What you need to know
- In recent months, the Australian Commonwealth and State Government have moved in quick succession to assemble a policy architecture around for Australia's data center sector as one of the country's fastest-growing infrastructure pipelines.
- This included NSW's National Expectations Framework and Data Centre Consultation Paper (NSW).Victoria's Sustainable Data Centre Action Plan, and recent announcements across other state and territory jurisdictions outlining their ambitions to take advantage of Australia's natural endowments to become leaders for data center investment for the region.
- Governments are increasingly seeking to play an active role in shaping the data center boom, though each has adopted a distinct approach reflecting its own focus and market conditions.
- Importantly, policies so far are not adding to legislative and regulatory hurdles, in particular planning assessments, and are instead seeking to support proponents to accelerate and coordinate through these where possible and appropriate, and with the right government stakeholders involved.
The central challenge for government remains striking the right balance between appropriately rigorous assessment and approvals, unlocking a significant pipeline of investment, making the most of existing enabling infrastructure where possible, developing the skilled workforce required to deliver these projects, incentivising industry to continue innovating, maintaining momentum and capturing value across an ambitious and growing project pipeline.
Recent key policy developments
Commonwealth
Announced in March, the Commonwealth Government's Expectations of data centres and AI infrastructure developers is a set of five national expectations to shape the future of data center and AI infrastructure development in Australia.
- Prioritise Australia's national interest
- Support Australia's energy transition
- Use water sustainably and responsibly
- Invest in Australian skills and jobs
- Strengthen research, innovation and local capability
Forming a key pillar of the Government's broader National AI Plan, the expectations are a statement of the Government's position on what it considers responsible development in the sector. Satisfying the expectations has been characterised as the foundation of a data center operator's social licence to operate in Australia. While they are not a statutory requirement, proposals that do not align with the expectations risk being deprioritised in Commonwealth regulatory assessments. Meanwhile, a Federal Senate Committee inquiry into artificial intelligence and data centers is currently in progress and is due to hand down its report in November 2026.
Of note for data center developers and operators, the $1 billion National Reconstruction Fund provides targeted debt and equity support across a number of categories, including critical technologies and AI related infrastructure. In addition, the R&D Tax Incentive is also available for companies that invest in experimental activities seeking to generate innovative solutions to technical challenges, such as developing new efficient cooling systems or advanced energy-management software.
New South Wales
Announced in March, the NSW Government’s NSW Data Centre Consultation Paper is a proposed principles-based framework for consultation on the management of the opportunities and challenges for data center development in the state. The draft principles released for consultation are:
- Investment in data center should enable a wider technology ecosystem that drives job creation and propels economic growth
- Data center developers and operators need to fund their infrastructure requirements, in addition to what is already planned and funded, so as to not increase prices for households
- Data center need to be efficient and make sustainable use of our energy and water systems as well as the environment
- Data center approval and compliance must be based on reliable and transparent data, particularly with regards to water and energy demands, to enable more accurate forecasts
- Regulatory and planning settings must take account of differences in the size and location of data center, and community needs.
IDA has endorsed $51.9 billion worth of projects so far, including with 15 data center projects that will receive specialist Government support from a dedicated concierge service, a planning assessments team and from a multi-agency Investment Taskforce based in the Premier’s Department. The NSW Trade and Investment Strategy highlights artificial intelligence and machine learning as a key strength of NSW and notes there is a strong pipeline of data center investment in the State, while the recently exhibited draft Sydney Plan highlights the importance of productive industrial lands to underpin essential services including data centers.
In addition, parallel to the Federal Senate inquiry, the NSW Legislative Council is undertaking an inquiry into data centers and is due to hand down its final report in September 2026.
