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

The Determination is built around a small set of concepts that determine how much a consumer or owner pays, who pays, and how usage is measured. These concepts are explicit in the instrument and determine the allocation of cost.

Categories of land and use. The instrument defines categories by reference to use. Residential land is land used wholly or primarily for a residence for owner, family or employees and not used substantially for holiday accommodation, see s 5(2). Commercial/residential land is mixed use that is not primarily residential and includes shops, offices, bakeries and similar, see s 5(2A). Commercial land covers business, professions, holiday accommodation or other commercial purposes, see s 5(3). Industrial land is land used for manufacturing or processing where water is necessary, see s 5(4). Vacant, government, institutional/public, charitable and local government land are separately defined, see s 5(5) to (9). The definitions are operational: the Administrator will apply them to determine fee category; the text does not establish an appeal mechanism within the instrument itself.

Fixed fees vs quantity fees. The instrument splits charges between fixed annual fees and quantity fees measured per kilolitre. Fixed fees appear in Schedules 1 (water) and 2 (sewerage); quantity fees are in Schedule 3 and are generally charged per kilolitre of water used. For sewerage on residential land the fixed fee is expressed as a rate in the dollar of gross rental value with a minimum and maximum annual fee, Schedule 2 cl 1(a) to (c). The gross rental value concept is imported from the Valuation of Land Act 1978 (WA) (CKI), see s 4 definition.

Metering, discharge factor and assessed use. Quantity charging depends on measured water use where meters exist. For commercial/govt/industrial land discharging to sewer, assessed kilolitres are calculated using the number of kilolitres assessed by the Authority multiplied by the property discharge factor, see Schedule 3 cl 2 and cl 3. The discharge factor defaults to 95 per cent, unless the Administrator agrees a lower percentage in writing, Schedule 3 cl 3. This mechanism translates measured supply to assumed sewer discharge for charging.

Administrator discretion and agreements. The Administrator has explicit discretion to agree lower fixed fees or quantity fees in writing for particular land, and may make such agreed amounts nil, see s 6(3A), (4) and (4A). The Administrator may publish these agreements on the Department’s website, s 6(4B). For non-payment the Administrator must follow specified procedural steps before restricting supply, but otherwise has the power to restrict, see s 9.

Concessions and eligibility. Pensioners and seniors can receive reduced fees under tightly defined conditions. Eligible pensioners may pay Schedule 1 or 2 fees at a 50 per cent pensioner rate if they are owner and occupier of residential land, s 7(1). Pensioners may also receive the pensioner rate for quantity fees up to 600 kL if occupier of residential land, s 7(2). Eligible seniors may pay fixed water or sewerage fees at a 25 per cent reduction if owner and occupier of residential land, s 7(3). The definitions of eligible pensioner and eligible senior are adopted from the Rates and Charges (Rebates and Deferments) Act 1992 (WA) (CKI), s 4.

Enforcement and relief. The instrument sets a structured notice path prior to restriction of supply, including a reminder notice, a notice to restrict, and minimum waiting periods (s 9(1) to (5)). Restoration of service after restriction is charged at fixed rates depending on time, Schedule 4 item 8. The Administrator may enter a special payment arrangement on written agreement if the owner or occupier notifies difficulty, s 10.

Fees for other services and building applications. Many operational services are charged as quoted contractor cost, defined as the contractor’s quoted cost, Schedule 4 cl 1(2). Building application fees that relate to s 82 of the Water Services Act (construction or alteration notices) are fixed in Schedule 5 and vary by building type; Schedule 5 cl 2 defines sewered land for one of those fees.

The instrument allocates liability and administrative interaction principally to owners and occupiers of land on the Cocos (Keeling) Islands, and to the Administrator as the charging and enforcement authority.

Liability and notice recipients. Fees must be charged by notice to the owner or occupier of the land to which the service is supplied (Schedules 1 to 4) or to which the building application service relates (Schedule 5), s 6(5)(a) and (b). Where the Administrator sends such a notice, the owner or occupier to whom it is sent is liable to pay the fee, and the fee is payable to the Administrator on behalf of the Commonwealth, s 6(8). The practical consequence is that who receives the notice determines who is legally liable under this instrument. The instrument therefore affects billing arrangements and may require administrators to decide whether to address owners or occupiers, which has practical consequences for collections and for owners who rent properties.

