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Motion · 24 September 2026

Data centres: Infrastructure development

Wording in the final text came from James MilliganLiberal · Opposition (1), Andrew BarrLabor · Minister (1)

In short

Proposed
Laura Nuttall brought this motion on 24 September 2026.
Changed
4 changes proposed by 4 MLAs; 2 agreed, from James Milligan and Andrew Barr.
Decided
Agreed as changed, in a recorded vote of 15 to 6.
Final wording
Compared with the original, 395 words taken out and 320 words put in. See every difference
  1. What was proposedLaura NuttallGreens · Crossbench
    Read the original wording (500 words)

    That this Assembly: (1) notes the: (a) Chief Minister’s announcement to create an ACT Data Centre Framework (ACTDCF) to ensure consistency and clarity for investors; and (b) ACT has around 15 data centres already, and there are current applications for new data centres which may not be subject to the proposed framework; (2) further notes that: (a) data centres are energy and water intensive and operate 24 hours a day; (b) demand for, and development of, data centres is growing rapidly across Australia and community concern about their use and impact is widespread; (c) data centres pose a high risk for environmental damage and are not listed in the Planning (General) Regulation 2023 as a development requiring an environmental impact assessment; (d) without appropriate regulations, data centres’ high energy and water use will impact household and business energy bills and could undermine our climate emissions reduction targets; and (e) data centres with closed loop water systems will still require significant amounts of water from our environment; and (3) calls on the Government to: (a) create an ACTDCF that: (i) requires data centres to: (A) demonstrate clear and enduring local economic and social benefits for Canberra including opportunities for local employment, skills development and community wealth building as a primary threshold for approval; (B) purchase or create additional 100 percent renewable energy to match their demand by using Renewable Energy Guarantee of Origin (REGO); (C) ensure they do not increase electricity or water prices for Canberra households; (D) use flexible demand, backed by renewable solutions; (E) meet the full costs of any energy, water or utility infrastructure upgrades attributable to their development or expansion; (F) implement best practice water and energy efficiency as standard, currently closed loop water use; (G) be battery backup only, that is, not diesel generator backup; and (H) be sustainable in demands on the ACT’s limited water supply; (ii) increases transparency of the magnitude of current and future water consumption, energy use and climate pollution by data centres; (iii) has built-in reviews to enable best practice to continue to be updated; and (iv) ensures adequate community input, including First Nations traditional custodians, for data centre development or expansion; (b) review the Planning Act 2023 and the Territory Plan to ensure that the water supply, environmental and ecological impacts of data centres are addressed as part of the Development Application process; (c) undertake a deliberative participatory process to include and enable Canberrans, including First Nations traditional custodians, to provide input to the ACTDCF; (d) consider innovative options such as co-locating data centres with public pools to use cooling water as a heating source; (e) consider a levy on data centres or other mechanisms to ensure long-term wealth benefits of data centres continue to recirculate to the Canberra community; (f) collaborate and coordinate with NSW and the Federal Government on interjurisdictional and regional water matters including factoring data centres into any future water and energy negotiations; and (g) enact a moratorium on new data centres until the ACTDCF is in place.

  2. Proposed changeJames MilliganLiberal · Opposition24 September 2026

    Grouped by key words as: rewrote the proposal, added conditions.

    The exact wording of this change

    Omit all words after paragraph (1)(a), substitute: “(b) under the Planning Act 2023, development proposals requiring approval are subject to the development application process and assessed against the Territory Plan; (2) calls on the ACT Government to: (a) ensure the ACT Data Centre Framework: (i) requires data centre proponents to demonstrate how the additional energy and network capacity required by their development will be provided, including through investment in additional generation, storage or other infrastructure, without transferring additional costs to existing households and businesses; and (ii) ensures planning requirements are clear, proportionate and provide certainty for investment by identifying appropriate locations for future data centre investment and associated digital infrastructure; (b) actively pursue and facilitate investment in data centres and associated digital infrastructure that leverages Canberra's strengths in government, defence, cyber security, research and advanced technology, including by identifying appropriate investment-ready locations and providing clear pathways for prospective investors; and (c) engage with major domestic and international data centre operators, digital infrastructure providers and major users of data centre capacity to promote the ACT as a destination for appropriate digital infrastructure investment.”.

