery;\n    (vi) any other business purpose.\n  (3) Land is commercial land if:\n    (a) the land is used for one or more of the following purposes:\n    (i) conducting a business;\n    (ii) the practice of a profession;\n    (iii) holiday accommodation;\n    (iv) any other commercial purpose; and\n    (b) the land is not used for any other purpose mentioned in this section.\n  (4) Land is industrial land if:\n    (a) the land is used for manufacturing or processing; and\n    (b) the manufacturing or processing cannot be conducted without the use of water; and\n    (c) the land is not used for any other purpose mentioned in this section.\n  (5) Land is vacant land if:\n    (a) there is no building on the land; and\n    (b) the land is not used for any other purpose mentioned in this section.\n  (6) Land is government land if:\n    (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\n    (b) the land is not used for any other purpose mentioned in this section.\n  (7) Land is institutional/public land if:\n    (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\n    (b) the land is not used for any other purpose mentioned in this section.\n  (8) Land is charitable purposes land if the land is used for one of the following purposes:\n    (a) providing relief or assistance to persons who are sick, aged, disadvantaged, unemployed or young;\n    (b) the conduct of activities:\n    (i) by a private organisation that is not operated for the purpose of profit or gain to individual members, shareholders or owners; and\n    (ii) for the benefit of the public or in the interests of social welfare.\n  (9) Land is local government land if:\n    (a) the land is used by a local government for business or office purposes; and\n    (b) the land is not used for any other purpose mentioned in this section.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Fees","content":"## Part 2—Fees","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Fees","content":"#### 6 Fees\n\n  Determination of fees that may be charged for the supply of services\n  (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 a financial year.\n  (2) The fees determined by this instrument apply from and including 1 July 2025.\n  (3) The fees that may be charged are the following:\n    (a) fixed fees for the supply of water services as set out in Schedule 1;\n    (b) fixed fees for the supply of sewerage services as set out in Schedule 2;\n    (c) quantity fees for the supply of water and sewerage services as set out in Schedule 3;\n    (d) fees for the supply of other water and sewerage services as set out in Schedule 4;\n  (e) fees for the supply of building application services that relate to water and sewerage services as set out in Schedule 5.\n\n> Note: Other fees for the supply of utilities or services may be payable under an applied law. For example, fees for infrastructure contributions are payable under the Water Services Act 2012 (WA) (CKI).\n\n  (3A) Despite paragraph (3)(a), if, in relation to particular land, the Administrator agrees, in writing, with the owner or occupier of the land on an amount of fixed fees for the supply of water services that is lower than the amount of fixed fees for the land as set out in Schedule 1, the amount of fixed fees for the supply of water services for the land is determined to be the amount agreed.\n  (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.\n  (4A) The amount agreed under subsection (3A) or (4) may be a nil amount.\n  (4B) The Administrator may arrange for an agreement mentioned in subsection (3A) or (4) to be published on the Department’s website.\n  Method of charging fees—notice to owner or occupier of land\n  (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:\n    (a) to which the service is supplied (for a service mentioned in any of Schedules 1 to 4); or\n    (b) to which the service relates (for a service mentioned in Schedule 5).\n\n> Note: The fee must also be notified in the Gazette—see section 8 of the Cocos (Keeling) Islands Utilities and Services Ordinance 2016.\n\n  (6) The notice must specify:\n    (a) the amount of the fee payable; and\n    (b) the day by which the fee must be paid.\n  (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.\n  Liability to pay fee and payment of fee\n  (8) If the Administrator sends the notice under subsection (5) to the owner or occupier:\n    (a) the owner or occupier is liable to pay the fee specified in the notice; and\n    (b) the fee is payable to the Administrator on behalf of the Commonwealth.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Concessions for eligible pensioners and eligible seniors","content":"#### 7 Concessions for eligible pensioners and eligible seniors\n\n  Fixed fees for water or sewerage services—eligible pensioners\n  (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:\n    (a) the pensioner is the owner and occupier of residential land; and\n    (b) the fee applies in relation to the land.\n  Quantity fees for water and sewerage services—eligible pensioners\n  (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:\n    (a) the pensioner is the occupier of residential land; and\n    (b) the fee applies in relation to the land.\n  Fixed fees for water or sewerage services—eligible seniors\n  (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:\n    (a) the senior is the owner and occupier of residential land; and\n    (b) the fee applies in relation to the land.\n  Definitions\n  (4) In this section:\n\n> pensioner rate means a fee mentioned in Schedule 1, 2 or 3, reduced by 50%.\n\n> senior rate means a fee mentioned in Schedule 1 or 2, reduced by 25%.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Payment of fees","content":"#### 8 Payment of fees\n\n  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).","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"When a fee is not paid","content":"#### 9 When a fee is not paid\n\n  (1) This section applies if:\n    (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\n    (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\n    (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.\n  (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.\n  (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.\n  (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.\n  (5) The period mentioned in subsection (4) must not be less than 7 days.\n  (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:\n    (a) the owner or occupier has paid:\n    (i) the fee; and\n    (ii) if the Administrator charges a fee for restoring the service after the restriction—that fee; or\n    (b) a special payment arrangement under section 10 is in force between the Administrator and the owner or occupier in relation to the fee.