Law blocked Access Canberra from ending Big Splash's lease
Access Canberra wanted to terminate Big Splash's lease in January but property law made the move legally impossible.
In January, Access Canberra moved to terminate Big Splash's lease. By April, the plan was abandoned.
The reason was property law. Terminating the lease would count as a property acquisition.
Such acquisitions require compensation on "just terms" under the Australian Capital Territory (Self-Government) Act. Access Canberra's head Josh Rynehart told a parliamentary committee the compensation available under law would likely fall short.
"That effectively meant that termination was not a viable pathway forward," he said. Big Splash operates on a permissive lease.
Such leases restrict how land can be used but don't mandate specific purposes or hours. This makes it harder to prove a breach has occurred.
The main pool is set to reopen November 1. A review is underway into whether Access Canberra needs stronger powers to enforce lease conditions.
- January
- Termination month
- April
- Plan abandoned by
- November 1
- Pool reopening
- Josh Rynehart
- Regulator head
Why it mattersIt reveals how property law can constrain government power to manage non-compliant leaseholders, and raises questions about whether regulators have the tools they need.
AustraliaCanberrans relying on Big Splash now understand why the government cannot simply seize a facility that fails to meet its obligations.
✓ Claims checked against the source. checked 3 h ago
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