    Agreed in a recorded vote, 15 to 6. Some of its wording is in the final text.

    Ayes 15

    • Andrew Barr, Suzanne Orr, Michael Pettersson, Tara Cheyne, Chris Steel, Rachel Stephen-Smith, Caitlin Tough, Taimus Werner-Gibbings
    • Peter Cain, Mark Parton, Leanne Castley, Ed Cocks, Jeremy Hanson, James Milligan, Deborah Morris

    Noes 6

    • Andrew Braddock, Jo Clay, Laura Nuttall, Rebecca Vassarotti
    • Fiona Carrick, Thomas Emerson
  3. Change to James Milligan's changeAndrew BarrLabor · Minister24 September 2026

    Grouped by key words as: changed the background, added reporting or consultation.

    The exact wording of this change

    to Mr Milligan’s proposed amendment together: 1. After all text in paragraph (1)(b), insert: “(c) the ACT already has comprehensive requirements for the approval of data centres; (d) that Canberra’s role as Australia’s seat of government provides a unique opportunity to attract digital infrastructure investment and creates a particular need for secure and reliable digital infrastructure; (e) that data centres support nationally significant activities, including: (i) government service delivery; (ii) weather forecasting and climate modelling; (iii) environmental monitoring and natural resource management; (iv) scientific and academic research; (v) cyber security and critical infrastructure protection; and (vi) emergency management and disaster response; (f) the growth of Al is increasing demand for high-performance computing and secure data storage, making sovereign data centres increasingly important for keeping sensitive data and Al capabilities under Australian control; and (g) that data centres contribute to investment, highly skilled employment, construction activity, technology capability and economic diversification in the ACT; and”. 2. After all text in paragraph (2)(a)(ii), insert: “(iii) provides transparency regarding energy, water and infrastructure impacts; (iv) supports renewable energy use, energy efficiency, water efficiency and innovation in infrastructure design; and (v) ensures appropriate community consultation and engagement;”. 3. After paragraph (2)(c), insert: “(d) collaborate with NSW and the Commonwealth on matters relating to energy, water, digital infrastructure and regional planning associated with data centre investment; and (e) consider innovative approaches to improve energy productivity and reduce emissions, including waste heat recovery opportunities, while recognising that major data centres are not appropriate within public pool and aquatic centre precincts.”.

    Agreed on the voices. No individual votes were recorded. Its wording is in the final text.

  4. Change to Andrew Barr's changeLaura NuttallGreens · Crossbench24 September 2026

    Grouped by key words as: added a new call or point, changed a number or target, added reporting or consultation.

    The exact wording of this change

    to Mr Barr’s proposed amendments to Mr Milligan’s proposed amendments: 1. After all text in paragraph (1)(g), insert: “(h) community concern about data centres and their impact on local environment and amenity;”. 2. After all text in paragraph (2)(a)(v), insert: “(vi) requires data centres to buy or create 100 percent renewable electricity to meet the additional demand required; (vii) requires data centres to use closed loop water cooling and are sustainable on the ACT’s limited water supply; (viii) requires consultation with First Nations traditional custodians for any greenfield data centre development;”. 3. In Mr Barr’s amendment No 3, omit paragraphs (2)(d) and (e), substitute: “(d) collaborate with NSW and the Commonwealth on matters relating to energy, water, digital infrastructure and regional planning associated with data centre investment; (e) consider innovative approaches to improve energy productivity and reduce emissions, including waste heat recovery opportunities; while recognising that major data centres are not appropriate within public pool and aquatic centre precincts; and (f) consider a levy on data centres or other options to ensure long-term wealth benefits for the Canberra community.”. Debate continued.

