* Renewable Energy Act 2011

Original Language Title: * Renewable Energy Act 2011

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Laws of MALAYSIA ONLINE VERSION of the PRINT TEXT that UPDATES Act 725 RENEWABLE ENERGY ACT 2011 As at 1 January 2016 2 RENEWABLE ENERGY ACT 2011 date of Assent......... 23 May 2011 date of publication in the Gazette of ... ... more June 2, 2011 last amended vide P.U. (A) 307/2015 commence on......... 1 January 2016 3 laws of MALAYSIA Act 725 RENEWABLE ENERGY ACT 2011 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation part II TARIFF INCENTIVE SYSTEM 3. The creation of incentive tariff system 4. Qualifications for participating in the incentive tariff system 5. Application for approval 6 encouragement. Information or additional documents 7. Grant of or refusal to give approval to encourage the 8. Conditions for the approval of encouragement 9. The authority to impose additional conditions and to alter or revoke terms 10. Revocation of approval of encouragement 11. Appeal PART III CONNECTION, purchase and DISTRIBUTION of RENEWABLE ENERGY 12. Power purchase agreement 4 renewable energy laws of Malaysia ACT 725 section 13. Connection to supply line 14. Priority purchase and distribution of 15. Technical requirements and operation of PART IV of the TARIFF to ENCOURAGE 16. Payment and period of tariff incentives 17. The reduction of tariffs to encourage the 18. Review and adjustment of the rate of reduction of 19. Earn money from renewable energy Fund 20. Fi administration 21. A grid equivalents 22. The use of resources to generate electricity cheat part V RENEWABLE ENERGY FUND 23. Renewable energy fund 24. Provision of electricity tariff 25. Expenses charged on renewable energy Fund 26. Investment 27. Account PART VI POWER COLLECTS INFORMATION 28. Performance audit 29. Provision of information 30. Proof of compliance with 31. The authority may retain documents 32. Access to renewable energy record 5 of section 33. Records of information 34. Publication of information 35. Errors due to non-compliant PART VII ENFORCEMENT 36. Authorized officers 37. 38 power cards. Power of investigation of 39. Search and seizure warrants with 40. Search and seizure without a warrant 41. Access to computerized data 42. A warrant is admissible even if flawed 43. List of things seized 44. The release of seized things 45. The power to require the attendance of the person who has knowledge of the 46 cases. Examination of the people with knowledge of the case 47. Admissibility of statements as evidence of 48. Authorized officers shall complete the investigation and handed it to police, 49. The cost for holding equipment, etc., seized 50. There are no costs or damages arising from seizure can be obtained 51. Obstruction 52. The extra power 53. Compounding of offence 54. Prosecution 55. Offences by body corporate 6 laws of Malaysia ACT 725 PART VIII GENERAL Section 56. The report on the implementation and performance of the tariff system 57 encouragement. Compliance with all other law 58. Instructions by the authorities, 59. Express 60. Power of Minister to make regulations 61. The power of the authority to make rules 62. Penalty for subsidiary legislation 63. Minister's power to amend the schedule of PART IX 64. SAVINGS and TRANSITIONAL Renewable energy generators existing 65. Existing licences table 7 laws of MALAYSIA Act 725 RENEWABLE ENERGY 2011 ACT an act to provide for creating and implementing a special tariff system to facilitate the generation of renewable energy and to provide for related matters.

[1 January 2011 with the exception of sections 17 and 18 – throughout the country except for Sarawak; and 31 December 2012 sections 17 and 18 – throughout the country except for Sarawak;
P.u. (B) 589/2011] enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the renewable energy Act 2011.

(2) of this Act come into force on such date as the Minister may, by notification in the Gazette, and the Minister may set different dates — (a) for the commencement of this Act in different parts in Malaysia;
(b) for the commencement of the provisions or parts of different parts in this Act; or 8 laws of Malaysia ACT 725 (c) for the commencement of different provisions in this Act in different parts in the country.


