OUT-LAW ANALYSIS 6 min. read

How Australia’s AI framework could redraw the data centre map

Data centre construction

A data centre under construction in Sydney. Photo: Steve Christo - Corbis/Getty Images


Data centre locations that align with the priorities of the federal government’s new AI framework will be better placed to progress through future approval pathways.

As Australia races to become a regional AI powerhouse, access to suitable land, power and infrastructure may become the greatest constraint on future data centre development. The federal government’s proposed national AI framework signals a fundamental shift in how data centre projects are assessed, approved and located, with significant implications for developers, investors and landowners.

Australia’s data centre sector has witnessed unprecedented expansion in recent years, largely driven by soaring demand for cloud services, AI, high-performance computing and sovereign data-hosting needs. Against this backdrop, plans announced by prime minister Anthony Albanese to introduce mandatory rules for large-scale data centre development have attracted significant attention from the real estate and infrastructure sectors.

Much of the initial focus has centred on the proposal, which if passed, would require data centre developers to underwrite new renewable energy generation equivalent to their consumption. However, an equally significant aspect of the reforms is the proposed introduction of a single national regulatory framework governing where AI and data centre developments can be located.

The proposals represent a broader policy shift towards treating data centres not merely as industrial developments, but as nationally significant AI infrastructure with strategic implications for energy, housing, water and economic development. The reforms therefore create both challenges and substantial opportunities for property developers, infrastructure investors and financial institutions seeking exposure to one of Australia’s fastest-growing sectors.

What is certain, ahead of further details being fleshed out later this month in parliament, is that such changes will increase planning scrutiny of site selection, particularly in areas experiencing housing pressure or infrastructure constraints.

Developers have traditionally competed for prime real estate. Under the proposed reforms, competition for power-enabled land with a clear planning pathway may become the defining challenge for Australia’s next generation of data centre projects.

Site selection scrutiny

Demand for well-located sites capable of supporting hyperscale facilities continues to intensify across Australia. At the same time, governments are balancing competing policy priorities, including housing delivery, energy transition objectives, environmental protection and community expectations. As a result, site selection is likely to become a more complex and heavily scrutinised component of future data centre development.

While there has been growing community opposition to data centre development in some locations across Australia over environmental concerns, it is clear that locations that align with the federal government’s new AI framework’s priorities will now be better placed to progress through future approval pathways.

Deanne Sevastos

Deanne Sevastos

Partner

Developers have traditionally competed for prime real estate. Under the proposed reforms, competition for power-enabled land with a clear planning pathway may become the defining challenge for Australia’s next generation of data centre projects.

Developers commonly rely on sophisticated land acquisition structures, including options, staged acquisitions and long-term lease arrangements, to secure strategic sites while planning approvals, grid connection and other regulatory processes are still being worked through.

These land arrangements will need to be carefully structured to manage timing risks, Foreign Investment Review Board (FIRB) considerations and evolving approval requirements. Leasing arrangements may also become increasingly complex given heightened security and privacy requirements, continuity of utilities, and the need for tenants to assume greater maintenance and infrastructure responsibilities.

Sites that already benefit from appropriate zoning, transport connections and utility infrastructure, particularly former industrial and energy assets, are therefore likely to attract significant interest. Such sites can reduce development risk, shorten delivery programmes and improve planning certainty.

The federal government’s proposals are likely to increase planning scrutiny of site selection, particularly in areas already experiencing housing pressure or infrastructure constraints. Developers can expect to face more complex approval pathways and greater emphasis on strategic land use outcomes.

From fragmentation to national planning

To date, individual states and territories have largely developed their own approaches to regulating data centre infrastructure in response to local market conditions. While Sydney remains Australia’s largest data centre market, challenges associated with land scarcity, higher construction costs and grid constraints are pushing development towards more vertical footprints. Meanwhile, in Victoria, demand has gravitated towards larger campus-style developments located on former industrial land with existing access to power and water infrastructure.

The result has been a fragmented landscape of overlapping state, territory and local government approval requirements. Against that backdrop, the proposal to establish a unified national framework governing not only location, but also energy and water use, has the potential to deliver greater consistency across Australia’s data centre sector. Not only would this help streamline approval processes for site selection, it would also ensure that all states and territories are operating to the same standards and improve consistency in real estate development across Australia’s data centre sector.

For developers and investors, a more consistent planning framework could reduce uncertainty, improve site assessment processes and provide greater confidence when making long-term capital allocation decisions. It may also help accelerate investment into regions outside New South Wales and Victoria that are capable of accommodating major new facilities.

The reforms may also help address growing concerns in some communities that data centre development is being prioritised over housing developments. The Housing Industry Association (HIA) has welcomed the federal government’s latest position and warned there are already examples in certain states of land being “fast-tracked for data centre development” that had previously been “earmarked” for housing.

In his speech, Albanese said he plans to open a new national ‘office of AI’ that would establish clear rules surrounding where large data centres are built “without them competing with new housing”. As well as potentially strengthening protections for local communities, this could provide much-needed oversight of the data centre sector at all levels of government, thus giving real estate and property developers greater clarity and potentially more predictable timeframes for their development projects.

Energy infrastructure becomes a real estate issue

For decades, real estate value has often been driven by the familiar mantra of “location, location, location”. However, the growth of AI and hyperscale computing may redefine that principle for data centres. Increasingly, the question is not simply where land is available, but where sufficient power can be accessed quickly and reliably.

As governments, developers and investors grapple with the energy demands of AI infrastructure, access to electricity generation and transmission capacity is emerging as a key differentiator between potential development sites. In that environment, power-enabled land may become one of the most sought-after real estate assets in Australia.

Power availability is likely to become one of the defining real estate considerations under the federal government’s plans as future large-scale AI data centres will be required to support or underwrite new electricity generation equivalent to their consumption. Access to power, transmission infrastructure and renewable energy sources is therefore likely to become as important as the land itself when assessing development opportunities.

Sites with existing energy infrastructure or proximity to renewable generation may become increasingly valuable. For both the energy and real estate sectors, the proposed energy-underwriting requirement could drive substantial investment in renewable generation, battery energy storage systems (BESS) and supporting transmission infrastructure.

The proposals also signal growing demand for renewable energy and co-located infrastructure assets. The reforms are likely to strengthen the commercial rationale for co-locating data centres with solar, wind and battery storage projects. This could create additional opportunities for landowners, renewable energy developers and investors to monetise strategically located assets through integrated energy and digital infrastructure developments.

Implications for investors and lenders

The reforms are likely to have important implications beyond developers and landowners. For institutional investors and lenders, factors such as power availability, planning pathway certainty, infrastructure capacity and compliance with future national standards may become increasingly significant due diligence considerations.

As a result, access to suitable land alone may no longer be sufficient to support a successful project. The ability to secure power, navigate planning frameworks and align with broader government priorities may become equally important drivers of asset value and project bankability.

A unified national framework has the potential to give investors and lenders the consistency they need to make long-term capital allocation decisions with confidence. For a sector that requires significant upfront investment in land, power and infrastructure, regulatory predictability is critical.

The future location of AI infrastructure

The proposals may also present new opportunities for industrial and infrastructure landowners. The reforms signal continued government support for Australia becoming a regional AI and data centre hub. This is likely to drive demand for suitable industrial-zoned land, power-intensive infrastructure corridors and strategically located logistics assets.

Landowners with large industrial holdings, grid-adjacent land or sites capable of supporting energy infrastructure may see increased development interest and land values. Data centres offer considerable economic and real estate opportunities. To date the majority of data centres in Australia have been built in NSW and Victoria, but there are clear commercial and economic arguments for ensuring that other states and territories – and their real estate – should also benefit from the data centre boom, and the potential employment opportunities it can generate for local communities.

A federal government inquiry examining the impacts of AI and data centres on communities, industry, energy and water resources is currently underway, while New South Wales is also progressing its own inquiry into the expansion of data centres and associated impacts on energy systems, water resources and local communities. The outcomes of those processes are likely to play an important role in shaping the final form of the reforms.

While many details of the proposed framework remain uncertain, one thing appears clear: future data centre development will be assessed not only by reference to land availability, but also by its ability to support broader national objectives relating to AI, energy security, housing and infrastructure planning. For the real estate sector, the race to secure highly suitable, power-enabled sites may only just be beginning

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