Controlled activity orders
Access Canberra has a range of compliance activities and disciplinary actions it can undertake to ensure positive outcomes for industry and the community.
Visit the Planning website to read more about the range of compliance and disciplinary actions we can undertake.
Controlled activities
Controlled activities require approval. If you do not get the necessary approval for a controlled activity, you may breach the Planning Act.
Some examples of controlled activities include:
- not complying with the conditions of a lease
- not keeping a leased property clean
- developing without approval
- developing a prohibited development without approval
- not following the conditions of a development approval when developing
- owning or leasing a building or structure that was built without approval
- using unleased Territory land in a way that is not allowed
- not complying with the land management agreement when managing land in a rural lease
- not entering into a land management agreement when required
- not using the land continuously for at least a year for the purpose the lease was granted.
You can read the full list of controlled activities in Schedule 4 of the Planning Act 2023.
Controlled activity orders
If we find a controlled activity and you breach the Planning Act we may make a controlled activity order.
We may do this as part of a site audit or because of a complaint we have received.
Controlled activity orders can order you to:
- stop conducting a controlled activity
- fix damage done by a controlled activity.
It is an offence to not follow a controlled activity order.
You can find out more about how to follow a controlled activity order in the Planning Act 2023.
If you lease land that has an unapproved development, you can apply for development approval and you will not be penalised.
Your application will be treated as if the development had not been undertaken.
Find out how to get approval on the Planning website.
When we issue an order
We notify you in writing before we issue a controlled activity order. This written notice is called a ‘show cause’ notice.
The show cause notice lets you know we:
- have reason to believe you’re conducting a controlled activity
- are considering making a controlled activity order directed at you.
Significant development works may be referred to the Legislative Assembly to decide whether to issue a controlled activity order.
Who orders apply to
When we issue a controlled activity order, we send it to:
- the lessee or occupier of premises where a controlled activity was, is or is planned to be conducted
- anyone who (or on whose behalf) a controlled activity was, is or is planned to be conducted.
A controlled activity order binds all people that it’s directed to.
For example, an order that’s directed to a lessee or occupier – will apply to future lessees and occupiers, unless the outlined otherwise by the order.
When an order ends
A controlled activity order operates until the:
- end date listed in the terms of the order
- order is revoked.
Ongoing controlled activity orders last between 2 and 5 years. The end date will be outlined in the terms of the order.
When an order ends, Access Canberra will notify all persons given notice of the order in writing.
Revoking an order
If you’re bound by a controlled activity order you can apply to have it revoked. You cannot apply to have an ongoing controlled activity order revoked.
You’ll need to apply to Access Canberra and explain why the order should be revoked. This can be through your digital account using the investigation reference provided to you when you have submitted your complaint.
We’ll review your application. If we’re satisfied the order is no longer necessary or appropriate, we can revoke it.
Penalties
If you don’t follow a controlled activity order, you may get a penalty.
Penalties are set at levels relative to other Australian jurisdictions. What penalty you get depends on whether the offence was:
- intentional
- reckless or negligent
- a strict liability.
Depending on the type of offence you could also face charges under the Criminal Code 2002.
Make a complaint
If you believe a person was, is or will be undertaking a controlled activity you can make a complaint to us.
For example, you can make a complaint if you’re negatively impacted by the actions of owners and occupiers on adjoining blocks of land that are undertaking a controlled activity.
You can lodge a controlled activity complaint at any time. However, the first step is to try to resolve the issue yourself directly with the other party.
To help resolve your dispute you can use the free Conflict Resolution Service.
If you’re not able to resolve the dispute, you can submit a complaint to us online.
How to make a complaint
Complaints need to be in writing. To lodge a complaint, you’ll need to complete our online form.
You’ll need to:
- include your name and address
- clearly explain the conduct you’re making a complaint about.
You can also post your complaint to us using our address below.
To speak to someone about making a complaint, call 13 22 81.
You do not need to pay a fee to make a complaint.
What happens next
Once you’ve submitted a complaint we:
- give you a case reference number - you can use this number to send further information and also to receive regular investigation updates
- review and assess your complaint
- take all reasonable steps to investigate and consider all available actions.
Apply for a controlled activity order
Access Canberra can make a controlled activity order or you can apply for a controlled activity order.
To apply you’ll need to:
- complete the controlled activity order application form
- apply for the order online and attach the completed application form
- pay the application fee – otherwise your application won’t be lodged.
Apply for a controlled activity order
We will contact you to pay the application fee. The fee amount depends on the site location.
You can find the current fees and charges on the Planning website.
Reviewing a decision
If you make an application for a controlled activity order and we decide not to make the order, you can have the decision reviewed.
Contact us using our details below to request a review of the decision.
Injunctions
If you have knowledge of a person engaging in conduct that breaks the conditions of a controlled activity order you can also apply to the Supreme Court for an injunction.
You can apply for an injunction regardless of if the person:
- has already engaged in the conduct
- is currently engaging in the conduct
- plans to engage in the conduct.
You can also apply regardless of whether you know the conduct breaks the conditions or if you believe it could.
Visit the Supreme Court website to find out more about injunctions.
Contact us
You can contact us online, call us on 13 22 81, or visit our shop front in Mitchell.
You can also send post to:
Access Canberra Customer Services
GPO Box 158 Canberra ACT 2601