AI data centre company starts development work without a permit - ABC News & Headlines – Australian Broadcasting Corporation

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AI data centre company starts development work without a permit  ABC News & Headlines – Australian Broadcasting Corporation

Works were taking place at Firmus Technologies' Wesley Vale site on Friday. (Supplied: Erin Woodcock )

Latrobe Council is assessing whether Firmus Technologies has conducted illegal works on the site of its yet-to-be-approved project in north-west Tasmania.

Firmus says the works underway do not require planning approval.

Firmus has agreed to stop work while the council undertakes assessments.

AI infrastructure company Firmus Technologies appears to have conducted illegal work at its site in north-west Tasmania, a local council says.

Firmus submitted a development application to build a 52-megawatt AI data centre in Wesley Vale at the old paper mill site, but Latrobe Council has deferred making a decision — instead asking the Tasmanian government to assess it as a major project.

But now, it seems Firmus has begun work without a permit.

"We're concerned that some of the works may be occurring beyond the scope of the approved forest practices plan for the site," Latrobe Mayor Peter Freshney said.

"If it's outside of that then there'll be a stop work issued," he said.

Peter Freshney says Firmus has agreed to stop work while council conducts further assessments. ( ABC News: Luke Bowden)

He said Firmus had agreed to cease work while council conducted further assessments.

Cr Freshney said the approved forest practices plan allowed activities such as tree felling, stump removal, mulching and weed suppression.

"What we're seeing now though, I would suggest, is excavation to an extent that is not within the approved plan," he said.

Latrobe Council has not yet made a decision on the development. (Supplied: Erin Woodcock)

Cr Freshney said there were transportable buildings, piles of dirt and blue metal on site.

In a statement, a Firmus spokesperson said the works were part of general site maintenance, separate from the development application.

"These activities do not require planning approval and will take approximately four weeks to complete," the spokesperson said.

Firmus Technologies wants to build an AI data centre at Mill Park in Wesley Vale. (ABC News: Mackenzie Heard)

Cr Freshney said Firmus had committed in writing to working with the council.

"I suggest undertaking work without permits isn't consistent with that written commitment," he said.

"We will make this a priority and we expect the proponent to work with us to put this to bed and to ensure our community and our councils are respected and the processes are adhered to.

"This issue has now caused even further angst in our community, which is detrimental to community health and wellbeing, but also concerns held more broadly around data centres, evolving technologies and the like.

Tabatha Badger praised Latrobe Council for "following proper process and intervening". (ABC News: Luke Bowden)

Greens MP Tabatha Badger praised the council for intervening.

"Despite the lack of AI infrastructure guardrails, there are still laws in the state that must be complied with," she said. 

"If Firmus is indeed pushing ahead at Wesley Vale before having the right approvals, what else will they get up to? 

"Do Firmus think just because they sponsored the Tassie Devils they can get a free kick?"

Councils and residents have raised concerns that the planning framework does not allow councils to adequately assess AI data centres.

In coming to a decision about Firmus's 288-megawatt facility at Long Reach in northern Tasmania, George Town Council's planners told residents their concerns about issues such as power and water use fell outside of its scope.

Those limitations led Latrobe Council to ask Planning Minister Kerry Vincent to consider assessing the Wesley Vale proposal as a major project.

Latrobe Council has asked the state government to assess the Wesley Vale proposal as a major project. (ABC News: Mackenzie Heard)

Premier Jeremy Rockliff has previously rejected the idea, stating the current planning process was adequate.

But residents in the Wesley Vale area this month received a letter from the State Planning Office, on behalf of Mr Vincent, stating it was considering the request.

"As the proposal was referred from the Latrobe Council and not the proponent, Firmus Technologies, there is still further information to be provided before I can further consult with you on this matter," acting director Sean McPhail wrote to residents.

"After a complete major project proposal has been provided to government, further consultation will occur, including providing you with a copy of that major project proposal and allowing 28 days to provide any comments."

Firmus announced last week it wanted to build a research and development facility at Wesley Vale, which would go through a separate approval process to the proposed AI data centre.

"The facility will be used to test new battery energy storage and power management technologies, with a particular focus on reducing reliance on conventional diesel backup generation," the company said in a statement. 

New polling from EMRS shows more than half of Tasmanians oppose the development of AI data centres in the state.

Of the 517 Tasmanians surveyed, 54 per cent were opposed, 25 per cent were supportive, 17 per cent were neutral, and five per cent were unsure.

It showed Liberal voters were the only group in favour of AI data centres, while women and young people were the least likely to be supportive.

EMRS director Brad Stanfield said it was an "emphatic result".

"Only one in four Tasmanians support AI data centres, and fewer than one in 10 strongly support them," he said.

He described the partisan divide as "striking".

"Liberal voters are firmly in favour, in line with the government's strong backing of these projects, while every other voting group is opposed, including One Nation voters," he said.

"The gender and age gaps are also significant. Women and younger Tasmanians are considerably more sceptical than men, and that will need to be addressed by anyone hoping to shift public opinion."

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