Residential owner-occupiers. Residential owner-occupiers who are eligible pensioners or eligible seniors may receive reduced fixed fees: pensioners are eligible for a 50 per cent reduction of Schedule 1, 2 or 3 fees (within limits) if they are both owner and occupier of residential land, s 7(1) to (2) and s 7(4) definition of pensioner rate; seniors qualify for a 25 per cent reduction of fixed Schedule 1 and 2 fees if owner and occupier, s 7(3) and s 7(4) definition of senior rate. The instrument therefore affects the cashflows of owner-occupier households that meet the eligibility criteria referenced to the Rates and Charges (Rebates and Deferments) Act 1992 (WA) (CKI), s 4.

Occupiers who are not owners. For quantity fees the recipient of the notice can be the occupier (s 6(5)); Schedule 3 also contemplates occupiers as the relevant user for quantity fee application. Eligible pensioners must be occupiers of residential land to receive the pensioner quantity concession up to 600 kL, s 7(2). Thus tenants who qualify may be aimed at for relief, subject to the Administrator sending notices to occupiers.

Commercial and industrial users. Businesses, government facilities, and industrial users are affected by Schedule 1 and Schedule 3 tiered or meter-size differentiated charges. For example, fixed water fees for commercial and industrial land vary by meter size from $315.50 for small meters to $17,747.49 for the largest meters, Schedule 1 item 2. Quantity fees for commercial land are higher and use different block thresholds, Schedule 3 item 2 and item 5. Commercial users that discharge to sewer are affected by the discharge allowance and the 200 kL allowance in Schedule 3 item 6.

Local government, institutional and charitable bodies. Institutional/public land, charitable purposes land, and local government land are treated specially in Schedules 1 to 4. Schedule 1 item 3 sets water fixed fees for institutional/public and charitable land at nil. Schedule 2 sets sewerage fees for such land at specified lower major fixture fees, Schedule 2 cl 4. Quantity fees for institutional/public and charitable land are set at $3.012 per kL in Schedule 3 item 4. These provisions affect bodies whose classification meets the definitions in s 5(7) and s 5(8), and require Administrator approval in some cases for the institutional/public designation, s 5(7)(a).

Owners or occupiers seeking Administrator concessions. The Administrator is the decision maker for agreeing lower fixed or quantity fees for particular land, see s 6(3A) and (4). The Administrator also decides whether to accept a lower discharge factor for sewer charging, Schedule 3 cl 3(b), and whether to enter a special payment arrangement for someone experiencing payment difficulty, s 10(1). The Administrator can publish agreed outcomes, s 6(4B). Therefore owners and occupiers who request concessions or special payment arrangements will interact directly with the Administrator.

Contractors. Several services are to be charged at quoted contractor cost, Schedule 4 cl 1(2). Contractors engaged to perform relocation, disconnection/reconnection, installation, meter tests for meters over 25 mm in some instances, sewer connection and installation of sewer junctions will supply the quoted costs that set the fee charged to the consumer.

The Commonwealth as recipient. The fees are payable to the Administrator on behalf of the Commonwealth, s 6(8). The instrument therefore transmits revenue to the Commonwealth (via the Administrator) rather than to a separate local utility company, and affects Commonwealth cashflow by setting recoverable fees.

This instrument creates specific duties for the Administrator, and specific liabilities and rights for owners, occupiers, eligible pensioners and eligible seniors, contractors and property categories. Duties and rights are expressed in operational terms.

Administrator duties and discretions. The Administrator must send a notice to the owner or occupier specifying the fee and the payment day when charging a fee, s 6(5) to (6). The notice day must be at least 16 days after the notice is sent, s 6(7). If the Administrator charges a fee and sends the notice to the owner or occupier, that person is liable to pay, s 6(8). The Administrator must follow the reminder and notice-to-restrict process before restricting service where an owner or occupier has not paid and a special payment arrangement is not in force, s 9(1) to (5). After those steps the Administrator may restrict supply until the fee and any restoration fee are paid, s 9(6). The Administrator may agree to special payment arrangements if an owner or occupier notifies difficulty paying, s 10(1). The Administrator may, in writing, agree lower fixed fees or quantity fees for particular land, s 6(3A) and (4), and publish such agreements, s 6(4B). The Administrator also determines discharge factors where agreed in writing under Schedule 3 cl 3(b).

