Ex-minister admits Big Splash, tennis centre 'both s---' as community frustrations boil over

Former minister Yvette Berry has conceded to an Assembly inquiry that the Big Splash waterpark and Hawker tennis centre situations are "both shit" as the community demands more action against leaseholders who don't follow the rules and instead landbank sites in the hope of turning them to a more lucrative use.

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"They're both shit, right? To be fair," Ms Berry told the standing committee on environment and planning on Thursday, referring to the ongoing lack of action at the Big Splash water park and Hawker tennis centre.

Big Splash and Hawker tennis advocates, and, right, former sport minister Yvette Berry. Pictures by Keegan Carroll

Ms Berry, the former minister for sport and recreation, was trying to point out the Big Splash and Hawker tennis centres were different in some respects, and tried to suggest the government was more hamstrung in taking over the Macquarie water park, but, did concede that, ultimately,the situations were "both shit".

That appeared to be the general consensus of community members giving evidence to the inquiry, with a lot of frustration expressed about public servants and government ministers not being straight up with the community and failing to answer basic questions openly and transparently about leases and breaches of them.

Giving evidence to the Assembly inquiry on Thursday were Save Big Splash representative Mark Pickering, Melissa Ricketts from the Hawker/Weetangera Neighbourhood Watch, Belconnen Community Council secretary Keiran Stroh and and Chris Gingell from Friends of Hawker Village. Picture by Keegan Carroll

We would like to see a presumption of termination if a lease is not used for its purpose for two years

- Save Big Splash community represenative Mark Pickering

Save Big Splash community representative Mark Pickering said supporters of the Macquarie waterpark had never received a clear answer from either Access Canberra or Planning Minister Chris Steel about why the Big Splash lessee had not been punished for breaking a promise to have the 50-metre pool on the site re-opened to the public by November 1.

"One of the key recommendations we are making is that the regulator shouldn't just go on promises because it's very easy for leaseholders to make promises," Mr Pickering said.

The Big Splash site was put up for sale earlier this year but has not been sold. Picture supplied

Leaseholders who break the rules should instead show they have a plan to restore the site to the agreed purpose, be subject to a deadline, prove they have the finances to carry out the plans and face "clear consequences" if they fail to deliver their plans, Mr Pickering said.

"And all of this should be done in the sunshine, not in a dark room where people can't see what's going on," he said.

The committee, chaired by Greens leader Jo Clay, is looking into the use of controlled activity orders, which are measures used by Access Canberra to address breaches of planning laws, unapproved developments or lease non-compliance.

The orders may direct a leaseholder to undertake certain action such as clean up the site or reopen a site to the public. If leaseholders fail to follow the orders they can be fined or have their lease terminated.

But the inquiry on Thursday heard that Access Canberra appeared to have failed to use its powers to the full extent, at least in the cases of Big Splash and the Hawker tennis centre.

Community members told the inquiry that instead leaseholders were being allowed to "landbank", to sit on the land and let the infrastructure go to rack and ruin, with the hope of putting a more lucrative facility on the land.

Mr Pickering said his hope was that lax landlords would be subject to very clear guidelines when they failed to use a lease for its intended purpose.

"I think there needs to be an escalating process, with an ultimate threat of termination, a credible threat," he said.

"At the moment, the powers exist but are not being used. But we would like to see a presumption of termination if a lease is not used for its purpose for two years.

"It can be rebuttable presumption because there will always be a case where there are extenuating circumstances. But leaseholders should not be able to simply squat on land and not perform the function that land is meant to serve. They should believe the lease will be terminated if they continue to not perform the purpose of the lease."

Both the Big Splash site and the Hawker tennis centre site are currently leased to private operators.

Melissa Ricketts at the abandoned Hawker tennis centre. Picture by Keegan Carroll

The Hawker site has not been used as a sporting facility since 2012. The leaseholder wanted to build a childcare centre on the site but then abandoned those plans.

Community members Melissa Ricketts and Christine Gingell said the site was now derelict and rubbish and debris was regularly set on fire by vandals.

Ms Clay said she understood no controlled activity order had ever been applied to the Hawker site.

The Big Splash waterpark has been closed to the public since March 2024.

A controlled activity order was issued for the leaseholder to clean up the site and fence off the area.

Despite the leaseholder not reopening the waterpark to the public, no fine has been issued and the lease has not been terminated.

In the latest development, the leaseholder has promised to open an "unlicensed family restaurant" on the Macquarie site by November 1 to comply with the lease.

Mr Pickering said while he agreed sanctions against rule-breaking leaseholders should be strengthened, he believed Access Canberra was reluctant to use the powers already available to it.

"Under the lease, there are very clear provisions for breach and termination and, in the case of Big Splash, there is no compensation for termination, as with any commercial agreement. You breach, you lose it," he said.

"But the regulator doesn't seem to want to use the provisions of the lease. It defaults to the Planning Act and the processes under that. And it defaults to the 'just terms' of the Commonwealth framework and we don't understand why.

"If you have in the lease a clear legal path, to an outcome and it is justified, why not follow it? So that's a mystery to us.

"We have sat in front of the minister and asked exactly that question and not received an answer. And we have asked the regulator and we have asked the planning people and we have asked in writing and we have asked in meetings and we never get an answer to that question."

Ms Clay said in the last year there had been more than 1000 planning complaints about "land squatting" in the ACT and "things being built outside their planning approvals".

Fires are regularly lit at the tennis centre, local residents say. Picture by Keegan Carroll

"There were 25 matters for enforcement actions. So 25 out of 1046," she said.

The government had since asked Access Canberra to work through the 25 orders "to see where they're up to".

A total of $3.5 million in fines had been issued, Ms Clay said.

"None for Big Splash. None for Hawker," she said.

"No controlled activity order ever issued for Hawker at all. Various things issued for Big Splash."

Ms Clay said the Hawker site had been vacant for 14 years with not regulatory action against the leaseholder.

"We've had a lot of community members following up for a long time on these issues. Do you think that the government has done a good job in the last 14 years with the powers that they've had and since 2023 [with the new Planning Act]? What has been the hold up," she asked.

Fellow committee member, Liberal Ginninderra MLA Peter Cain, said: "I think we know the answer to that".

Planning Minister Chris Steel is due before the committee at 2.45pm on Wednesday.

An ACT government spokesperson also confirmed to The Canberra Times that since the 2023 Planning Act came into play, only one lease had been terminated since.

"A lease for a single dwelling site was terminated in 2025 under s457 of the Planning Act 2023. The termination related to a bankrupt estate. No further details can be provided for privacy reasons," the spokesperson said.

"The priority of Access Canberra as the ACT's regulator is to achieve compliance with the lease and ensure sites are used in accordance with their approved purpose. The majority of lease disputes are resolved by bringing lessees back into compliance with their lease conditions which may include enforcement actions such as controlled activity orders, show cause notices or prohibition notices.

"Some complex issues remain subject to ongoing regulatory activity.

"In 2025-26, Access Canberra received 1046 planning complaints ... Most related to lease compliance matters, including business activities, unapproved structures and untidy blocks.

"Consistent with Access Canberra's compliance approach outlined above, most complaints for this reporting period were resolved through engagement and voluntary compliance without the need for formal enforcement action. In 2025-26, Access Canberra took 25 formal enforcement actions."

A controlled activity order was issued in nine of the 25 cases and a show cause notice for controlled activity order was issued in 13 of the cases.

As to the way forward, Chris Gingell from Friends of Hawker Village, said the government should have a hand in funding some sporting and community facilities.

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