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On 23 March 2026, the Australian Government released the Expectations of data centres and AI infrastructure developers (Expectations) as part of its broader National AI Plan and digital infrastructure agenda.
The expectations respond to accelerating global investment in data centres and AI compute, and the increasing strain that large, energy‑intensive facilities can place on electricity grids, water resources and local communities. The Government has framed the Expectations as a mechanism to ensure that future growth in data centre capacity delivers clear national benefits, while supporting Australia’s clean energy transition and long‑term resilience.
The Expectations apply to new or expanded data centre and AI infrastructure developments in Australia, including hyperscale facilities and large‑scale AI compute centres. They do not apply to small‑scale edge or on‑site enterprise data centres – Government did not give any reasons for their exclusion.
The Expectations are structured around five core pillars:
The Expectations do not replace existing laws or create new regulatory obligations. Instead, they will operate as a policy lens through which Commonwealth regulatory assessments and investment facilitation decisions are prioritised. Proposals that align closely with the Expectations are more likely to receive coordinated and timely regulatory consideration although, at this stage, it is unclear how that will be implemented.
The Government has indicated it will work with states and territories, as well as energy market bodies, particularly through the Energy and Climate Change Ministerial Council, to embed the Expectations into approval, planning and connection processes. No timing for these changes has been given at this stage.
In practical terms, proponents of hyperscale facilities and large‑scale AI compute centres should expect increased scrutiny of:
In their response to the Expectations, Data Centres Australia (DCA), the dedicated peak body for data centres in Australia, acknowledged the importance of sustainability leadership and national interest considerations. DCA has expressed concern that the Expectations apply only to new or expanded developments, even though existing on‑site and enterprise data centres account for a significant proportion of Australia’s computing capacity.
DCA argued that many older enterprise facilities are materially less energy‑efficient than modern, purpose‑built data centres, and that excluding these facilities risks missing opportunities to improve overall system efficiency and emissions outcomes. Broadly, DCA considers that a more holistic policy approach would better reflect the realities of Australia’s existing digital infrastructure footprint.
Industry generally has welcomed the Government's Expectations as a long-overdue signal of policy intent and have flagged the need for continued engagement with Government at all levels as they move from principle to practice, to ensure that Australia will attract global capital, create jobs and build the backbone for the digital economy.
For developers, operators and investors, the Expectations signal a clear shift in the approval and investment landscape for data centres and AI infrastructure in Australia.
Early alignment with the Expectations, particularly through credible energy and infrastructure strategies, is likely to become a key differentiator as governments seek to balance rapid digital growth with affordability, sustainability and national interest objectives.
Partner, Head of Technology, Media and Telecommunications, Asia and Australia, Brisbane
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills Kramer 2026
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