Regulation changes to provide for Data Centre early works

On 13 August 2026 amendments to the Planning, Development and Infrastructure (General) Regulations 2017 to exempt certain preliminary on-site preparation works related to data centre projects from requiring development approval were made. The specific exemptions are limited to:

• excavation and fill (unless in a flood zone or coastal area)
• construction of access roads (within the proposed development site or on adjoining public roads)
• fencing.

These exemptions will only be available where the applicant obtains a separate approval from a state agency, such as the Coordinator General's Office or the Department for State Development, to undertake preliminary site preparation works. Where an entity intends to undertake preliminary works, they will be required to provide notice to the relevant local council of the intended commencement of those works.

Allowing preliminary preparatory works to be progressed while detailed assessment of the final development is being undertaken provides a more efficient development pathway. Undertaking preliminary works will be at the proponent's risk and all other legislative approvals and consents will still be required as relevant. For example, native vegetation consent will still be required under the Native Vegetation Act 1991 if the proponent proposes to undertake native vegetation clearance on the site.