The owners of Big Splash Waterpark have failed to meet the requirements of their Crown leases. Photo: James Coleman.
Big Splash is among seven sites in the ACT about to face the consequences of being left to rot as the government unleashes “regulatory action” on their owners.
In a statement, Access Canberra, the ACT Government’s front-facing agency, has named the Belconnen waterpark, along with Richardson shops, among a group of sites failing to meet the requirements of their Crown leases.
The move comes as the deadline for Big Splash to reopen as a public aquatic facility passed last Friday (23 January), and as a community petition ramps up calls for the government to terminate the lease and take the site back.
Who’s in trouble?
Access Canberra says regulatory action is now underway against seven sites across Canberra.
They include not only Big Splash but also Richardson shops in Tuggeranong, along with five other vacant blocks across Canberra that “have not been developed in the required timeframes under the lease”.
The government wouldn’t be drawn on the exact locations of the blocks, except to say they included a “Community Facility Zone (CF), Industrial Mixed Use Zone (IZ2), Mixed Use Zone (CZ5) and Urban Residential (RZ3) Zone”.
The government says it is using “new powers” under the Planning Act 2023 for the first time, allowing the Territory Planning Authority to issue notices requiring work to be completed within a new timeframe.
“Failure to complete works within the new compliance time are grounds to terminate the lease,” a spokesperson told Region.
“Access Canberra has now issued individual lessees show cause notices on five sites around Canberra in relation to their failure to meet development timeframes over a long period,” Attorney-General Tara Cheyne added in a statement on social media.
Access Canberra is currently in talks with the lessee of Richardson shops. Photo: Supplied.
Richardson shops, which was fenced off last week, has not been used for its lease purpose for more than 12 months. The site lost its last tenant in 2022, following the departure of its IGA supermarket in 2019, and has been the subject of repeated community petitions.
Planning Minister Chris Steel said the situation was “totally unacceptable”.
“There are multiple options that have been open to the lessee – to tenant their shops, sell it to someone who can, or redevelop,” Mr Steel said during a recent press conference.
“Access Canberra are currently undertaking regulatory action, issuing a show cause notice to the lessee … I understand they have now received a response [from the lessee] and are considering that response.”
Community group Save Big Splash has started an online petition. Photo: Ian Bushnell.
What sort of ‘regulatory action’ are we talking about?
At Big Splash, the stakes are higher – and the process is further along.
A Controlled Activity Order was issued on 12 December 2025, requiring the owner to use the land for its intended lease purpose – operating an aquatic facility – by 23 January.
That has not happened.
“As you are aware, the deadline for Big Splash to comply with its controlled activity orders was 23 January 2026,” Ms Cheyne said.
“Following the failure to comply with these orders … Access Canberra is now pursuing regulatory action on behalf of the Territory Planning Authority.”
One order relates to the condition of the site, including making it safe and maintaining fencing.
The second – and more serious – relates to failing to use the land for its lease purpose for more than a year.
Under the Planning Act, this can attract penalties exceeding $48,000 for a corporation, and non-compliance may ultimately result in lease termination.
Does this mean things change now for Big Splash? Not quite …
The government’s final decision on what to do about Big Splash will be reached later this week, according to the spokesperson.
“Access Canberra is considering exactly what further regulatory action will be taken and will provide an update to the community this week on a decision.
“These considerations include imposing penalties and options for prosecution or termination of the lease.”
Due to the repossession notices that recently appeared on the site’s fences, the government also has a third party to engage, the solicitors.
Notices of possession were zip-tied to the fence. Photo: Ian Bushnell.
But the community group Save Big Splash says there should be only one outcome.
“Today [last Friday] is the deadline for the site to be operating under its Crown lease conditions. That hasn’t happened, which means the government now has the power to terminate the lease and restore public control,” spokesperson Amelia Tattam said.
The group has launched a petition calling on the ACT Government to terminate the lease and redevelop the site with a 50-metre outdoor pool, family-friendly water slides and open lawn areas.
A former owner of the site, the Sarri family, is also ready to bring private investment in the form of a swim school, a hydrotherapy pool, and potentially even a wave pool.
“Three summers have passed with the doors shuttered. Now we have a chance to work together with government and private partners to create a modern facility that serves our community for generations to come,” Tattam said.
ACT Greens deputy leader and Member for Ginninderra, Jo Clay, is also backing the petition.
“It’s disappointing that the ACT Government didn’t move faster to step in and help see Big Splash reopen,” Ms Clay said.
“Instead, it’s taken community petitions, countless questions to the minister about what enforcement action they are taking, when they would issue fines or consider a lease termination. Government ownership is the safest way to ensure Canberrans have access to the facilities they want and need.”
Belconnen Community Council has also written to the government asking for a swift resolution.
“It is a stark reality that while one in four Canberrans live in Belconnen, none of the ACT’s seven public pools are located within our district,” chair Lachlan Butler wrote.
“We would welcome an update on the government’s position for resolving this matter and would appreciate the opportunity to meet with you to discuss how we can secure a vibrant recreational future for Belconnen.”