Owner and occupier liabilities and rights. The person to whom a fee notice is sent is liable to pay the fee specified, and must pay by the day specified in the notice, s 6(6) to (8) and s 8. If they do not pay and no special payment arrangement is in force, the Administrator must send a reminder and may send a notice to restrict; after minimum waiting periods the Administrator may restrict supply, s 9. Owners and occupiers have the right to request a special payment arrangement, and if one is agreed the fee is due in accordance with that arrangement, s 10(1) to (2). Eligible pensioners and seniors have the right to reduced fees if they meet the instrument’s eligibility conditions, s 7.

Concession mechanics. Eligibility is not self-defined in this Determination; instead the instrument imports the meaning of eligible pensioner and eligible senior from the Rates and Charges (Rebates and Deferments) Act 1992 (WA) (CKI), s 4. To obtain the pensioner or senior rate the person must be owner and occupier for fixed fees, s 7(1) and (3). Pensioner quantity concessions for up to 600 kL apply where the pensioner is occupier of residential land, s 7(2). The percentage reductions are explicitly set: pensioner rate is a 50 per cent reduction of relevant Schedule fees, senior rate is a 25 per cent reduction of relevant fixed fees, s 7(4).

Meter and usage measurement duties. Where quantity fees apply they are charged per kilolitre of water used, Schedule 3 cl 1. For commercial/govt/industrial discharge to sewer, the number of kilolitres used for charging is calculated using a formula in Schedule 3 cl 2 which multiplies the kilolitres assessed by the Authority by the property discharge factor; the discharge factor is 95 per cent by default and may be reduced by agreement in writing, Schedule 3 cl 3.

Contractors’ quoted cost. For a number of operational services the fee is the “quoted cost” of a contractor engaged to perform the service, Schedule 4 cl 1(2). This imports a dependency on contractor pricing for services such as relocation of service, disconnection/reconnection, installation, sewer connection and sewer junction installation. Where the Administrator commissions a contractor the contractor’s quote will directly determine the fee charged.

Restoration, testing and service timings. Restoration after restriction is charged at fixed fees depending on time of day and day of week, Schedule 4 item 8. Special meter readings and advice of sale requests have fixed fees and timeframes, Schedule 4 items 5 and 6. Meter tests for 20 mm to 25 mm meters have a set fee; larger meters are at quoted cost, Schedule 4 item 7.

Rights to publication. The Administrator may arrange for an agreement to be published on the Department’s website where a lower fixed or quantity fee has been agreed, s 6(4B). This gives owners the option of publicising negotiated concessions, and gives interested third parties potential visibility of agreed rates.

The Determination sets administrative enforcement mechanics rather than criminal penalties. Enforcement is structured around billing notices, restriction of supply and fees for restoration.

Notice and warning mechanics. Before restriction of a service the Administrator must send a reminder notice after the fee is overdue by at least 14 days beyond the specified due date, s 9(1)(b) and (2). The reminder must advise that access may be restricted if the fee is not paid within 10 days of the reminder notice, s 9(2). If the fee is not paid within those 10 days the Administrator may send a notice to restrict, s 9(3). The notice to restrict must state that unless the fee is paid within the period stated, action may be taken to restrict the service, and that period must not be less than seven days, s 9(4) to (5). These procedural steps are prerequisites for restriction where a special payment arrangement under s 10 is not in force, s 9(1)(c).

Restriction of supply. If the owner or occupier fails to pay within the period stated in the notice to restrict and no special payment arrangement is in force, the Administrator may restrict supply to the land until the fee and any restoration fee are paid, or until a special payment arrangement is in force, s 9(6). Restriction is therefore the primary enforcement tool. The instrument does not specify methods of physical restriction, but sets the power to restrict supply as the available remedy.

Restoration fees. Restoration of service after restriction attracts a fee. Schedule 4 item 8 sets restoration fees at $241.90 where restoration occurs between 7 am and 4 pm any day except Saturday, Sunday or public holiday, and $384.39 for any other time not covered by item 8(a). The Administrator may therefore recover the cost of returning supply in addition to the outstanding fee, s 9(6)(a)(ii).

