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Senate QON 538 - Senator Jacqui Lambie, Industry and Innovation

Parliament of Australia

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Date Published
21 May 2026
Priority Score
Not scored
Australian
Yes
Created
16 Sept 2026, 09:00 pm

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In March the Department published 'Expectations of data centres and AI infrastructure developers' (the expectations), which address aspects which are dealt with at national, state or local levels. In relation to the expectations, could the Minister please advise on the following: what involvement have state or local governments had in the establishment of the expectations; what enforcement of the expectations is available; what is the federal government's role in approving data centre proposals;

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QUESTION In March the Department published 'Expectations of data centres and AI infrastructure developers' (the expectations), which address aspects which are dealt with at national, state or local levels. In relation to the expectations, could the Minister please advise on the following: what involvement have state or local governments had in the establishment of the expectations; what enforcement of the expectations is available; what is the federal government's role in approving data centre proposals; specifically which approvals does the federal government have regulatory control over in relation to data centre proposals; what level of commitment has the federal government secured from the respective other tiers of government in regards to ensuring proposed data centres will be compliant with the expectations; and has a standard assessment tool been established to ensure data centre proposals can be consistently assessed across all jurisdictions in the Commonwealth. ANSWER Senator Ayres: Please see my answer below to the Senator's question: The Australian Government consulted with state and territory governments, as well as the Australian Local Government Association in developing the Expectations. This included engagement through Ministerial and official-level forums as well as bilateral discussions. The Australian Government is embedding the Expectations into relevant Commonwealth decision-making processes, including foreign investment screening. It is working with state and territory governments through forums like the Energy and Climate Change Ministerial Council, Skills and Workforce Ministerial Council and the Water Ministerial Council to embed expectations in relevant state and territory approval processes. The Australian Government's role includes supporting Commonwealth-State cooperation and harmonisation in the national interest. The Expectations are a clear signal to set the foundations of social license for data centre and AI infrastructure developers in Australia. Commonwealth regulatory levers relevant to data centre proposals include, but are not limited to: Foreign investment screening under the Foreign Acquisitions and Takeovers Act 1975; Environmental approvals under the Environment Protection and Biodiversity Conservation Act 1999, where relevant; and Security obligations under the Security of Critical Infrastructure Act 2018 . The Australian Government is working with states and territories through existing officials-level and ministerial channels to progress the Expectations. This includes through the Energy and Climate Change Ministerial Council and the Water Ministerial Council. The Expectations provide a clear, consistent benchmark for investors, governments and communities about which developments are in the national interest. The Australian Government is working with states and territories to reflect the Expectations in their processes and support an aligned approach to the treatment of data centre proposals, while allowing for local conditions, priorities and regulatory settings.