    Not agreed in a recorded vote, 6 to 15.

    Ayes 6

    • Andrew Braddock, Jo Clay, Laura Nuttall, Rebecca Vassarotti
    • Fiona Carrick, Thomas Emerson

    Noes 15

    • Andrew Barr, Suzanne Orr, Michael Pettersson, Tara Cheyne, Chris Steel, Rachel Stephen-Smith, Caitlin Tough, Taimus Werner-Gibbings
    • Peter Cain, Mark Parton, Leanne Castley, Ed Cocks, Jeremy Hanson, James Milligan, Deborah Morris
  5. Change to Laura Nuttall's changeThomas EmersonIndependent · Crossbench24 September 2026

    Added notes on water stress overseas, standards for interim approvals, and an emissions report. Our summary, review in progress

    The exact wording of this change

    to Miss Nuttall’s proposed amendments to Mr Barr’s proposed amendments to Mr Milligan’s proposed amendment together: 1. After all text in paragraph (1)(h), insert: “(i) demand for, and development of, data centres is growing rapidly across Australia; and (j) international precedents (such as in Ireland and Virginia, USA) demonstrate that without appropriate regulation, the rapid growth of data centres can contribute to higher household energy and water bills and can undermine emissions reduction targets; (k) the ACT is vulnerable to water stress from drought, climate change and population growth, and its biodiversity is in decline; and (l) data centres can exacerbate negative ecological and water supply impacts;”. 2. After all text in paragraph (2)(f), insert: “(g) ensure any data centres approved between now and the commencement of the ACT Data Centre Framework (ACTDCF) meet or exceed the standards set out at paragraphs (2)(a) to (f) of this motion; and (h) report back to the Assembly by the last sitting week of 2026 on the expected impact of data centre demand on the ACT’s legislated emissions reduction targets.”. Debate continued.

    Not agreed in a recorded vote, 6 to 15.

    Ayes 6

    • Andrew Braddock, Jo Clay, Laura Nuttall, Rebecca Vassarotti
    • Fiona Carrick, Thomas Emerson

    Noes 15

    • Andrew Barr, Suzanne Orr, Michael Pettersson, Tara Cheyne, Chris Steel, Rachel Stephen-Smith, Caitlin Tough, Taimus Werner-Gibbings
    • Peter Cain, Mark Parton, Leanne Castley, Ed Cocks, Jeremy Hanson, James Milligan, Deborah Morris
  6. What the Assembly decidedAgreed

    Recorded vote on the final question

    Ayes 15

    • Andrew Barr, Suzanne Orr, Michael Pettersson, Tara Cheyne, Chris Steel, Rachel Stephen-Smith, Caitlin Tough, Taimus Werner-Gibbings
    • Peter Cain, Mark Parton, Leanne Castley, Ed Cocks, Jeremy Hanson, James Milligan, Deborah Morris

    Noes 6

    • Andrew Braddock, Jo Clay, Laura Nuttall, Rebecca Vassarotti
    • Fiona Carrick, Thomas Emerson
    Final agreed wording, with changes marked

