Australian Capital Territory
Water Resources (Fees) Determination 2005 (No 1)
Disallowable Instrument DI2005—58
made under the
Water Resources Act 1998, Section 78 - Determination of Fees

1.	Name of instrument
This instrument is the Water Resources (Fees) Determination 2005 (No 1).
2.	Revocation
I revoke the Disallowable Instrument Number DI 2004–114 notified on the ACT Government Legislation Register.
3.	Determination of fees 
The fees for services provided are specified in the Schedule hereunder in Column 2 and prices for 2004-2005 are specified in Column 4 opposite, in relation to that service.  These fees are to be paid as described in Column 5.  Where applicable, GST inclusive fees are marked with a double asterisk (**).
4.	Explanatory Notes
Explanatory notes (including the previous period’s fee) are at Column 4 and are included in the Schedule.  Explanatory notes are included at the end of the Schedule, where applicable.  Headings and explanatory notes in the Schedule do not form part of the determination.  (For example: where new fees for 2004-05 are denoted by an “N/A” in 2003-04, if included in the schedule, would not form part of the determination).
5.	Payment of Fee
The fees determined in this schedule are payable to the ACT Government by the person(s) requesting the goods or services, as listed.
6.	Commencement
This instrument commences on the day after notification.  

Jon Stanhope
Minister for the Environment
24	February 2005

Section 28	Grant of a water allocation where the allocation relates to taking of water through a practice, which existed prior to 1 May 1998. This allocation includes conditions that do not permit trade of the allocation.	Nil	Nil		
Section 28	Grant of a water allocation where an allocation relating to taking of water through a practice which existed prior to 1 May 1998 is adjusted to more accurately represent the amount of water taken in line with the prior practice. This allocation includes conditions that do not permit trade of the allocation.	Nil	Nil		
Section 28	Grant of a water allocation where the allocation relates to taking of water through a practice, which existed prior to 1 May 1998. This allocation includes conditions that permit trade of the allocation.	483.25	492.90	On a date set by the Environment  Protection Authority	
Section 28	Grant of a water allocation where an allocation relating to taking of water through a practice which existed prior to 1 May 1998 is adjusted to more accurately represent the amount of water taken in line with the prior practice. This allocation includes conditions that permit trade of the allocation.	483.25	492.90	On a date set by the Environment  Protection Authority	
Section 28	Grant of a water allocation in all cases except those specifically identified – per ML.	483.25	492.90	On a date set by the Environment  Protection Authority	
Section 35	Application fee for a licence to take water.	107.15	109.30	On application for a licence	
Section 35	Licence to take water administration fee for each licence year relating to a licensed volume of up to 6 megalitres per year.	53.55	300.00	For the first year of a licence, the fee shall be paid in full on application for a licence and thereafter, on a date set by the Environment  Protection Authority	
Section 35	Licence to take water administration fee for each licence year relating to a licensed volume of more than 6 megalitres and up to 2000 megalitres per year.	107.15	300.00	For the first year of a licence, the fee shall be paid in full on application for a licence and thereafter, on a date set by the Environment  Protection Authority	