No criminal sanctions or interest specified. The instrument does not create criminal offences, does not set interest or late payment penalties beyond the restoration and other fees listed, and does not specify debt recovery actions such as recovery in court. Recovery of unpaid fees may therefore require separate process beyond the instrument. The instrument also does not set an express right to disconnect for non-payment without following the notice steps; the Administrator’s power is conditioned on those steps, s 9.

Contractor fees and quoted costs. For services where fees are “quoted cost” the Administrator is entitled to charge the contractor’s quoted price as the fee, Schedule 4 cl 1(2). This passes the cost of capital works directly through to the fee payer where the Administrator engages a contractor. The instrument does not prescribe a margin or cap on contractor quotes.

Publication and transparency. The Administrator may publish agreed lower fees on the Department’s website, s 6(4B). The instrument otherwise requires notices to owners or occupiers and the Gazette publication requirement is referenced in a note to s 6 (see note: fee must also be notified in the Gazette,see section 8 of the Cocos (Keeling) Islands Utilities and Services Ordinance 2016). The combination of private notices, optional web publication and Gazette publication are the instrument’s transparency mechanisms.

The Determination imports definitions and cross-references several applied laws and statutory concepts from Western Australian instruments adapted for Cocos (Keeling) Islands administration. These references affect calculation bases, eligibility tests and application of other charges.

Defined terms imported from WA Acts. The instrument explicitly takes meanings from the Water Services Act 2012 (WA) (CKI) for “area associated with a dwelling” and “dwelling,” see s 4. It also imports “eligible pensioner” and “eligible senior” from the Rates and Charges (Rebates and Deferments) Act 1992 (WA) (CKI), s 4, and “gross rental value” from the Valuation of Land Act 1978 (WA) (CKI), s 4. These imports mean that the Determination’s operation depends on those other statutes for interpretive content and eligibility thresholds; eligibility for concessions and the valuation base for sewerage fixed fees are therefore governed by other legislative rules and valuations authorities.

Interaction with the Water Services Act 2012 (WA) (CKI). Schedule 5 expressly deals with fees for building application services of dealing with a notice under section 82 of the Water Services Act 2012 (WA) (CKI) to construct or alter specified buildings or dwellings. The instrument therefore links building approval processes under the Water Services Act to fees set by this Determination. The Schedule 5 cl 2 definition of “sewered” for one building application fee depends on whether a wastewater inlet on the land is connected to sewer or could be connected if the owner or occupier chose to, which imports a factual connectivity criterion from the Water Services Act framework.

Applied law and infrastructure contributions. The instrument expressly notes that other fees for utilities or services may be payable under an applied law; for example, infrastructure contributions are payable under the Water Services Act 2012 (WA) (CKI), s 6 Note. This signals that this Determination does not cover infrastructure contribution charges and that developers or owners may face additional statutory charging regimes.

Valuation processes. Sewerage fixed fees for residential and vacant land in Schedule 2 are expressed as a rate in the dollar of gross rental value, Schedule 2 cl 1(a) and cl 3(a). Since gross rental value is defined in the Valuation of Land Act 1978 (WA) (CKI), the sewerage charge base depends on that valuation regime and any valuation adjustments under that Act.

Public law and administrative decision-making. The Administrator’s written agreements to reduce fees and to set discharge factors are administrative actions under this Determination, s 6(3A), (4) and Schedule 3 cl 3(b). These agreements may be subject to general public law constraints (procedural fairness, reasonableness) and administrative review mechanisms in other statutes or common law, but the Determination itself does not create an internal appeal mechanism; any challenge would rely on the usual administrative law remedies.

Local government and Commonwealth interfaces. The instrument treats local government land as a specific category, s 5(9), and provides special treatment for local government and for government land, s 5(6). Fees are payable to the Administrator on behalf of the Commonwealth, s 6(8), so Commonwealth financial processes and the Ordinance structure determine ultimate revenue handling. Coordination may therefore be necessary between local government, the Administrator and Commonwealth departments for categorisation and billing.

Contract law for quoted costs. Where the fee equals a contractor’s quoted cost, Schedule 4 cl 1(2), the contractual arrangements with third party contractors interact with the Determination’s charging scheme. Contractor selection, procurement rules and any procurement thresholds under other statutory regimes will affect the quoted costs that become consumer fees.