    That this Assembly: (1) notes: (a) the Chief Minister’s announcement to create an ACT Data Centre Framework (ACTDCF) to ensure consistency and clarity for investors; and (b) that under the Planning Act 2023, development proposals requiring approval are subject to the development application process and assessed against the Territory Plan; (c) the ACT already has comprehensive requirements for the approval of data centres; (d) that Canberra’s role as Australia’s seat of government provides a unique opportunity to attract digital infrastructure investment and creates a particular need for secure and reliable digital infrastructure; (e) that data centres support nationally significant activities, including: (i) government service delivery; (ii) weather forecasting and climate modelling; (iii) environmental monitoring and natural resource management; (iv) scientific and academic research; (v) cyber security and critical infrastructure protection; and (vi) emergency management and disaster response; (f) the growth of Al is increasing demand for high-performance computing and secure data storage, making sovereign data centres increasingly important for keeping sensitive data and Al capabilities under Australian control; and (g) that data centres contribute to investment, highly skilled employment, construction activity, technology capability and economic diversification in the ACT; andBarr (2) calls on the ACT Government to: (a) ensure the ACT Data Centre Framework: (i) requires data centre proponents to demonstrate how the additional energy and network capacity required by their development will be provided, including through investment in additional generation, storage or other infrastructure, without transferring additional costs to existing households and businesses; (ii) ensures planning requirements are clear, proportionate and provide certainty for investment by identifying appropriate locations for future data centre investment and associated digital infrastructure; (iii) provides transparency regarding energy, water and infrastructure impacts; (iv) supports renewable energy use, energy efficiency, water efficiency and innovation in infrastructure design; and (v) ensures appropriate community consultation and engagementBarr; (b) actively pursue and facilitate investment in data centres and associated digital infrastructure that leverages Canberra's strengths in government, defence, cyber security, research and advanced technology, including by identifying appropriate investment-ready locations and providing clear pathways for prospective investors; (c) engage with major domestic and international data centre operators, digital infrastructure providers and major users of data centre capacity to promote the ACT as a destination for appropriate digital infrastructure investment; (d) collaborate with NSW and the Commonwealth on matters relating to energy, water, digital infrastructure and regional planning associated with data centre investment; and (e) consider innovative approaches to improve energy productivity and reduce emissions, including waste heat recovery opportunities, while recognising that major data centres are not appropriate within public pool and aquatic centre precinctsBarr.