Interpretation 2. In this Act, unless the context otherwise requires — "prescribed" means prescribed by the Minister by regulations made under section 60 or required by the authorities by rules made under section 61, as the case may be;

"electricity" has the meaning assigned to it in section 2 of the electricity supply Act 1990 [Act 447];

"Auditors who are appointed" means any auditor appointed by the authority under section 28;

"the rate reduction" means reduction rate annual progressive tariff incentives specified in column of the Fifth Schedule;

"the approval of encouragement" means an approval granted under section 7;

"public safety" has the meaning assigned to it in section 2 of the electricity supply Act 1990;

"personal safety" has the meaning assigned to it in section 2 of the electricity supply Act 1990;

"grid equivalents", relating to the installation of certain renewable energy means a time when tariff incentive applicable to renewable energy installation that is equal to or cheaper than the cost of supply;

"supply cost" means the cost of the average the generation and supply of one kilowatt hour of electricity from sources other than renewable resources through online supply up to mutual relations with renewable energy installations;
Renewable energy 9 "Fund" means the renewable energy Fund established under section 23;

"distribute" means to handle, maintain and distribute electricity through electrical distribution network;

"Minister" means the Minister charged with the responsibility for matters relating to the supply of electricity;

"Finance Minister" means the Minister charged with the responsibility for finance;

"authorized officer" means any public officer, an officer of the authority or the Commission's officer authorized in writing by the Minister under section 36;

"the holder of the approval of encouragement" means a person who holds the approval of encouragement;

"distribution licensee" means the holder of a licence to distribute issued by the Commission under section 9 the electricity supply Act 1990;

"eligible generator" means a person who is eligible to apply to participate in the incentive tariff system under section 4;

"renewable energy installation" means an installation that generates renewable energy and includes any technical facilities for the installation that converts mechanical energy, chemicals, heat or electromagnetic directly to electricity;

"agreement of purchase renewable energy power" means the power purchase agreement between renewable energy distribution licensees with approval of encouragement under section 12;

"Authority" means the Sustainable Energy Development Authority established under the Sustainable Energy Development Authority 2011 [Act 726];

"electricity distribution network" means a system or part of the system at a nominal voltage less than 10 laws of Malaysia ACT 725 out of one hundred and thirty two kilovolt for line or electrical cable, for substesen and for equipment and buildings related to the carriage of electricity to any person regardless of whether a power plant connected to such systems;

"incentive tariff system" means the system established under section 3;

"renewable resource" means natural resources over and over again and will not be depleted or technology specified in the first column of the schedule;

"Commission" means the Commission established under the Energy Commission Act 2001 [Act 610];

"supply line" has the meaning assigned to it in section 2 of the electricity supply Act 1990;

"promotion tariff" means the tariff special due to the approval of encouragement in consideration of the renewable energy generated and sold to licensees of distribution set out in the third schedule;

"date of tariff incentives", in relation to the holder of the approval of encouragement, means the date when the renewable energy installation first generate renewable energy for commercial sales in accordance with the purchase agreement power energy can

new has been in force in accordance with section 12;

"effective period", in relation to the holder of the approval of encouragement means a period starting from the date of commencement incentive tariff as specified in column of the fourth schedule;

"renewable energy" means electricity generated or produced from renewable resources.






Renewable energy 11 PART II TARIFF SYSTEM to ENCOURAGE the creation of tariff system fueled by 3. (1) a tariff system was created to provide encouragement for — (a) connection to the supply line connections for distribution of renewable energy generated by renewable energy installations that belong to the holder of the approval of encouragement;
(b) priority purchase and distribution by licensees of distribution for renewable energy generated and sold by the holder of the approval of encouragement; and (c) incentive tariff is to be paid by licensees distributions to holders of approval of encouragement for such renewable energy.

(2) tariff incentive System shall be administered and implemented by the relevant authorities in accordance with the provisions of this Act.

(3) in carrying out its functions and its obligations under this Act, the authority shall give consideration to — (a) the objectives of this Act;
(b) the Government policy on renewable energy;
(c) the total funds in the Fund from time to time;
(d) the need for sustainability and diversity in renewable resources; and (e) the requirements of fair competition and transparency in the implementation of the tariff system of encouragement.





12 laws of Malaysia ACT for 725 joined tariff system fueled by 4. A person is eligible to apply for approval of encouragement that allows that person to participate in incentive tariff system if — (a) that person proposes renewable energy generation from renewable energy installations which have an installed capacity of not more than thirty megawatts or higher installed capacity approved by the Minister; and (b) the person meets any other criteria determined by the authority from time to time.


