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Regulator Finds Makeshift Barbecue Tent Likely Meets Big Splash Lease

The ruling exposes a vague permitted‑use clause and legal limits on forcing the site’s return to a community pool.

Overview

  • Mortgagees opened a pop‑up barbecue under a marquee at the derelict Big Splash site in a move to meet a lease clause and the setup was in place for a November 1 deadline.
  • Access Canberra said it is satisfied on the balance of probabilities that the tent and food stall fall within the lease’s undefined term “unlicensed family restaurant” and will not take immediate enforcement action.
  • Local politicians and community groups described the arrangement as cynical box‑ticking and urged the regulator to terminate the lease, saying the site remains unused and vandalised since March 2024.
  • The ACT Government says terminating or seizing the lease would legally be an acquisition that requires paying ‘just terms’ compensation and has not yet estimated what that would cost.
  • Ministers have opened a consultant options process to assess possible paths for the site, including buying and restoring the pool, and Access Canberra will keep monitoring the location for further breaches.