Digital Infrastructure Bill · As enacted · Part 4 · Licensing of Data Centre Operators
27. Conditions of DC licence
Official textFrom Singapore Statutes Online, unchanged
The Authority may grant or renew a DC licence subject to any conditions that the Authority may determine.
For the purpose of subsection (1), the Authority may specify —
conditions applicable to all licensees;
conditions applicable to a specified class of licensees; or
conditions applicable to a specified licensee only.
Without limiting subsection (1), the conditions that may be imposed include the following:
a condition requiring the licensee to pay to the Authority periodic licence fees for the duration of the DC licence of a prescribed amount;
a condition requiring the licensee to commence operation of the data centre that is the subject of the licence (called in this subsection the subject data centre) within a specified period;
a condition requiring the licensee to perform specified tasks or achieve specified goals that the licensee had undertaken to perform or achieve as part of the licensee’s application for the grant or renewal of a licence, which tasks or goals relate to the licensee’s proposed business activities in Singapore (including but not limited to activities related to the operation of data centres) that will, in the opinion of the Authority —
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
likely contribute to the development or enhancement of Singapore’s status as a digital economy;
a condition requiring the licensee —
to identify a suitable low‑carbon energy project to be located in Singapore which is to supply electricity directly or indirectly to the subject data centre;
to establish, fund and implement the project (whether by itself or working with one or more other persons), including obtaining any necessary regulatory approvals; and
to commence drawing electricity directly or indirectly from the project for the operation of the subject data centre by a specified date;
a condition requiring the licensee to arrange, by a specified date, for reckonable greenhouse gas emissions produced in connection with the generation of electricity (that is not low‑carbon electricity) used by the licensee to operate the subject data centre, to be —
disposed of, processed or stored (including by a specified method of disposal, processing or storage), whether in or outside Singapore; or
mitigated by the acquisition and surrender of eligible international carbon credits (including specified eligible international carbon credits);
a condition requiring the licensee to arrange, by a specified date, for electricity to be imported (including from a specified source) and used to operate the subject data centre;
a condition requiring the licensee not to use more than a specified amount or proportion of electricity generated from any specified energy source to operate the subject data centre during any specified period.
The Authority may at any time, on the Authority’s own initiative or on the application of a licensee, modify any condition of a DC licence imposed under subsection (1).
Before making any modification under subsection (4) on the Authority’s own initiative, the Authority must, unless subsection (10) applies, give notice to the licensee and any other licensee likely to be affected by the modification —
stating that the Authority proposes to make the modification in the manner specified in the notice;
stating the reasons why the Authority proposes to make the modification; and
specifying the time (being not less than 28 days after the date of service of the notice) within which written representations with respect to the proposed modification may be made.
Upon receiving any written representations mentioned in subsection (5)(c), the Authority must consider the representations and may —
reject the representations; or
withdraw or amend the proposed modification in accordance with the representations or otherwise.
Where —
the Authority rejects any written representations under subsection (6)(a);
the Authority amends any proposed modification to the condition of the licence under subsection (6)(b); or
no written representation is received by the Authority within the time specified by the Authority under subsection (5)(c), or any written representation made by the licensee is withdrawn, and the licensee has not given immediate effect to the modification,the Authority must issue a written direction to the licensee requiring that effect be given within a reasonable time to the modification as specified in the notice given under subsection (5), or as amended by the Authority under subsection (6)(b), as the case may be.
An application under subsection (4) must be —
made in writing to the Authority in the form and manner determined by the Authority;
accompanied by such information and documents as may be determined by the Authority; and
accompanied by the prescribed fee, if any.
Upon receiving an application under subsection (4), the Authority may —
modify the condition in accordance with the application or otherwise; or
reject the application.
However, where the Authority considers that it is impracticable or undesirable, in the circumstances of the particular case, to give notice under subsection (5) before modifying a condition of the DC licence under subsection (4) because of any act, omission or thing that is of such a serious nature that it adversely affects the integrity of the operation of the data centre, the Authority may, by giving notice to that licensee, modify a condition of the licence with immediate effect.
In this section —
“low‑carbon electricity” means any electricity that is generated using —
energy from any renewable energy source; or
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;
“low‑carbon energy project” means a project consisting of the construction, improvement, extension, replacement, acquisition or leasing of any infrastructure or property (including the acquisition of any intellectual property), to enable the generation of low‑carbon electricity (including the import, production, transportation and storage of any fuel used to generate such electricity), and the disposal, processing, storage or transportation of any waste produced in connection with the generation of low‑carbon electricity.
Part 5
Reconsiderations and Appeals
Part 6
Enforcement
Part 7
Miscellaneous
Part 8
Related Amendments to Cybersecurity Act 2018
Part 9