Application for approval of encouragement 5. (1) an eligible generators may apply to the Authority for approval of encouragement under section 7 by submitting an application in writing to the Authority in such manner and accompanied by any fee required by the authorities.

(2) an application under this section may be revoked at any time before the application is granted or denied.

(3) the authority may allow an application under subsection (1) is submitted through electronic intermediaries or by electronic transmission.

(4) for the purposes of subsection (3), the conditions and specifications under which an application shall be submitted shall be as determined by the authorities.


Information or additional documents 6. (1) the authority may, at any time after an application for approval of a promotion under section 5 is received, requesting eligible generators to provide information or additional documents relating to the application to the authority within the period specified in the request.
Renewable energy 13 (2) where any information or additional documents required under subsection (1) shall not be given by qualified generators within the period specified in the request or any extended period granted by the authority, the application shall be deemed to have withdrawn and cannot continue, but without prejudice to the rights of eligible to make generator application for new ones.


The granting or refusal of approving incentives 7. (1) the authority may, after considering an application for approval of a promotion under section 5 and the additional documents or information provided under section 6, approve or reject the application.

(2) the authority shall notify its decision under subsection (1) to eligible generators and distribution licensee concerned by notice in writing as soon as reasonably practicable.

(3) a notice in writing by the authority under subsection (2) shall state — (a) in the case if the application is approved, the fact the approval and conditions imposed under section 8; and (b) in the case if the application is denied, the fact of the refusal and the reasons for such rejection.

(4) the granting of approval by the incentive under this section shall be a private shareholders ' approval for the encouragement and approval of encouragement shall not be assigned or transferred to any other person except with the written approval from the relevant authorities in advance earlier.


Conditions for the approval of incentive 8. (1) if the Authority decided to give approval of encouragement under section 7, the authorities — 14 laws of Malaysia ACT 725 (a) shall impose all conditions standard for approval of encouragement as may be prescribed; and (b) may impose such special conditions as he thinks fit.

(2) the approval of encouragement shall comply with — (a) the standard terms laid down for the approval of the promotion;
and (b) any special conditions for the approval of such encouragement, imposed by the authority under subsection (1).

(3) a holder of a promotion approval fails to comply with any condition of approval encouragement under subsection (2) commits an offence and shall, on conviction, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding three years or to both.


The authority to impose additional conditions and to alter or revoke terms 9. (1) the authority may, at any time — (a) impose any condition in addition to the approval of encouragement; or (b) vary or revoke any conditions imposed on the approval of encouragement.

(2) before Authorities made a decision under subsection (1), the authority shall give the holder of the approval of the promotion — (a) a written notice of the intention of the authority, together with a copy of the draft imposition, alteration or cancellation of such conditions; and (b) an opportunity to make submissions in writing within the period specified in the notice, which shall not be less than thirty days.

Renewable energy 15 (3) after the expiry period specified in the notice, the authority shall, after considering any written submissions made by the holder of the approval of such encouragement, decide whether to impose such additional conditions, to change or revoke any conditions or not to take further action.

(4) the authority shall give the holder of the approval of encouragement a written notice of the decision of the authority under subsection (3) as soon as a practicable and such decision shall become effective on the date specified in the notice.


Cancellation of approval 10 incentive. (1) the authority may revoke an approval encouragement if — (a) the approval of the incentive has not complied with any provision of this Act, the electricity supply Act 1990 or any subsidiary legislation the acts;
(b) the approval of the incentive has not complied with any of the conditions of approval the encouragement;
(c) the approval of the incentive has been the promotion approval by means of improper or unlawful;
(d) the approval of encouragement that have been convicted of an offence under this Act, the electricity supply Act 1990 or any subsidiary legislation the acts;
(e) a receiver, receiver and Manager, a temporary or similar officer has been appointed for the whole or part of the assets of the holder of the approval of the incentive and the appointment is revoked or diungkaikan within sixty days from the date of appointment; or 16 laws of Malaysia ACT 725 (f) there is a change in the circumstances which caused the promotion approval holders no longer have the right to be given approval encouragement under this Act.

(2) before Authorities made a decision under subsection (1), the authority shall give the holder of the approval of the promotion — (a) a written notice of the intention of the authorities to revoke the approval the encouragement; and (b) an opportunity to make submissions in writing within the period specified in the notice, which shall not be less than thirty days.

