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Part 4 · Licensing of Data Centre Operators

25. Criteria for grant, etc., of DC licence

(1)

This section applies where the Authority is making a decision on any of the following:

(a)

whether to grant or refuse to grant a DC licence under section 24;

(b)

whether to renew or refuse to renew a DC licence under section 24;

(c)

whether to impose conditions on a DC licence under section 27(1);

(d)

whether to modify any condition of a DC licence under section 27(4).

(2)

The Authority must have regard, and give such weight as the Authority considers appropriate, to all of the following matters when making the decision:

(a)

when making a decision mentioned in subsection (1)(a) or (b) — the experience of the applicant in the operation of data centres of the type the application relates to (whether in Singapore or elsewhere), and the ability of the applicant to perform the duties which would be imposed on that person under this Part and under the DC licence, if granted or renewed;

(b)

when making a decision mentioned in subsection (1) — the energy efficiency and water efficiency of the data centre to be operated under the DC licence;

(c)

when making a decision mentioned in subsection (1) — whether it would be contrary to the public interest for the decision to be made.

(3)

When making a decision mentioned in subsection (1), the Authority may also have regard, and give such weight as the Authority considers appropriate, to one or more of the following matters:

(a)

the characteristics of the energy sources from which electricity to be used by the applicant to operate the data centre is generated, including —

(i)

the renewability of each energy source;

(ii)

the extent to which any greenhouse gas is emitted when electricity is generated from each energy source; and

(iii)

whether and the extent to which the energy sources are one or more prescribed energy sources;

(b)

whether and the extent to which any reckonable greenhouse gas emissions produced in connection with the generation of electricity (that is not low‑carbon electricity) to be used by the applicant to operate the data centre will be —

(i)

disposed of, processed or stored;

(ii)

mitigated by the acquisition and surrender of eligible international carbon credits; or

(iii)

disposed of, processed or stored, or mitigated, via one or more methods prescribed by the Minister;

(c)

whether and the extent to which the electricity to be used by the applicant to operate the data centre will be —

(i)

imported from outside Singapore; or

(ii)

imported from one or more sources prescribed by the Minister;

(d)

the bearing that the energy consumption of the data centre may have on Singapore’s strategy to meet Singapore’s international commitments in relation to reducing the amount of greenhouse gases emitted from activities in Singapore;

(e)

the extent to which the current and proposed business activities of the applicant in Singapore (including but not limited to activities related to the operation of data centres) will, in the opinion of the Authority —

(i)

likely be of economic or strategic importance to the growth, expansion, development or wellbeing of Singapore’s economy, including Singapore’s status as a hub for technological innovation or other business activities that will enhance the international standing or competitiveness of Singapore’s economy; or

(ii)

likely contribute to the development or enhancement of Singapore’s status as a digital economy; (f)any other matters and evidence that may be relevant.

(4)

The Authority must, in determining the matter set out in subsection (3)(e), have regard to the opinion of the EDB.

(5)

The Authority may, in determining the matters set out in subsection (2)(b) or (3)(a), (b), (c) or (d), consult and have regard to the views of relevant public authorities.

(6)

In addition, the Authority must not grant or renew a DC licence unless —

(a)

the applicant is —

(i)

a company;

(ii)

a corporation formed or incorporated outside Singapore; or

(iii)

the trustee‑manager of a business trust;

(b)

the applicant has a permanent place of business, or a registered office, in Singapore;

(c)

at least one officer of the applicant —

(i)

is a citizen of Singapore or permanent resident of Singapore; (ii)is ordinarily resident in Singapore; or

(iii)

if the applicant satisfies such conditions as may be prescribed — belongs to a prescribed class of persons;

(d)

the applicant satisfies such financial requirements as may be prescribed;

(e)

the Authority is satisfied that the applicant meets such other criteria for the grant or renewal of the licence as the Authority considers relevant; and

(f)

the applicant satisfies such operational requirements as the Authority may specify.

(7)

In this section —

“low‑carbon electricity” has the meaning given by section 19A(6) of the Energy Market Authority of Singapore Act 2001;

“officer”, in relation to an applicant, means any director, or other person responsible for the management, of the applicant;

“prescribed energy source” means —

(a)

any renewable energy source; or

(b)

any low‑carbon fuel by which the emission of any greenhouse gas may be reduced or minimised when the fuel is used for the generation of electricity,that is prescribed by the Minister.

Report

Part 5

Reconsiderations and Appeals

Part 6

Enforcement

Part 7

Miscellaneous

Part 8

Related Amendments to Cybersecurity Act 2018

Part 9

Saving and Transitional Provisions

Schedules