Australian Capital Territory
Utilities (Annual Licence Fees Determination) Notice 2008 
Notifiable instrument NI2008– 582
made under the  
Utilities Act 2000, s 52 (Public notice of licence decisions) (see also s 45 (Determination of fee) and s 53 (Public access to licences etc))

1	Name of instrument
This instrument is the Utilities (Annual Licence Fees Determination) Notice 2008.
2	Commencement 
This instrument commences on the day after it is notified. 
3	Determination of licence fees
The Independent Competition and Regulatory Commission (the Commission) gives notice that the Commission has determined the annual licence fees, payable by licensed utilities under the Utilities Act 2000 for the year ending on 30 June 2009, set out in  the attached schedule (in table 3).

Table 1 in the schedule sets out the costs expected to be incurred by the Commission, the Energy and Water Consumer Council and the chief executive under part 5 (Technical regulation) of the Act, in the exercise of functions in the ACT or elsewhere, in relation to utility services.  

In determining the licence fee payable by each utility, the Commission had regard to:
•	the costs in relation to each utility; 
•	the annual licence fees payable by all utilities; and
•	the relative scope and nature of the services provided by all utilities (set out in table 2 in the schedule).

Table 3 in the schedule sets out the annual licence fee for 2008-09 payable by each utility.  Unless otherwise agreed in writing with the Commission, determined fees are payable by the licensee to the Commission in three (3) equal instalments to be paid by 9 January 2009, 9 February 2009, and 9 March 2009. 

4	Public access to determination of annual licence fees
Copies of the Commission’s determination of annual licence fees are available for inspection by members of the public:
•	on the Commission’s webpage (www.icrc.act.gov.au);
•	at the Commission’s offices (located at Level 2, 12 Moore Street, Canberra City, ACT) during ordinary office hours; and
•	on the ACT Legislation Register (www.legislation.act.gov.au).

A person may inspect a determination without charge, and may make a copy of all or any part of the document.  A fee may apply for making a copy.
5	Explanatory Notes

In May 2007, the Utilities Act 2000 was amended to provide for an energy industry levy.  The amendments commenced on 1 July 2007 with the effect of progressively replacing licence fees for prescribed energy utilities.  

For the 2007-08 levy year, the energy levy was determined only for national costs.  Separately, the Commission continued to determine licence fees for local regulatory costs.  

For the 2008-09 financial year, levy determinations covered both national and local regulatory costs for all licensed energy industry utilities.  Annual licence fees for prescribed energy industry utilities have not been determined for 2008-09.  From 2008-09, annual licence fees will continue to be determined for utilities providing water and wastewater services, and for gas transmission services. 

Paul Baxter
Senior Commissioner
Independent Competition and Regulatory Commission
5 December 2008

This is page 2 of the Schedule to the Utilities (Annual Licence Fees Determination) Notice 2008, NI2008-582

SCHEDULE:  Annual Licence Fees Determination, 2008-09

Table 1:  Expected Costs relating to licensees, 2008-09
Licensee	Utility Service 	Technical Regulator (ACTPLA & Workcover)
($)	Energy & Water Consumer Council
($)	Independent Competition & Regulatory Commission
($)	Totals 
($)	
East Australian Pipeline Limited 	Gas transmission	31,000 	0 	535 	31,535 	
ACTEW Corporation Ltd	Water collection and treatment	45,942 	0 	21,920 	67,862 	
 	Water network	45,942 	1,500 	21,920 	69,362 	
 	Water distribution	45,942 	0 	21,920 	67,862 	
 	Water connection service	45,942 	0 	21,920 	67,862 	
 	Water supply	0 	79,400 	21,920 	101,320 	
 	Sewerage network	45,942 	1,500 	21,920 	69,362 	
 	Sewerage connection service	45,942 	0 	21,920 	67,862 	
 	Sewerage service	0 	1,500 	21,920 	23,420 	
Sub-total ACTEW Corporation		275,653 	83,900 	175,361 	534,914 	
TOTAL	 	306,653 	83,900 	175,896 	566,449 	

This is page 2 of the Schedule to the Utilities (Annual Licence Fees Determination) Notice 2008, NI2008-582

Table 2: Scope and nature of services provided by licensee
Section of the Act/
Utility Service	Scope and nature of services	
9(a)
Gas transmission	Transmission of gas through a gas transmission network. 
	
11(a)
Water collection and
treatment	Collection or treatment of water, or both, for distribution through a water network. 	
11(b)
Water network	Making a water network available for the provision of water connection services.	
11(c)
Water distribution	Distribution of water through a water network.	
11(d)
Water connection
Services	Connection of premises to a water network; or variation of the capacity of the connection between premises and a water network.	
11(e)
Water supply	Supply of water from a water network to premises for consumption. 	
13(a)
Sewerage network	Making a sewerage network available for the provision of sewerage connection services.	
13(b)
Sewerage connection
Services	Connection of premises to a sewerage network; or variation of the capacity of the connection between premises and a sewerage network.	
13 (c)
Sewerage service	Conveyance, collection, treatment and disposal of sewage by a person from the premises of another person.	

Table 3: Annual licence fees payable, 2008-09
Licensee	Licence fees payable ($)	
East Australian Pipeline Limited 	31,535 	
ACTEW Corporation Ltd	534,914 	
TOTAL	566,449