Australian Capital Territory

Utilities (Annual Licence Fees Determination) Notice 2012 

Notifiable Instrument NI2012-561

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 2012.
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 2013, as set out in the attached schedule (tables 1 to 4). These utilities include East Australian Pipeline Limited (licensed to supply gas transmission services) and ACTEW Corporation Limited (licensed to supply water and waste water services).

Tables 1 shows the licence fees for 2012-13 payable by East Australian Pipeline Limited (licensed to supply gas transmission services) and ACTEW Corporation Limited (licensed to supply water and waste water services).

Table 2 in the schedule sets out the breakdown of costs incurred by the three agencies, namely the Commission, the ACT Civil and Administrative Tribunal, and Director General of the Energy and Sustainable Development Directorate (ESDD) on behalf of the Territory. 

Table 3 shows details of derivation of the licence fees payable including the adjustment for differences between the licence fees paid in 2011-12 based on estimates and the licence fees calculated using the actual costs for 2011-12.

Table 4 details the scope and nature of services provided by the two utilities.

In determining the licence fee payable by each utility, the Commission had regard to:
•	What it considered the utilities should make as a reasonable contribution towards the costs incurred or expected to be incurred by the three agencies; 
•	the amount of the fee and the way it is worked out; and
•	the Commission’s reasons for the amount of the fees and any instalments to be paid.

Unless otherwise agreed in writing with the Commission, determined fees, shown in table 1, are payable by the licensee to the Commission in three (3) equal instalments to be paid by 
•	30 November 2012
•	31 January 2013, and
•	31 March 2013. 

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 8, 221 London Circuit, 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.

Malcolm Gray
Senior Commissioner
Independent Competition and Regulatory Commission
30 October 2012

This is page 1 of the Schedule to the Utilities (Annual Licence Fees Determination) Notice 2012, NI2012-561

SCHEDULE

Table 1:	Licence fees payable for gas transmission, and water and wastewater utility services, 2012-131
Licensee	Licence fees payable ($)	
East Australian Pipeline Limited (gas transmission)	27,221	
ACTEW Corporation Ltd (water and waste water services)	670,219	
Total	697,441	
Note:
1 licence fees determined for 2012-13 are based on estimated costs incurred during 2012-13 by the three agencies (the Commission, the ACT Civil and Administrative Tribunal, and the Director General of the Energy and Sustainable Development Directorate (ESDD), on behalf of the Territory) but also take account of any rebates or surcharges payable for differences in costs between those estimated for 2011-12 and the actual costs incurred by the agencies for that year.

Table 2:	Breakdown of licence fees as cost components incurred by the three ACT agencies for gas transmission and water and wastewater utility services, 2012-13
Licensee	Utility service component provided	ESDD1 
($)	ACAT2
($)	ICRC3
($)	Totals 
($)	
East Australian Pipeline Limited 	Gas transmission	27,021 	0 	200 	27,221 	
ACTEW Corporation Ltd	Water collection and treatment	120,843 	0 	-14,380 	106,462 	
 	Water network	120,843 	1,500 	-14,380 	107,962 	
 	Water distribution	120,843 	0 	-14,380 	106,462 	
 	Water connection service	120,843 	0 	-14,380 	106,462 	
 	Water supply	0 	55,705 	-14,380 	41,325 	
 	Sewerage network	120,843 	1,500 	-14,380 	107,962 	
 	Sewerage connection service	120,843 	0 	-14,380 	106,462 	
 	Sewerage service	0 	1,500 	-14,380 	-12,880 	
Sub-total ACTEW Corporation		725,057 	60,205 	-115,043 	670,219 	
Total	 	752,078 	60,205 	-114,843 	697,441 	
Notes:
1 Environment and Sustainable Development Directorate.
2 ACT Civil and Administrative Tribunal.
3 Independent Competition and Regulatory Commission.

This is page 2 of the Schedule to the Utilities (Annual Licence Fees Determination) Notice 2012, NI2012-561

Table 3:	Licence fees determined for 2012-13 showing aggregated rebates/surcharges payable from 2011-12 
Licensee	Licence fees determined for 2011-12 based on estimated costs 
($)	Licence fees based on actual costs for 2011-12 ($)	(Rebates) or surcharge due ($)	Licence fees based on estimated costs for 2012-13 ($)	Licence fees determined for 2012-13 ($)	
East Australian Pipeline Limited	                      64,637 	           39,769 	- 24,868 	             52,089 	        27,221 	
ACTEW Corporation Ltd 	                    813,436 	         630,406 	-183,031 	           853,250 	       670,219 	
Total	                    878,073 	         670,175 	- 207,898 	           905,339 	       697,441 	

Table 4:	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.