Victoria
In Victoria, the AI Mission Statement sets out the state's ambition to lead in artificial intelligence adoption. This is underpinned by the Sustainable Data Centre Action Plan, which provides an internal framework for better cross-government coordination and planning for data center development across five key areas:
- Coordinated infrastructure, land, and connectivity
- Energy innovation and grid readiness
- Sustainable water security and management
- A skilled and future-ready workforce
- Strengthened leadership and coordination
Additionally, reflecting Victoria's coordinated approach to its data center enablement activities, Victoria's 10-year Plan for Industrial Land importantly aligns land supply with digital infrastructure demand. An Industrial Land Gateway Service is also helping unlock and accelerate the rezoning and development of industrial lands including for data centers, while a dedicated Development Facilitation Program has been established to streamline planning approvals and therefore reduce project delivery timelines for significant economic developments (which includes data centers with estimated development costs of at least $20 million in metropolitan Melbourne).
Invest Victoria and the Investment Coordinator-General, appointed in early 2025, have also prioritised data centers and AI, offering streamlined facilitation to support investor entry and establishment.
South Australia
The South Australian Government amended planning regulations late last year to allow data centers to be approved through the essential infrastructure pathway and announced in June this year the release of a new data center strategy, to be followed by a Data Centre and AI Infrastructure Act which would offer a "streamlined" development process with "reduced duplication and improved certainty" for operators. South Australia is well positioned to take advantage of the data center boom, with abundant renewable energy, including a high proportion of renewable energy currently in their electricity market and a $32.5 billion pipeline of renewable energy projects on the horizon. A new undersea internet cable linking Adelaide with Singapore via Perth was completed last year.
Other Australian States and Territories
Across other Australian jurisdictions, governments are sharpening settings to attract large-scale data center investment. For example, Western Australia has made significant investment in subsea cable infrastructure. The Queensland Government has been working to attract major technology and data center investments through bodies such as Trade and Investment Queensland and the Department of State Development, Infrastructure, Local Government and Planning, but has not published a specific policy statement.
Our take on the current policy landscape
The national landscape is rapidly evolving. We anticipate that as government understands more about the pipeline and the broad economic and sovereign opportunities that the data center sector delivers for Australia, we will see some reprioritisation or reorientation of enabling infrastructure to service projects. This is already evident in Victoria's 10 Year Plan for Industrial Land which explicitly notes that data centers are the foundation of the economy and serviced industrial land is essential to support sector growth, and the Sustainable Data Centre Action Plan which includes using government data to find the best locations for data centers.
Setting data centers at center stage
The national expectations framework and State policies, while not mandatory, signal that data centers are critical infrastructure, an investment attractor, and Australian governments are motivated to create the right conditions to capture the economic opportunity that data centers present.
In the last year, reflecting the pace of the market, data centers have gone from being almost absent from government infrastructure plans, to featuring heavily in all recent policy announcements. These are important documents that guide the priorities of the public sector and are an important signal to the market that government is listening and invested. Related infrastructure and land use plans for water, energy and industrial lands continue to be reoriented accordingly.
Enabling speed to market
The conversion rate from site acquisition to operational capacity is a critical metric for the data center sector. Australia offers some of the most favourable market conditions for data centers globally, yet lengthy planning approval timeframes in comparison to global standards remain a key barrier to unlocking investment potential.
Helpfully, State and Federal policies are not seeking to add new process, rather expedite existing assessments and approvals, and introduce far greater coordination between government agencies. This is a challenging task, noting that data centers operate at the nexus of the planning, energy and water systems that are each complex, regulated and dealing not only with data center demand but that of the wider community. Building social licence becomes even more essential, when using fast-track planning approval pathways.
While speed to market is an industry imperative and expedited assessment and approval frameworks will be helpful in this regard, this should not be at the expense of careful project planning and sequencing, noting the complex delivery landscape and lifecycle risks of converting land into operational data centers.
Incentivising innovation
The removal of roadblocks and setting of expectations is reflective of government using the levers it has to support the data center industry. With these developments, emphasis shifts back to private proponents with the capacity to innovate and collaborate, with government and other partners, to bring their data center projects to life.
