Data centres

The data centre sector is expanding rapidly. With this comes detailed planning, resource demands, complex infrastructure and increased public awareness.

We have a role in regulation during planning, development, construction and operation. For example, we:

provide statutory planning advice under the Victorian Planning Provisions when a proposal:
- does not meet threshold distances in accordance with clause 53.10, and/or
- triggers a development licence or operating licence under clause 66.02.
issue development and operating licences for K01 (power generation: burning fossil fuels) and G04 (bulk storage).

We also regularly run compliance and enforcement activities for data centres. These can include targeted inspections, responding to pollution reports and investigating complaints.

Your legal obligations

The Environment Protection Act 2017(opens in a new window) establishes the legal framework for protecting human health and the environment in Victoria from waste and pollution.

Duties

The Act sets out 13 duties to protect human health and the environment. Duties apply to individuals and businesses.

The general environmental duty applies to any activity that creates a risk of harm to human health and the environment.

Other duties may also apply to your activities, including:

Regulations

The Environment Protection Regulations 2021(opens in a new window) support the Act to address some risks of harm that need further controls.

There may be specific requirements that apply to your activities under the Regulations.

Permissions

Under the environment protection legislation, we issue permissions for some activities. These include licences, permits and registrations. Different types of permissions have different requirements.

Find which permission you need.

Compliance and enforcement

We:

support businesses to comply with the law through guidance and education
enforce the law if the environment or community is deliberately or negligently exposed to harm.

Our authorised officers visit businesses and premises to conduct inspections, provide advice and assess compliance with the law and any specific permission conditions.

Local councils also have powers to enforce certain environmental laws.

Risk management

It's your responsibility to understand and manage the risk of harm to human health and the environment from pollution and waste from your data centre’s operation or associated activities.

Use a risk management process to help you eliminate or reduce risks so far as reasonably practicable.

Common hazards

A hazard is something that can cause harm to human health or the environment, particularly if it's not managed well.

As part of the risk management process, you must identify hazards and assess their risks.

Common hazards that may be present at data centres include:

This is not a complete list, but it gives you an idea of some hazards that may impact human health and the environment. Every business is different and has a unique set of hazards and risks.

If you need more information to better understand hazards in your business, sources of information include:

Department of Transport and Planning for information about Victoria’s planning system
Local councils for information on building regulations and the Victorian planning schemes and what they mean for your operations
Victorian Building Authority for information about Victoria’s building regulatory framework
WorkSafe Victoria for guidance and advice relating to health and safety at your workplace, including storing, handling and transporting dangerous goods
Fire Rescue Victoria for guidance and advice relating to fire safety design.

Control measures

The controls you put in place depend on your business activities and hazards.

Check controls regularly to make sure that they’re working, well maintained and effective and that they remain the most appropriate option.

We also have some information about controls: