Icon Water supplies water and wastewater services in the ACT. Photo: File.
While the owner of a vacant block does not use a water or sewerage connection at his property, the ACT’s supplier of these services is still entitled to send him the bill for them.
Last week, the ACT Civil and Administrative Tribunal (ACAT) dismissed the owner’s complaint made after Icon Water began charging him for the services.
Presidential Member of ACAT Juliet Lucy said the owner had not applied for a water or sewerage account, did not have a meter and had not accessed the water or sewerage network for his vacant block.
But the Water Services and Sewerage Services Connection and Supply Standard Customer Contract for Icon Water includes these conditions in its terms:
“We may charge you for making water services and sewerage services available to your property even if water services or sewerage services are not connected at your property, including but not limited to vacant land and car parks,” the contract states.
“This is a charge for your property having access to our water network and sewerage network.”
Ms Lucy took into account the legislation when she ultimately dismissed the complaint.
“I have found Icon Water’s standard customer contract applies in these circumstances, by operation of law, and Icon Water is entitled to charge for making its water network and sewerage network available to the applicant, even where water services and sewerage services are not connected to his property,” she said.
Non-publication orders prevent more detailed reporting of the matter.
An Icon Water spokesperson said the organisation acknowledged the tribunal’s decision and noted how, in the ACT, water and sewerage supply charges were set by the Independent Competition and Regulatory Commission.
“A fixed charge applies to all properties where the water and sewerage networks are installed and available to the property,” the spokesperson said.
“Even if a property is not connected for services, the infrastructure exists and must be operated and maintained to ensure it remains reliable and can be accessed when needed.
“The supply charges are not for usage, but for the availability of the networks.”
Icon Water’s Standard Customer Contract is available on its website, along with detailed information about standard water and sewerage service changes.