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Special payment arrangements","content":"#### 10 Special payment arrangements\n\n  (1) The Administrator may agree, in writing, to a special payment arrangement with an owner or occupier of land if:\n    (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\n    (b) the owner or occupier notifies the Administrator of the difficulties.\n  (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.","sortOrder":10},{"sectionNumber":"2","sectionType":"section","heading":"Calculation of kilolitres of water used—quantity fee for discharge to sewer for commercial, government or industrial land","content":"#### 2 Calculation of kilolitres of water used—quantity fee for discharge to sewer for commercial, government or industrial land\n\n  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:\n  ![Start formula Number of kilolitres assessed by the Authority as having been used by the owner or occupier of the property in the period times The property's discharge factor end formula](image.002.png)","sortOrder":14}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a fee-setting instrument under the Cocos (Keeling) Islands Utilities and Services Ordinance 2016. The scope covers water services, sewerage services, and building application services related to these utilities, which aligns with the instrument's title and enabling provision. While the fee schedules are detailed, they represent standard regulatory content for a utilities pricing determination rather than scope creep."},"complexity_factors":["Multiple fee schedules across 5 separate schedules with different calculation methods (fixed, quantity-based, per-fixture, percentage of rental value)","9 distinct land categories with overlapping definitions and exclusion clauses (each category explicitly excludes use for 'any other purpose mentioned in this section')","Extensive cross-referencing to Western Australian legislation applied to the Cocos (Keeling) Islands (e.g., Water Services Act 2012 (WA) (CKI), Local Government Act 1995 (WA) (CKI))","Nested conditional logic for concessions: pensioner/senior status + owner-occupier requirement + residential land category + specific schedule applicability","Tiered pricing structures with multiple thresholds (e.g., residential water usage has 4 pricing tiers from 0-350kL, 351-500kL, 501-750kL, and over 750kL)","Mathematical formula for calculating sewerage discharge fees involving assessed water usage multiplied by a discharge factor (default 95%, but negotiable)","Multiple administrative discretion points allowing the Administrator to agree to lower fees in writing (subsections 6(3A), 6(4), and clause 3 of Schedule 3)","Complex enforcement pathway with multiple notice stages (initial notice → reminder notice after 14 days → restriction notice with 7+ day period → actual restriction → restoration fee)"],"plain_english_summary":"This instrument sets the fees, concessions, and payment rules for water, sewerage and related building services on the Cocos (Keeling) Islands, affecting property owners, occupiers, businesses, agencies and eligible pensioners/seniors. It defines land categories, fixed and usage-based charges, concessions and hardship arrangements, and enforcement steps for non‑payment. It matters because it funds local utility services, protects vulnerable residents, and uses tiered pricing to encourage scarce freshwater conservation."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument confines itself to setting fees, concessions, payment procedures and enforcement for CKI water, sewerage and related building‑application services (see s 6 and Schedules 1–5). It does not introduce new regulatory powers beyond fee determination, billing, payment arrangements and service restriction mechanisms provided in the text."},"complexity_factors":["Multiple fee types and tiers across five schedules (fixed, quantity, other services, building applications) with differing bases (Schedules 1–5; s 6(3)).","Detailed land‑category definitions and use‑based classification rules that determine fee treatment (s 4; s 5).","Tiered quantity charges and step rates with volume bands and special calculations (Schedule 3; clause 2 formula; clause 3 discharge factor).","Concession mechanics that alter fees by percentage for eligible pensioners and seniors (s 7).","Administrator discretion to agree lower or nil fees and to publish agreements (ss 6(3A), 6(4), 6(4A), 6(4B)), introducing bilateral negotiation complexity.","Enforcement and recovery pathway combining statutory notice periods, reminder and restriction notices, and allowable restoration charges (ss 6(5)–(8), 9, 10).","Use of quoted contractor costs for many services (Schedule 4) creates variable pricing and reliance on third‑party quotes.","Cross‑references to other applied laws for some charges and valuation bases (notes referencing Water Services Act 2012 (WA) (CKI), Valuation of Land Act 1978 (WA) (CKI)).","Administrative burdens: notice timing, minimum periods for payment and restriction notices, meter testing and bespoke calculations require recordkeeping and operational capacity (ss 6(6)–(7), Schedule 4 items 5–7)."],"plain_english_summary":"This instrument fixes the fees and payment rules for water, sewerage and related building‑application services on the Cocos (Keeling) Islands from 1 July 2025. It sets fixed, quantity and ad hoc fees, pensioner/senior concessional rates, notice and payment timelines, and enforcement including restriction of supply for unpaid accounts.\n\nOwners or occupiers pay on notice (ss 6(5), 8). The Administrator sets and may agree lower fees or publish agreements, and may offer special payment arrangements or restrict services for non‑payment (ss 6(3A),(4),(4B), 9, 10)."}},"importantCases":[],"_links":{"self":"/api/acts/cocos-keeling-islands-utilities-and-services-water-sewerage-and-building-application-services-fees-d","history":"/api/acts/cocos-keeling-islands-utilities-and-services-water-sewerage-and-building-application-services-fees-d/history","analysis":"/api/acts/cocos-keeling-islands-utilities-and-services-water-sewerage-and-building-application-services-fees-d/analysis","conflicts":"/api/acts/cocos-keeling-islands-utilities-and-services-water-sewerage-and-building-application-services-fees-d/conflicts","importantCases":"/api/acts/cocos-keeling-islands-utilities-and-services-water-sewerage-and-building-application-services-fees-d/important-cases","documents":"/api/acts/cocos-keeling-islands-utilities-and-services-water-sewerage-and-building-application-services-fees-d/documents"}}