Australian Capital Territory

Utilities (Annual licence fees determination) Notice 2010 (No 1)

Notifiable Instrument NI2010-574

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 2010 (No 1).
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 years ending on 30 June 2010 and 30 June 2011, as set out in the attached schedule (in tables 1 and 2).

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 30 November 2010, 31 January 2011 and 31 March 2011. 

Table 3 in the schedule sets out the costs incurred by the Commission, the ACT Civil and Administrative Tribunal, and the chief executive under part 5 (Technical regulation) of the Act, in the exercise of functions in the in the ACT or elsewhere, in relation to utility services for the year ending on 30 June 2010.

Table 4 in the schedule sets out the costs expected to be incurred by the Commission, the ACT Civil and Administrative Tribunal, and the chief executive under part 5 (Technical regulation) of the Act, in the exercise of functions in the in the ACT or elsewhere, in relation to utility services for the year ending on 30 June 2011.

In determining the licence fee payable by each utility, the Commission had regard to:
•	the extent of 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 the utilities (set out in table 5 in the schedule).
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. No charge will apply.

Paul Baxter
Senior Commissioner
Independent Competition and Regulatory Commission
12 October 2010

This is page 1 of the Schedule to the Utilities (Annual licence fees determination) Notice 2010 (No 1), NI2010-574

SCHEDULE

Table 1:	Annual licence fees (gas transmission, and water and wastewater utility services), 2009-101
Licensee	Licence fees payable ($)	
East Australian Pipeline Limited (gas transmission)	24,592	
ACTEW Corporation Ltd (water and waste water services)	450,468	
Total	475,060	
Note:
1Annual licence fees for 2009-10 have been redetermined based on actual costs incurred by the Commission, the ACT Civil and Administrative Tribunal, and the chief executive under part 5 (Technical regulation) of the Act as set out in Table 3. Licensees will receive a refund where actual costs are less than expected costs determined for 2009-10.

Table 2:	Annual licence fees payable (gas transmission, and water and wastewater utility services), 2010-111
Licensee	Licence fees payable ($)	
East Australian Pipeline Limited (gas transmission)	52,521	
ACTEW Corporation Ltd (water and waste water services)	696,356	
Total	748,877	
Note:
1Annual licence fees for 2010-11 have been determined based on expected costs as set out in Table 4. The licence fees will be redetermined in 2011-12 based on actual costs incurred by the Commission, the ACT Civil and Administrative Tribunal, and the chief executive under part 5 (Technical regulation) of the Act.

This is page 2 of the Schedule to the Utilities (Annual licence fees determination) Notice 2010 (No 1), NI2010-574

Table 3:	Costs incurred (gas transmission, and water and wastewater utility services), 2009-10
Licensee	Utility Service 	Technical Regulator1 
($)	ACAT2
($)	ICRC3
($)	Totals 
($)	
East Australian Pipeline Limited 	Gas transmission	23,892 	0 	700 	24,592 	
ACTEW Corporation Ltd	Water collection and treatment	33,351 	0 	24,825 	58,176 	
 	Water network	33,351 	1,500 	24,825 	59,676 	
 	Water distribution	33,351 	0 	24,825 	58,176 	
 	Water connection service	33,351 	0 	24,825 	58,176 	
 	Water supply	0   	47,264	24,825 	72,089 	
 	Sewerage network	33,351 	1,500	24,825 	59,676 	
 	Sewerage connection service	33,351 	0	24,825 	58,176 	
 	Sewerage service	0   	1,500	24,825 	26,325 	
Sub-total ACTEW Corporation		200,106 	51,764 	198,598 	450,468 	
Total	 	223,998 	51,764 	199,298 	475,060 	
Notes:
1 The chief executive under part 5 (Technical regulation) of the Act is the chief executive of the ACT Planning and Land Authority.
2 The ACT Administrative and Civil Tribunal (Energy and Water Unit) in hearing and deciding matters to which a utility is party.
3 The Independent Competition and Regulatory Commission.

This is page 3 of the Schedule to the Utilities (Annual licence fees determination) Notice 2010 (No 1), NI2010-574

Table 4:	Costs expected to be incurred (gas transmission, and water and wastewater utility services), 2010-11
Licensee	Utility service 	Technical Regulator1 
($)	ACAT2
($)	ICRC3
($)	Totals 
($)	
East Australian Pipeline Limited 	Gas transmission	51,821 	0  	700 	52,521 	
ACTEW Corporation Ltd	Water collection and treatment	71,684 	0 	25,720 	97,404 	
 	Water network	71,684 	1,500 	25,720 	98,904 	
 	Water distribution	71,684 	0   	25,720 	97,404 	
 	Water connection service	71,684 	0   	25,720 	97,404 	
 	Water supply	0  	55,990 	25,720 	81,710 	
 	Sewerage network	71,684 	1,500 	25,720 	98,904 	
 	Sewerage connection service	71,684 	0   	25,720 	97,404 	
 	Sewerage service	0   	1,500 	25,720 	27,220 	
Sub-total ACTEW Corporation		430,103 	60,490 	205,763 	696,356 	
Total	 	481,924 	60,490 	206,463 	748,877 	
Notes:
1 The chief executive under part 5 (Technical regulation) of the Act is the chief executive of the ACT Planning and Land Authority.
2 The ACT Administrative and Civil Tribunal (Energy and Water Unit) in hearing and deciding matters to which a utility is party.
3 The Independent Competition and Regulatory Commission.

This is page 4 of the Schedule to the Utilities (Annual licence fees determination) Notice 2010 (No 1), NI2010-574

Table 5:	Scope and nature of services provided by licensees (gas transmission, and water and wastewater)
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.