The instrument identifies itself as the Cocos (Keeling) Islands Utilities and Services (Water, Sewerage and Building Application Services Fees) Determination 2016, see s 1. Within the text provided there are no recorded amendments, schedules of prior rates, or later amending provisions included. The Determination is expressly made under paragraph 7(2)(a) of the Cocos (Keeling) Islands Utilities and Services Ordinance 2016, s 3. The fees set in the schedules are stated to apply from and including 1 July 2025, s 6(2), which indicates that the instrument remains in force or is being applied for the financial year beginning 1 July 2025 despite the 2016 instrument title.

The instrument contains internal notes that refer to other legislation and to the Gazette requirement under the Ordinance. For example, s 6 Note refers to infrastructure contribution fees under the Water Services Act 2012 (WA) (CKI), and s 6 also contains a Note that the fee must be notified in the Gazette,see section 8 of the Cocos (Keeling) Islands Utilities and Services Ordinance 2016. There are no explicit amendment clauses or expiry clauses within the text provided.

Where external amendment records are required for legal practice or compliance purposes, practitioners should check:

• the Federal Register of Legislation and the Ordinance for any amending Determinations, revocations, or reprints;
• whether the Administrator has issued written agreements under s 6(3A) or s 6(4) that alter the default schedule amounts for particular land, and whether those agreements have been published under s 6(4B);
• the Water Services Act 2012 (WA) (CKI) and the Valuation of Land Act 1978 (WA) (CKI) for any amendments that change definitions imported by s 4, which will change the practical application of rates and eligibility.

The instrument as provided does not contain a legislative history section, and no amending instruments are listed in the text supplied. For precise amendment history and any superseding Determinations, consult the Attorney‑General’s Department or the Federal Register of Legislation for the Cocos (Keeling) Islands Ordinances and Determinations.

The Determination text itself contains no references to cases, judicial review, or litigation. It does not cite decisions and it does not record any judicial outcomes concerning its provisions. The instrument imports definitions and eligibility criteria from Western Australian Acts adapted for CKI context, but it does not identify any litigation concerning those imported definitions.

Because the instrument creates administrative discretions,most notably the Administrator’s power to agree lower fees or special payment arrangements (s 6(3A), (4) and s 10),and enforcement mechanisms such as restriction of supply (s 9), potential litigation avenues for affected parties would be the usual administrative law routes outside the Determination, such as judicial review for jurisdictional error, failure to accord procedural fairness or unreasonableness in decision-making. The Determination itself does not set out appeal or review procedures.

Practitioners seeking to know whether this Determination has been the subject of litigation should:

• search administrative law databases and Federal Court records for judicial review proceedings challenging decisions made under the Cocos (Keeling) Islands Utilities and Services Ordinance 2016 or this Determination;
• consult the Federal Register of Legislation and the Administrator’s records for any contested decisions published or noted;
• review decisions involving the Water Services Act 2012 (WA) (CKI) for disputes that may indirectly affect how the Determination is applied, such as valuation disputes over gross rental value or classification disputes under s 5.

The instrument as supplied contains no litigation citations, and therefore there is no litigation history contained in the text to cite.

The instrument is precise in many respects but contains several practical pitfalls and points that require attention in administration, compliance, and advising clients.

Who is liable depends on who receives the notice. s 6(5) requires the Administrator to send a fee notice to the owner or occupier of the land to which the service is supplied or relates. s 6(8) then makes the owner or occupier to whom the notice is sent liable to pay the fee. This means that liability under this Determination turns on the Administrator’s choice of recipient, not on a blanket assignment to owner or occupier; practitioners should ensure that notices are correctly addressed and that clients understand liability flows from receipt of the notice.

Owner-occupier condition for concessions. The pensioner and senior concessions for fixed fees require that the pensioner or senior be both owner and occupier of residential land, s 7(1)(a) and (3)(a). For pensioners, the quantity fee concession of up to 600 kL applies where the pensioner is the occupier of residential land, s 7(2). The definitions of “eligible pensioner” and “eligible senior” are imported from the Rates and Charges (Rebates and Deferments) Act 1992 (WA) (CKI), s 4. Advising clients about concessions therefore requires checking eligibility under that separate Act.

