Powers used to take action against ACT landholders who fail to maintain or use their sites will be examined by a parliamentary inquiry after a string of high-profile dormant sites have fomented community frustration.
The Legislative Assembly's environment and planning standing committee will examine the use of controlled activity orders, which the government can use to direct property owners to meet the conditions imposed in their leases.
Under the ACT's leasehold system, property owners own long-term leases, usually for 99 years, which come with conditions that can require them to operate certain types of businesses or construct buildings for specific purposes.
ACT Greens leader Jo Clay, who chairs the committee, said the inquiry wanted "community input on the effectiveness of compliance and enforcement in the planning system, and how it can be improved".
The committee on Monday said it wanted to hear about the Big Splash waterpark in Macquarie, Hawker Tennis Centre, Gungahlin cinema, Phillip swimming pool, Manuka Hotel on the Capitol Theatre site, the Brindabella Christian College car park and the Richardson shops, where the supermarket shut down in 2019.
Ms Clay said recent petitions to the Assembly had highlighted issues with the controlled activity orders system.
More than 7300 people signed a petition calling on the government to cancel the Crown lease for the Big Splash site, while more than 1200 people signed a petition calling for the government to terminate the Crown lease for the Hawker Tennis Centre site, which has been shut and decaying since 2012.
The inquiry's terms of reference said the committee would examine "the effectiveness of provisions relating to controlled activity orders and government enforcement of lease conditions in ensuring maintenance of facilities, compliance with Crown leases, and preventing unauthorised developments".
The ACT Planning Authority has the power to issue controlled activity orders, which have broad powers to direct leaseholders to comply with the terms of their lease or development approval.
Planning Minister Chris Steel told the Assembly in May orders were used to direct the owners of Big Splash, the shuttered and now dilapidated waterpark, to reopen the site, but no fines had been issued.
"Financial penalties could only be issued after failure to comply with a controlled activity order. The failure to comply with the order occurred in January this year. Issuing of a strict liability penalty infringement of $1200 under the Magistrate Courts (Infringement) Act was not considered as providing effective incentive to open the pool," Mr Steel said in answer to a question taken on notice.
"A prosecution for failure to comply with an order can provide a much higher penalty for a corporation of up to $48,600. However, prosecution can be a lengthy process in itself, and it was likewise not considered a strong incentive to encourage opening for 2026/27."
The Big Splash site in Macquarie is now for sale with expressions of interest invited by 3pm, Wednesday, July 22. A sales website said there were no redevelopment plans associated with the site or its sale.