Proposals likely to proceed through the current policy landscape are those that invest in a sustainable footprint, support Australia's energy transition and contribute to ongoing jobs and broader economic growth.
This could include partnering with renewable energy providers to develop self-sustaining data center and clean energy precincts, collaborating with water authorities to develop new recycled water infrastructure, offering training programs through educational institutions that support a pipeline of ongoing local employment, providing access for local entrepreneurs as a way to help Australia's AI sector flourish, and innovating in the core technologies underpinning data center operations to drive efficiency and sustainability outcomes.
Proposals that embrace innovation can also address supply chain risks playing out on the global stage. Innovation is not a cost but an opportunity for industry players to lead the global market from Australia and is now firmly backed by national data center policy.
Where to invest and how to maximise your chance of success
Australia as a whole presents an attractive investment destination, with opportunities available across the region rather than being confined to any single state or territory. The breadth of the market means that investors can consider various jurisdictions, each understanding the opportunities and benefits that data center investment bring and offering distinct advantages depending on the nature and scale of the proposed development.
Maximising the chances of success across these jurisdictions is contingent on several considerations, including:
- Aim to align with Government expectations: Understanding the policy priorities and strategic objectives of each jurisdiction enables investors to position their proposals in a way that resonates with decision-makers and demonstrates clear alignment with broader economic and planning goals.
- Strategic engagement: Talk to the right parts of government early and often to shape proposals and help communicate value to the community. A proactive dialogue helps shape proposals before they are formally submitted, ensuring they are well received. This can reduce approval timeframes and mitigate risk.
- Unlock innovative solutions: Invest further in innovative approaches to the energy, water, and economic challenges facing data centers. This can be delivered through strategic partners, whether through the delivery of clean energy precincts, or the deployment of new enabling technologies, which will further enhance credibility and strengthen overall deliverability.
Speak with our Ashurst Perkins Coie team about how best to plan, structure, develop and deliver your new or existing proposals. We have extensive experience in navigating government process and requirements efficiently, helping you secure your next data center investment in Australia.
Looking ahead
The fundamentals underpinning Australia's attractiveness as a destination for data center investment remain firmly intact: a stable operating environment, robust legal protections, abundant renewable energy potential, available land, strategically located deep-sea connectivity and strategic proximity to the rapidly growing Indo-Pacific economies.
As the Commonwealth works with states and territories to implement its expectations through planning, energy and infrastructure approval frameworks, we anticipate further detail on requirements, compliance mechanisms and practical acceleration pathways will emerge and governments will become increasingly coordinated around the opportunities.
Energy continues to be a central thread in that coordination. The Energy and Climate Change Ministerial Council (ECMC), which brings together the Commonwealth, state and territory energy ministers and is chaired by the Federal Minister for Climate Change and Energy, is due to meet again this month. At its May meeting, all Ministers (other than Queensland) agreed to develop a legislative package to implement the Electricity Services Entry Mechanism (ESEM) and Market Making Obligation and engaged AusEnergy Services to continue preparatory work ahead of the next ministerial meeting.
With grid readiness and rising electricity demand squarely within the ECMC’s remit, the forthcoming meeting is significant for the data center sector, whose growth depends on coordinated, timely investment in generation, storage and transmission. We will be watching closely for any signals on how energy Ministers intend to accommodate large-load customers such as data centers within the energy transition.
Developers and investors with projects in the pipeline should review their proposals against both the Commonwealth's expectations and the NSW principles.
We will continue to monitor developments and are available to advise on all aspects of data center land acquisition, strategic engagement, project development, energy, water, regulatory approvals, investment structuring, and delivery.
Want to know more?
- NSW Government’s Investment Delivery Authority EOI Criteria Released – Are You Ready? (24 September 2025)
Other authors: Lakshmi Logathassan, Executive; Kurt Cheng, Specialist and Gary Lou, Lawyer.