    Original and final wording compared

    That this Assembly: (1) notes: [taken out: the:](a) [put in: the]Chief Minister’s announcement to create an ACT Data Centre Framework (ACTDCF) to ensure consistency and clarity for investors; and (b) [put in: that under the Planning]Act [taken out: has around 15 data centres already, and there][put in: 2023, development proposals requiring approval]are [taken out: current applications for new data centres which may not be]subject to the [taken out: proposed framework; (2) further notes that: (a)][put in: development application process and assessed against the Territory Plan; (c) the ACT already has comprehensive requirements for the approval of]data centres; [taken out: are energy and water intensive][put in: (d) that Canberra’s role as Australia’s seat of government provides a unique opportunity to attract digital infrastructure investment]and [taken out: operate 24 hours][put in: creates]a [taken out: day; (b) demand][put in: particular need]for [put in: secure]and [taken out: development of,][put in: reliable digital infrastructure; (e) that]data centres [taken out: is growing rapidly across Australia][put in: support nationally significant activities, including: (i) government service delivery; (ii) weather forecasting]and [taken out: community concern about their use][put in: climate modelling; (iii) environmental monitoring]and [taken out: impact][put in: natural resource management; (iv) scientific and academic research; (v) cyber security and critical infrastructure protection; and (vi) emergency management and disaster response; (f) the growth of Al]is [taken out: widespread; (c) data centres pose a high risk][put in: increasing demand]for [taken out: environmental damage][put in: high-performance computing]and [taken out: are not listed in the Planning (General) Regulation 2023 as a development requiring an environmental impact assessment; (d) without appropriate regulations,][put in: secure]data [put in: storage, making sovereign data]centres [taken out: high energy and water use will impact household and business energy bills][put in: increasingly important for keeping sensitive data]and [taken out: could undermine our climate emissions reduction targets;][put in: Al capabilities under Australian control;]and [taken out: (e)][put in: (g) that]data centres [taken out: with closed loop water systems will still require significant amounts of water from our environment;][put in: contribute to investment, highly skilled employment, construction activity, technology capability]and [taken out: (3)][put in: economic diversification in the ACT; and (2)]calls on the [put in: ACT]Government to: (a) [taken out: create an ACTDCF that:][put in: ensure the ACT Data Centre Framework:](i) requires data [taken out: centres][put in: centre proponents]to [taken out: (A)]demonstrate [taken out: clear and enduring local economic][put in: how the additional energy]and [taken out: social benefits for Canberra including opportunities for local employment, skills][put in: network capacity required by their]development [taken out: and community wealth building as a primary threshold for approval; (B) purchase][put in: will be provided, including through investment in additional generation, storage]or [taken out: create][put in: other infrastructure, without transferring]additional [taken out: 100 percent renewable energy][put in: costs]to [taken out: match their demand by using Renewable Energy Guarantee of Origin (REGO); (C) ensure they do not increase electricity or water prices for Canberra][put in: existing]households [taken out: (D) use flexible demand, backed][put in: and businesses; (ii) ensures planning requirements are clear, proportionate and provide certainty for investment]by [taken out: renewable solutions; (E) meet the full costs of any energy, water or utility][put in: identifying appropriate locations for future data centre investment and associated digital]infrastructure; [taken out: upgrades attributable to their development or expansion; (F) implement best practice][put in: (iii) provides transparency regarding energy,]water and [put in: infrastructure impacts; (iv) supports renewable]energy [put in: use, energy]efficiency, [taken out: as standard, currently closed loop]water [taken out: use; (G) be battery backup only, that is, not diesel generator backup;][put in: efficiency]and [taken out: (H) be sustainable][put in: innovation]in [taken out: demands on the ACT’s limited water supply; (ii) increases transparency of the magnitude of current][put in: infrastructure design;]and [taken out: future water consumption, energy use][put in: (v) ensures appropriate community consultation]and [taken out: climate pollution by][put in: engagement; (b) actively pursue and facilitate investment in]data centres [taken out: (iii) has built-in reviews to enable best practice to continue to be updated;]and [taken out: (iv) ensures adequate community input,][put in: associated digital infrastructure that leverages Canberra's strengths in government, defence, cyber security, research and advanced technology,]including [taken out: First Nations traditional custodians,][put in: by identifying appropriate investment-ready locations and providing clear pathways]for [put in: prospective investors; (c) engage with major domestic and international]data centre [taken out: development or expansion; (b) review the Planning Act 2023 and the Territory Plan to ensure that the water supply, environmental][put in: operators, digital infrastructure providers]and [taken out: ecological impacts][put in: major users]of data [taken out: centres are addressed as part of the Development Application process; (c) undertake a deliberative participatory process to include and enable Canberrans, including First Nations traditional custodians, to provide input][put in: centre capacity]to [put in: promote]the [taken out: ACTDCF; (d) consider innovative options such as co-locating data centres with public pools to use cooling water][put in: ACT]as a [taken out: heating source; (e) consider a levy on data centres or other mechanisms to ensure long-term wealth benefits of data centres continue to recirculate to the Canberra community; (f)][put in: destination for appropriate digital infrastructure investment; (d)]collaborate [taken out: and coordinate]with NSW and the [taken out: Federal Government][put in: Commonwealth]on [taken out: interjurisdictional][put in: matters relating to energy, water, digital infrastructure]and regional [taken out: water matters including factoring][put in: planning associated with]data [taken out: centres into any future water][put in: centre investment;]and [put in: (e) consider innovative approaches to improve]energy [taken out: negotiations;][put in: productivity]and [taken out: (g) enact a moratorium on new][put in: reduce emissions, including waste heat recovery opportunities, while recognising that major]data centres [taken out: until the ACTDCF is in place.][put in: are not appropriate within public pool and aquatic centre precincts.]

    Compared word by word by computer, ignoring punctuation. It shows what differs, not which change made each difference; the steps above show that.

Check the official record

  • Minutes of Proceedings No 70, 24 September 2026, item 17

Find these on the Assembly’s chamber documents page. Wording is quoted from the Minutes, © ACT Legislative Assembly, CC BY-NC-ND 4.0. Our reading is automatic and may contain errors; agreeing to a motion is not the same as doing what it asks. Report a problem