Mixed-use classification uncertainty. The instrument’s land categories are defined by use, with a specific commercial/residential category for land used but not wholly or primarily for residential purposes and used for shops, workshops, offices etc, s 5(2A). In practice this can make classification difficult for mixed-use properties where allocation of use is contested; the Determination gives the Administrator the role of applying the category without prescribing an internal appeals mechanism. Advisers should document the factual basis for a classification and be prepared to explain use factors to the Administrator.

Default discharge factor and the practical impact. For commercial, government or industrial land discharging to sewer, the discharge factor defaults to 95 per cent of supply unless the Administrator agrees a lower percentage in writing, Schedule 3 cl 3. The assessed kilolitres are the Authority’s assessed kilolitres times the discharge factor, Schedule 3 cl 2. For high-volume users, the difference between 95 per cent and a lower agreed percentage materially affects bills. Applicants seeking a lower discharge factor must obtain an express written agreement from the Administrator.

Gross rental value dependency for sewerage charges. Residential sewerage fixed fees are expressed as a rate in the dollar of gross rental value with a minimum and maximum annual fee, Schedule 2 cl 1(a) to (c). Accurate valuation under the Valuation of Land Act 1978 (WA) (CKI) therefore directly affects the bill. Advisers should coordinate with valuation authorities to confirm GRV.

Quoted cost items pass contractor prices through to consumers. Many Schedule 4 items are charged at quoted cost, defined as the contractor’s quoted cost, Schedule 4 cl 1(2). This means the consumer may face market-priced construction or reconnection charges; procurement rules, contractor selection and market competitiveness will affect the fee. The Determination does not cap quoted cost fees.

Timing for notice and restriction. The Administrator must give at least 16 days between notice being sent and the due date, s 6(7). For late payment enforcement, the Administrator must wait at least 14 days after the due date before sending a reminder, s 9(1)(b), then allow 10 days after the reminder before sending a notice to restrict, s 9(2), and the notice to restrict must provide at least seven days before restriction, s 9(4) to (5). These timing rules create a minimum calendar window that should be modelled in billing systems to avoid unlawful restriction.

Restoration fees vary by time. Restoration is charged differentially by time in Schedule 4 item 8; weekend and after-hours restorations incur higher fees. Clients should be alerted that restoration of service can be more expensive if work is required outside standard hours.

Publication and confidentiality choices. The Administrator may publish agreements reducing fees on the Department’s website, s 6(4B). A party negotiating a lower fee should consider whether public disclosure of the agreed amount is desirable or whether confidentiality might affect willingness to agree.

Sewered definition for building application fee. Schedule 5 cl 2 defines sewered for one fee as land where a wastewater inlet is connected to a sewer or could be connected if the owner or occupier chose to do so. The “could be connected” test is factual and may require technical confirmation about the proximity and feasibility of a physical connection.

No explicit debt recovery or interest provisions. The Determination does not specify interest on unpaid amounts, garnishee power, or other debt recovery mechanisms; recovery beyond restriction may therefore require separate civil recovery processes.

Compliance requires a mixture of procedural diligence, record-keeping and engagement with the Administrator. Below are concrete steps for owners, occupiers, administrators, and advisers, grounded in the instrument’s text.

1. Classify the land correctly under s 5. Determine whether the land is residential, commercial/residential, commercial, industrial, vacant, government, institutional/public, charitable or local government land by applying the tests in s 5(2) to (9). Keep contemporaneous evidence of use (leases, business registration, advertising for holiday accommodation, planning approvals) because the fee schedules reference the land category to determine applicable charges.

2. Determine which fees apply from the Schedules. For fixed water fees consult Schedule 1, matching the item to the land category and meter size. For fixed sewerage fees consult Schedule 2; for residential sewerage calculate the charge using the gross rental value and apply the minimum and maximum annual amounts in Schedule 2 cl 1(a) to (c). For quantity fees consult Schedule 3, using the tiered blocks for residential consumption and the higher blocks for commercial uses. For other services and building application fees consult Schedules 4 and 5 respectively.

3. Verify meter size and readings. For fixed water charges that vary by meter size and for quantity charges you must know the meter size and readings. Record meter installations and any changes. For commercial operations track water meters and water use records; for commercial discharge to sewer use the calculation formula in Schedule 3 cl 2 and the discharge factor in cl 3. If seeking an agreed discharge factor lower than 95 per cent, obtain the Administrator’s written agreement as required by Schedule 3 cl 3(b).

