ACT powerless to cancel Big Splash lease without law change
ACT officials cannot cancel the waterpark's lease because territory law omits the "just terms" compensation requirement.
Access Canberra says it has no power to cancel Big Splash's lease. The reason: the ACT's planning laws don't include "just terms" compensation, which the constitution requires.
The waterpark has been empty since March 2023. Australia's constitution (and a 2025 High Court decision) requires that property acquisition must happen on "just terms".
The ACT's Self-Government Act applies this rule to territory laws. Section 364 of the Planning Act lets the ACT pay only for improvements on the land, not the full loss.
This is likely short of "just terms". This gap affects how the ACT can enforce lease conditions.
Most land in the territory is held on long-term leases with rules about use. In the past decade, only one lease has been cancelled under territory planning law.
- March 2023
- Date site closed to public
- Section 364
- Planning Act section
- 1
- Territory leases cancelled in past
- Just-terms compensation
- Legal requirement
Why it mattersThe territory cannot force compliance by cancelling non-compliant leases, weakening enforcement of planning rules across Canberra.
AustraliaACT authorities must now find new ways to force lease compliance, and the government cannot repeat this enforcement action without changing the law first.
✓ Claims checked against the source. checked 3 h ago
