Material changes to the Planning, Development and Infrastructure (General) Regulations 2017 - data centres, aged care facilities and SA Water tree-damaging activity

15 September 2025

Reflecting the rapid pace of development and technological innovations occurring in our State and globally, the Planning, Development and Infrastructure (General) Regulations 2017  (the Regulations) were amended last Thursday as follows.

Data centres

• Data centres can now be approved through the essential infrastructure approval process under section 130 of the Planning, Development and Infrastructure Act 2016 (see new regulation 3DA of the Regulations).
• Where a data centre proposal is not assessed under either sections 130 or 131 (Crown development) of the PDI Act, the State Commission Assessment Panel is the relevant authority for such applications (see new clause 9A of Schedule 6 to the Regulations).
• Data centre applications made under section 131 or otherwise assessed by the SCAP must be accompanied by:
  • advice from SA Water that there is sufficient water supply to meet the requirements of the data centre; and
  • a certificate from the Technical Regulator confirming that it complies with their requirements relating to the reliability, security and stability of the State’s power system (see new regulation 107 and new clause 15A of Schedule 6 to the Regulations.

Interestingly, there is no express requirement for similar documentation in respect of applications made under section 130 of the PDI Act – though it is reasonable to expect that such information will be requested by the State Planning Commission as a matter of course, given that such facilities require large amounts of water and power to operate.

• Councils must be aware that data centres may include their own power generation source (solar farms are common).  All proposed renewable energy projects of over 5 MW in generating power and certain battery storage systems are wholly licensed and approved under the Hydrogen and Renewable Energy Act 2023, by-passing the PDI Act altogether.

Aged care facilities

• Aged care facilities, defined by new regulation 3DA of the Regulations to include supported accommodation for older people and a retirement village that is co-located with an aged care facility, can now be applied for and approved as essential infrastructure under section 131 of the PDI Act.

SA Water tree-damaging activity

• Tree-damaging activity undertaken to allow the provision of water supply or sewer services to land where the activity is undertaken by or with the written authority of SA Water is exempt from requiring any approval under section 131 of the PDI Act – see amended clause 2(1)(w) of Schedule 13 to the Regulations.

For further information please contact Victoria Shute on 8113 7104 or vshute@kelledyjones.com.au.