Data centre company lodges appeal against 'unreasonable' restricted generator use - ABC News & Headlines – Australian Broadcasting Corporation

Firmus Technologies' proposal to build an AI data centre at Bell Bay continues to face significant community opposition. (Supplied: Firmus Technologies)

Firmus Technologies is appealing against a council condition that restricts the use of backup generators at its 288-megawatt AI data centre to be built at Bell Bay.

The company, which plans to have 276 diesel generators, has called the condition "unreasonable" in its restrictions.

Along with the outcome of the appeal, Firmus Technologies is awaiting a decision by the state's electricity supplier on a request for 450 megawatts of energy for its three Tasmanian data centres.

AI data centre company Firmus Technologies is appealing against "unreasonable" council conditions that limit its use of 276 diesel generators at its recently approved Bell Bay data centre, in Tasmania's north.

In August, the George Town Council green-lit the 288-megawatt data centre to be built 15 kilometres south of the town.

But the council's approval came with 15 conditions.

Condition 13 states that generators must run only during an unscheduled failure or interruption to the mains electricity supply; during a routine inspection, testing or maintenance; or in response to a genuine emergency.

Firmus plans to install 276 backup, diesel-powered generators on the site. (ABC News: Peter Garnish)

The hours of routine inspection, testing and maintenance of the backup diesel generators must only occur "between 8am and 6pm, Monday to Friday", and "exclude public holidays".

"The backup diesel generators must not be operated to provide electricity during normal operations, or to augment the mains electricity supply."

Simultaneous routine inspections and testing of more than one generator also cannot be undertaken for more than a total of 24 hours across any calendar year.

The condition also calls for strict usage times and the reporting of when generators are used.

The new data centre will be built south-east of George Town. (ABC News: Mitchell Woolnough)

On September 10, Firmus submitted an appeal to the Tasmanian Civil and Administrative Tribunal (TASCAT) seeking to vary the condition.

"…it restricts the operation of the approved backup diesel generators in a manner that fails to adequately recognise both the operational requirements of the facility, including the need to maintain operational efficiency and a secure and reliable electricity supply, and the benefits of their limited use during periods of electricity supply curtailment, network constraints or energy market stress," the application states.

An artist's impression of what the data centre would look like on the old pulp mill site. (Supplied)

The company wants the council to amend the conditions to "allow the operation of the backup diesel generators for limited augmentation of the mains electricity supply to offset curtailment, manage energy security and maintain operational reliability during periods of energy market stress".

In response to ABC questioning on how often the company anticipated the generators would be used, Firmus said in a statement that it "won't be commenting at this time".

Firmus Technologies' chief executives Tim Rosenfield (left) and Oliver Curtis. (ABC News: Morgan Timms)

Other conditions imposed by the council include an updated bushfire hazard and emergency management strategy, no vegetation clearing during eagle season, and air and noise quality assessments.

Before starting building works, Firmus will need to submit a new bushfire and emergency management plan, after the company reported the number of diesel generators it would have on site as 128 instead of 276.

The approval of the Bell Bay data centre means the company will become the state's single largest power user when the project is up and running.

Five appeals have been lodged with TASCAT to date regarding the data centre, including one from Firmus. (ABC News: Emily Smith)

The data centre proposal has attracted staunch opposition from the community, with an online petition garnering more than 6,000 signatures, while dozens of community members protested outside the council chambers ahead of the vote.

Firmus is not the only party to have appealed, with community members opposed to the council's decision also lodging appeals.

Rowella resident Nicholla Thompson moved to the rural locality about six years ago, keen for a quiet life surrounded by nature.

She said Firmus's appeal showed the company planned to use the generators more than it had disclosed.

Nicholla Thompson says Firmus's appeal suggests the company plans to use the generators more than it had disclosed. (ABC News: Morgan Timms)

Rowella is a riverside community in the West Tamar local government area and sits across the river from the data centre site.

Along with five other Rowella residents, including Anne-Marie Bastian, Ms Thompson has filed an appeal to TASCAT on the data centre's approval.

Local residents Nicholla Thompson (left) and Anne-Marie Bastian prepare their TASCAT appeal. (ABC News: Emily Smith)

Their concerns centre on light and noise pollution; the effect on the quality of life; and the impact on the local tourism industry, as there are several wedding venues nearby.

"We have award-winning vineyards sitting over there.

"We don't want diesel dust over the top of everything. I moved here for health reasons. I don't want to be breathing bad air again."

Energy security is one of the issues raised by locals opposed to the data centre. (ABC News: Morgan Timms)

Last month, Ms Thompson was one of the protesters outside the council chambers.

She said she was "flabbergasted" to see Firmus's appeal when she filed hers.

"We need to slow things down and really have a good look before we just start slapping [data centres] up anywhere."

The distance from the data centre to Rowella is about a kilometre. (Supplied)

Ms Thompson said that to date, three other appeals were listed on the TASCAT website in addition to hers and Firmus's.

Appeals are only visible to the interested parties.

The appeal comes as state electricity supplier Hydro Tasmania has said it expects to decide whether to approve Firmus's request for 450 megawatts (MW) of power across its three facilities — equivalent to up to 30 per cent of the state's current energy use — by the end of the year.

Along with Firmus's recently approved data centre in the Bell Bay Advanced Manufacturing Zone, its 104-megawatt facility outside Launceston is under construction, and a development application has been submitted for a 52-megawatt centre in Wesley Vale, east of Devonport.