This submission responds to the NSW Legislative Council Public Accountability and Works Committee Inquiry on Data Centres, focusing on planning frameworks, governance, transparency and accountability, and lessons from other jurisdictions. It argues for a stronger whole‑of‑life public accountability framework that treats data centres as significant infrastructure with environmental, social and public‑interest impacts. The submission examines gaps across planning and approval, operational oversight and decommissioning, and sets out 9 recommendations to strengthen regulation, transparency and accountability in NSW.

Recommendations

1. Develop firm threshold limits for energy and water usage and emissions targets, crossing which can trigger refusal of project approvals.
2. Introduce stringent consultation requirements and appeals mechanisms through co-design processes with Traditional Owners that include the capacity to delay or reject projects that lack support.
3. Ensure stringent requirements regarding environmental impacts, community engagement and consultation, and Indigenous leadership and consent-seeking apply in all circumstances, including fast-tracking
4. Establish a standardised operational reporting framework for data centres.
5. Develop a cumulative impact and upgrade assessment framework for expanding facilities and clustered developments.
6. Strengthen public transparency, community consultation and Indigenous engagement across the operational life of data centres.
7. Establish a standardised decommissioning framework for data centres.
8. Require data centre proponents to prepare decommissioning and rehabilitation plans from the outset, backed by an appropriate bond.
9. Embed public accountability, Indigenous engagement and respect for Country in decommissioning processes.