Anne-Marie Bastian and Nicholla Thompson are preparing to fight a multi-billion dollar company's plans to build an artificial intelligence data centre.
The two northern Tasmanians, who live in the riverside community of Rowella, are among the hundreds of locals outraged by the recent approval of Firmus Technologies' AI data centre, proposed for Bell Bay, which they say would be less than two kilometres from their homes.
Firmus Technologies has plans for three AI data centres in Tasmania's north.
As well as the 288-megawatt centre, approved with conditions by the George Town Council this week, a 104-megawatt facility is already under construction outside Launceston, and a development application has been submitted for a 52-megawatt centre in Wesley Vale, east of Devonport.
Some members of the community are so concerned they have threatened to sell their homes or not pay their rates.
But despite the pushback, George Town Council said it was bound by the planning scheme in its assessment of the project.
'We'll make it happen'
Ms Bastian and Ms Thompson, who are the president and secretary of the newly-formed Environmental Awareness Association, now plan to challenge the council's decision in the Tasmanian Civil and Administrative Tribunal (TASCAT).
After being formally notified of the council's decision, they have only 14 days to secure legal representation, crowd fund what they estimate could be $20,000-$50,000 in costs, and lodge the appeal.
"It's a ludicrous time frame given how long they had to put the application together and consider all of their options," Ms Bastian said.
The George Town Council assessed the data centre proposal under the Land Use Planning and Approvals Act 1993.
Ms Bastian said the association would use the argument it presented to Tuesday's council meeting — that "using a 33-year-old ruler" to measure something as "futuristic" as a data centre was inappropriate.
Vote on another data centre expected in October
Latrobe Mayor Peter Freshney, whose council takes in an area west of George Town, raised a similar point.
"We, as planning authorities, have to assess under an antiquated act [that is] unable to consider those things that primarily concern our constituents," Cr Freshney said.
Firmus's development application for a 52-megawatt data centre in Wesley Vale, which is in the Latrobe council area, was published this week.
Cr Freshney said he expected the council to vote on it in October — well before the federal government plans to legislate new national standards for AI data centres.
"I regret that work is retrospective rather than proactively doing that prior to these applications coming before planning authorities," Cr Freshney said.
'Major project' consideration
Cr Freshney said he would speak with his fellow councillors and staff about asking the state planning minister Kerry Vincent to declare the proposal a "major project".
That would mean the project would go to the Tasmanian Planning Commission, instead of the council, for approval.
Community members raised a similar idea with the George Town Council — suggesting the council ask Mr Vincent to declare it a "project of state significance", which would have also put the decision in the hands of the planning commission.
A major project is generally of regional significance, whereas a project of state significance is expected to have statewide impacts.
Several George Town councillors reported hearing Mr Vincent tell a Local Government Association of Tasmania meeting it would not be appropriate to consider the data centre a project of state significance, and a formal request was never made.
A state government spokesperson confirmed the government did not believe a project of state significance designation would be appropriate.
Tasmanian Premier Jeremy Rockliff also said the planning minister should not designate the proposed Wesley Vale data centre as a major project because it could be accommodated within the existing planning scheme.
But Cr Freshney said he believed that view could be tested, through a formal request to Mr Vincent to consider the data centre under the major projects framework.
He said he hoped to have that discussion with fellow councillors within the next week.
Social licence, broader impacts not considered
University of Tasmania Professor of Management David Adams said the Land Use Planning and Approvals Act was "not fit for purpose" to deal with AI data centres.
He said that was because it did not require consideration of the broader "cumulative impact" of multiple AI data centres.
He also said flow-on state or national effects, like the centres' impacts on water, energy supply and pricing, were beyond its scope.
"And another example is the idea of a social licence," he said.
He said while the Wesley Vale AI data centre would not meet the threshold to be considered as a project of state significance, it could be considered as a major project.
But with that option now off the table in George Town, Ms Bastian and Ms Thompson feel the stakes couldn't be higher for their TASCAT appeal.
"Tasmania loses a fantastic community to an AI factory," Ms Thompson said.