Section 35	Licence to take water administration fee for each licence year relating to a licensed volume of more than 2000 megalitres and up to 5000 megalitres per year.	429.65	438.20	For the first year of a licence, the fee shall be paid in full on application for a licence and thereafter, on a date set by the Environment  Protection Authority	
Section 35	Licence to take water administration fee for each licence year relating to a licensed volume of more than 5000 megalitres and up to 10000 megalitres per year.	1073.70	1095.15	For the first year of a licence, the fee shall be paid in full on application for a licence and thereafter, on a date set by the Environment  Protection Authority	
Section 35	Licence to take water administration fee for each licence year relating to a licensed volume of more than 10000 megalitres and up to 25000 megalitres per year	2148.50	2191.45	For the first year of a licence, the fee shall be paid in full on application for a licence and thereafter, on a date set by the Environment  Protection Authority	
Section 35	Licence to take water administration fee for each licence year relating to a licensed volume of more than 25000 megalitres per year	5370.75	5478.15	For the first year of a licence, the fee shall be paid in full on application for a licence and thereafter, on a date set by the Environment  Protection Authority	
Section 35	Licence to take water abstraction fee for water taken for the purposes of urban water supply and calculated on the basis of the water charged to users – per kilolitre	0.20	0.20	Payments to be made for water charged to users in each three month period ending on the last day of February, May, August and November each year and within 28 days of the end of the three month periods.	
Section 35	Licence to take water abstraction fee for all water taken from surface water or ground water except for that supplied through the urban water supply network or surface water taken for use in the areas described in Schedule 2 - per kilolitre	0.20	0.20	On a date set by the Environment  Protection Authority. In all cases, where fees relating to part of a month are due, each day’s use will be taken to be equivalent to average daily use for that month and, where monthly meter readings are not available, the Environment  Protection Authority shall estimate water use after consultation with the licensee.	
Section 39	Three year driller licence application fee where the applicant does not hold an equivalent licence in a state in Australia.	329.85	336.45	On application	
Section 39	Three year driller licence application fee where the applicant does hold an equivalent licence in a state in Australia.	21.00	21.40	On application	
Section 44	Bore Construction Permit	107.15	109.30	On application	
Section 47	Recharge licence Application Fee	214.30	218.55	On application for a licence	
Section 47	Recharge licence yearly fee	107.15	109.30	For the first year of a licence the fee shall be paid on application for a licence and thereafter, on a date set by the Environment  Protection Authority. 	

Section 69	Water control structures – permit to construct etc	107.15	109.30	On application	

ML denotes megalitre
“Licence year” means the first whole year of a licence or subsequent whole years.

Additional Explanatory Notes

Description of Area

The following lands comprise the area for the purposes of Schedule 1 of this Determination.
1.	Any area which is, within the terms of the Territory Plan as in force from time to time, subject to a planning policy listed below:
-	Residential land use policies;
-	Commercial land use policies;
-	Industrial land use policies;
-	Community facility land use policies;
-	Restricted access land use policies;
-	Water feature land use policies;
-	Municipal services land use policies;
-	Entertainment, accommodation and leisure land use policies;
-	Urban open space land use policies.
Any Section, of any Division, which is subject to the Residential land use policy and where the servicing of that Section has not yet begun, will be considered still outside the area.
2.	The following lands, as identified in the book Maps of Canberra by Suburbs and ACT Districts, December 2002 edition:
District of Gungahlin
Exhibition Park in Canberra: blocks 366, 396, 466 and 467.
ACT Canine Association: blocks 429, 444 and 445.

Division of Duffy
Stromlo Housing Settlement: section 55 and that part of section 56 block 2 known as  Stromlo Housing Settlement 

Division of Fyshwick
Fyshwick Minor Industrial Area: all of sections 50, 60 and 61.

Division of Lyneham
Canberra Racecourse Precinct: all of sections 66, 69 and 70.
Exhibition Park in Canberra: block 5 of section 72, block1 of section 75 and all of section 61

Division of Weston
Australian Federal Police Service Centre: block 1 of  section 82
School of Horticulture: all of section 96
Orana School Precinct: all of section 97

3.	Any area which, is in terms of the Territory Plan as in force from time to time, subject to the ‘Major Roads’ land use planning policies, provided that the area is immediately adjacent to an area subject to one of the policies listed in section (1) above or an area listed in section (2) above.
4.	Any area which is, in terms of the national Capital Plan as in force or existing at the date of commencement of this instrument, being the date of its publication in the Gazette, within the designated area known as ‘Main Avenues and approach Routes’, provided that the area is immediately adjacent to an area subject to one of the policies listed in section (1) above or an area listed in section (2) above.