Page 3905 - Week 12 - Thursday, 21 October 1993
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The Head Agreement remains in operation. It outlines the basis for the provision of services and facilities in relation to Jervis Bay by the ACT and sets out the responsibilities of parties, financial arrangements and administrative procedures to apply. A copy of the Head Agreement is at Attachment A.
As outlined in the Head Agreement, further Memoranda of Understanding (MOU) were progressively entered into for each individual service by Commonwealth and ACT Agency Heads (or their delegates). These detailed arrangements for individual services. These Memoranda expired on 30 June 1993 and have since been renewed by officers from the Commonwealth Department of the Environment, Sport and Territories and the ACT. Two agencies opted for a fee for service basis instead of formal MOUs. The agreements incorporate varied timeframes ranging from two to five years for the continued provision of services.
Amounts paid by the Commonwealth cover direct and all indirect costs including overheads such as accruing superannuation liability.
(2) and (3) The range of services, provided by the ACT on a cost recovery basis, is set out in Attachment B together with actual costs for 1992-93 and budget estimates for 1993-94. Please note that policing services arc provided directly by the AFP in its national role and are not subject to a MOU.
(4) The ACT does not provide any other services outside those identified in Attachment B. The ACT Parks and Conservation Service operation in Jervis Bay transferred to the Australian Nature Conservation Agency (formerly the Australian National Parks and Wildlife Service) on 1 July 1992. Similarly, library services, formerly provided by the ACT Library Service, are now provided by the Shoalhaven City Council via a Bookmobile service.
(5) The ACT has no direct and intentional legislative control over residents, events or activities at Jervis Bay in that it does not have the jurisdiction to develop legislation specifically for implementation in the Jervis Bay Territory.
However, the ACT does have unintentional and indirect legislative control over the Jervis Bay Territory. This control arises from Section 4A of the Jervis Bay Territory Acceptance Act 1915 (the Acceptance Act). Pursuant to Section 4A, the laws of the ACT are, in so far as they are capable of being applied, ire applicable in the Jervis Bay Territory as if it formed part of the ACT. Accordingly, when the ACT makes changes to legislation applicable in the ACT, those changes also apply in Jervis Bay and therefore impact (albeit unintentionally) on Jervis Bay and its residents. A more detailed explanation of the relationship of the ACT and Jervis Bay Territory legal regimes is contained in the following paragraphs.
As part of self-government preparations, the Commonwealth amended relevant Commonwealth legislation to facilitate possible future agency arrangements and to provide an appropriate legal regime for the Jervis Bay Territory, namely:
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