4. Check concessions. If advising pensioners or seniors, verify eligibility under the Rates and Charges (Rebates and Deferments) Act 1992 (WA) (CKI), because s 7 imports those definitions. Confirm that eligible pensioners or seniors are owner and occupier where required for fixed fee concessions, s 7(1)(a) and (3)(a). For pensioner quantity concessions confirm occupancy and apply the 600 kL cap in s 7(2).

5. Prepare for billing mechanics and timing. The Administrator must send a fee notice specifying amount and due date, s 6(5) to (7). Ensure billing systems allow at least 16 days between notice and due date. If you are an owner or occupier expecting to be billed, ensure contact details with the Administrator are up to date to receive notices.

6. If unable to pay, seek a special payment arrangement promptly. s 10 requires an owner or occupier experiencing difficulty to notify the Administrator; the Administrator may agree in writing to a special payment arrangement, s 10(1). A special payment arrangement, when in force, prevents restriction under s 9(1)(c) and makes the fee due according to the arrangement, s 10(2).

7. If a fee is unpaid, follow the notice chain and preserve records. The Administrator must send a reminder notice at least 14 days after the specified due date, s 9(1)(b) and (2), and must give at least 10 days after the reminder before sending a notice to restrict, s 9(2). The notice to restrict must give at least seven days before restriction, s 9(4) to (5). If you receive a reminder or notice to restrict, preserve the notice and respond within the stated periods, either by paying, negotiating a special payment arrangement or disputing the amount.

8. For restoration or reconnection budgeting, account for the restoration fees in Schedule 4 item 8. If restoration is required between 7 am and 4 pm weekdays the fee is $241.90; outside those times the fee is $384.39. Ensure payments for restoration are made as required to have supply restored under s 9(6)(a)(ii).

9. For services quoted at contractor cost keep procurement and contractor quote records. Where Schedule 4 items call for “quoted cost” the fee is the contractor’s quoted price, Schedule 4 cl 1(2). Maintain procurement documentation, quotes, contractor invoices and any contract terms to justify the fee.

10. For building application work coordinate with the Water Services Act processes. Schedule 5 fees apply to dealing with notices under s 82 of the Water Services Act 2012 (WA) (CKI). For the item that depends on whether land is sewered, confirm whether the land’s wastewater inlet is connected or could be connected to a sewer, Schedule 5 cl 2.

11. Keep valuation records for sewerage charges. Where sewerage is charged as a rate in the dollar of gross rental value, ensure you can obtain and demonstrate the GRV used, Schedule 2 cl 1 and cl 3. Coordinate with the valuation authority under the Valuation of Land Act 1978 (WA) (CKI) if there is a dispute about valuation.

12. Consider publishing agreements if you negotiate lowered fees. The Administrator may arrange publication of agreements on the Department’s website, s 6(4B). If you negotiate a lower fee, decide with the Administrator whether publication is appropriate.

13. Maintain a compliance diary for dates. Because the instrument prescribes precise minimum days for notices and enforcement actions, use a tracking system to record notice issue dates, reminder periods and restriction windows to avoid inadvertent breach of the instrument’s procedural requirements.

14. Seek administrative review or legal advice where classification, valuation, or the Administrator’s discretion is contested. The Determination does not supply an internal appeal pathway; disputes should be managed early and, if necessary, escalated to general administrative law remedies.

Concrete examples to operationalise calculations:

• Residential example: a residential customer with 400 kL in a year would face a fixed water fee of $296.89 (Schedule 1 item 1) plus quantity fees under Schedule 3 item 1: first 350 kL at $2.052 per kL equals $718.20; remaining 50 kL at $2.734 per kL equals $136.70; total water quantity $854.90; combined water bill $1,151.79 before any sewerage charges or concessions.
• Commercial discharge example: a commercial property supplied 500 kL, discharge factor 95 per cent default yields 475 kL assessed, allowance 0 to 200 kL is nil, over 200 kL charged at $4.352 per kL, thus charged 275 kL times $4.352 equals $1,196.80, using Schedule 3 items 5 and 6 and cl 2 and 3.

Following these steps will align billing, record-keeping and engagement with the Administrator to the mechanics and timelines the Determination requires.