Planning, Development and Infrastructure (General) (Data Centres) Amendment Regulations 2026
The Planning, Development and Infrastructure (General) (Data Centres) Amendment Regulations 2026 (the Amendments) commenced on 13 August 2026, amending the Planning, Development and Infrastructure (General) Regulations 2017. The Amendments give effect to the State Government’s commitment to support investment in artificial intelligence infrastructure by facilitating the establishment of data centres in South Australia.
The Amendments introduce a new regulation 3CB, which excludes certain preparatory works associated with data centre developments from the definition of development under the Planning, Development and Infrastructure Act 2016 (PDI Act).
For the purposes of regulation 3CB, the exclusion applies where the works are undertaken by an “authorised entity” and comprise one of the following activities:
(a) siting, levelling, excavation or filling works, other than on coastal land or in a designated flood zone, subzone or overlay;
(b) works to construct a road or access point; or
(c) the installation of fencing.
An “authorised entity” for the purposes of this regulation, is an entity that intends to undertake development for the purposes of a data centre and has been granted written authorisation by a State agency for the purposes of regulation 3CB.
Before commencing any such preparatory works, regulation 3CB(2) requires the authorised entity to:
(a) give notice of the proposed works to the council for the area in which the works are to be undertaken; and
(b) furnish the council with –
(i) description of the nature of the proposed works; and
(ii) so far as may be relevant, details of the location, siting, layout and appearance of the proposed works.
While these preparatory activities are excluded from the requirement to obtain development authorisation under the PDI Act, regulation 3CB(2) ensures that councils will at least be informed of proposed works occurring within their respective areas.
The introduction of regulation 3CB is intended to facilitate a more efficient development pathway by enabling preliminary works associated with data centres to be undertaken prior to assessment of the final development proposal.
Importantly, although the specified preparatory activities may not require development authorisation under the PDI Act, proponents must still obtain any approvals, authorisations or consents required under other applicable legislation.
For more specific information on any of the material contained in this article please contact Gavin Leydon on +61 8 8210 1225 or gleydon@normans.com.au
