Independent MLA Thomas Emerson is today bringing a motion to the ACT Legislative Assembly aiming to disallow the Public Unleased Land (Fees) Determination 2025 (No 2). This determination delays new fees that were meant to be introduced for developers who block footpaths and roads around construction sites. If passed, Mr Emerson’s disallowance motion would ensure these fees are in place for the 2025-26 financial year, rather than being deferred to the 2026-27 financial year. 

Mr Emerson said that while the Property Council sees deferral of these fees as an ‘advocacy win’ for their members, it is a loss for the Canberra community.

“I had welcomed the ACT Government’s introduction of new fees aiming to disincentivise developers from blocking footpaths and roads,” said Mr Emerson.

“It’s disappointing to see the Government has now quietly taken the side of developers on these new fees, rather than siding with pedestrians, cyclists and motorists.”

Mr Emerson has been advocating for developers to keep footpaths open around construction sites on the back of community calls for change.

“I continually hear from concerned residents about developments in their neighbourhood blocking footpaths for weeks or even months on end, leaving people unable to safely access their local shops, schools, parks and healthcare facilities,” said Mr Emerson.

“Footpath closures may seem like a trivial issue for some, but can have an immensely negative impact on many of our most vulnerable community members.

“Why should wheelchair users, parents with prams, elderly residents using walking frames, and children on bikes be forced to live with developers’ preferences, rather than the other way around?

“We should require developers to either keep footpaths open during construction works or provide convenient alternatives, as happens in other parts of the country.”

“Short of doing that, charging fees for footpath closures is an important first step. But these fees should be implemented immediately as originally proposed, rather than being deferred.”

“Only weeks ago during Estimates hearings, the Government proudly reflected on these fees as a first step to keeping Canberra’s footpaths open. The lack of transparency around their subsequent policy change is pretty disappointing,” concluded Mr Emerson.

Quotes attributable to the Braddon Collective:

“We are disappointed that the ACT Government is proposing to delay the introduction of daily fees for footpath and road closures — a measure that we think will encourage developers to keep footpaths open and accessible to the public.”

“The ACT community is tired of developers operating without genuine consideration for their impact on people's daily lives. We need our elected representatives to act."

Quotes attributable to Paris Lord, Founder of Canberra By Bike:

“Public access to footpaths and paths must always be maintained, regardless of what development is occurring on a site. Any proposed development that impedes access must provide detours that allow people of all abilities to continue to use that location in advance of the closure of the original path.”

“Developers and subcontractors cannot be allowed to determine who has access to a location, because they will always prioritise profit over public access, and put people at risk of preventable traffic violence.”

Quotes attributable to Simon Copland, Executive Director of Conservation Council ACT

"Canberrans regularly face obstructions on our footpaths and cycle paths due to construction. Such obstructions are frequently dangerous and will stop people from walking or riding to their destination. This increases car usage, polluting our city, and increasing carbon emissions.”

"These fees are one simple solution to deal with this problem. We call on the Government to implement them as soon as possible."

Quote attributable to Gill King, Convenor of Living Streets Canberra:

“The ACT community should be concerned that the government is now proposing to delay introduction of fees by a year in response to developer advocacy but without any consultation with the broader community.”

Quotes attributable to David Whitney, President of Pedal Power ACT:

“Pedal Power expresses significant concern regarding the proposed deferral of fees for commercial activity and intrusion onto public unleased land.”

“This deferral poses a serious public safety threat to major and minor roads and importantly the community path system that Pedal Power have campaigned for since our inception 50 years ago.”

Media Enquiries: Will Devine at [email protected] or 0402 183 296.

Background

The Public Unleased Land Act 2013 governs the use of public unleased land in the ACT, requiring permits for activities that impact on the land's amenity or on other members of the public.

A new set of fees was recently introduced through the Public Unleased Land (Fees) Determination 2025 (No 1). This determination, active as of 1 July 2025, gave effect to new fees for applying for a range of public land use permits, amended various existing fees, and – importantly - introduced new fees for applicants seeking to close roads and community paths per the below table.

Public Unleased Land (Fees) Determination 2025 (No 1) Schedule 1 – Fees

However, following advocacy from the ACT Property Council, the Government quietly brought forward a new disallowable instrument, the Public Unused Land (Fees) Determination (No 2), whose purpose is to delay the implementation of the new community path and road closure fees until the 2026/27 financial year, without affecting any of the other fees in the original determination.

Mr Emerson’s motion aims to disallow the Public Unleased Land (Fees) Determination (No 2), such that the new fees for the closure of roads and community paths included in the original Public Unleased Land (Fees) Determination (No 1) commence this financial year.