(3) after the expiry period specified in the notice, the authority shall, after considering any written submissions made by the holder of the approval of such encouragement, decide whether to revoke the approval of the incentive or not.

(4) the authority shall give the holder of the approval of the written notice about the encouragement the decision of the authority under subsection (3) as soon as workable.

(5) the approval of the promotion will not be entitled to any form of compensation from the Government, the Minister, the authority or the Commission if approval of the promotion is cancelled in accordance with subsection (3).

(6) the cancellation of an approval of encouragement under subsection (3)

shall be in force — (a) on the date specified by the authority in the notice given under subsection (4); or (b) If no date specified in the notice given under subsection (4), upon the expiry of thirty days from the date of the notice to be served on the holder of the approval of the incentive.

(7) if the revocation of approval of encouragement has been in force, the approval of the promotion shall immediately not renewable energy 17 right to participate in the system of tariffs to encourage and to receive payment tariff incentive.


Appeal 11. (1) any person aggrieved by the decision of the authorities reject the application for approval of a promotion under section 7, which impose such additional conditions or amend or cancel any condition imposed on the approval of encouragement under section 9 or cancel the approval of encouragement under section 10 may, within thirty days from notification of the decision to him , appeal to the Minister in the prescribed manner.

(2) the Minister may, after considering an appeal under subsection (1), confirm, or vary the decision of the mengakas Authorities.

(3) the decision of the Minister under subsection (2) shall be final and binding.

PART III the CONTINUATION, purchase and DISTRIBUTION of RENEWABLE ENERGY power purchase agreement renewable energy 12. (1) when the notice is received by the authority under subsection 7 (2) that the application of the holder of the approval of the encouragement is approved, distribution licensees shall, within such period as may be determined by the authority, making the power purchase agreement with the renewable energy approval holders the incentive.

(2) Notwithstanding subsection (1), the licensee of distribution is under no obligation to make a power purchase agreement with the renewable energy approval encouragement if — (a) the approval of the incentive to make the deal refused; or 18 laws of Malaysia ACT 725 (b) the authority is of the opinion that — (i) there is a change in the circumstances which caused the promotion approval holders no longer have the right to be given approval encouragement under this Act; or (ii) is fair and reasonable for the distribution licence holders not to make the deal.

(3) power purchase agreement renewable energy shall be in the prescribed form by the authority and any deviation from the form requires written approval from the relevant authorities in advance.

(4) the authority may prescribe different forms of power purchase agreement for renewable energy with regard to renewable resources to be used and the capacity of the renewable energy installation is proposed.

(5) the approval of encouragement shall, in any period specified by the authority, submit a certified copy of the power purchase agreement for renewable energy that has been completed to the authorities for registration.

(6) the authority shall register any power purchase agreement renewable energy given to it under subsection (5) if the authority is satisfied that the power purchase agreement that renewable energy is in line with the provisions of this Act and its subsidiary legislation.

(7) power purchase agreement renewable energy will only be operative and enforceable when registered with the relevant authorities in accordance with this section.

(8) the authority shall maintain a register of all power purchase agreement renewable energy that is registered under this section.

(9) a distribution licensee who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one million dollars.

Renewable energy supply line Connection 19 13. (1) power purchase agreement If renewable energy was bound under section 12, the holder of the approval of encouragement can apply to licensees of distribution for the energy installations can hook-up baharunya to a place of supply line connection in such manner as prescribed by the authorities.

(2) upon an application under subsection (1) is received, the licensee shall connect the distribution of renewable energy installations to connecting the supply in any period specified by the appropriate authority.

(3) the location where the supply line connection applicable shall be determined by the licensee allocation, without prejudice to section 15.

(4) a distribution licensee who contravenes subsection (2) commits an offence and shall, on conviction, to a fine not exceeding one million dollars.


Priority purchase and distribution of 14. (1) if the renewable energy installation is connected to the supply line connections under subsection 13 (2), the licensee shall, as a priority distribution of electricity generated from renewable sources other than source, buy and distribute over the line supply total quantity of renewable energy that is generated by renewable energy installations that belong to the holder of the approval of the incentive unless exempted under subsection (2).

(2) the authority may exempt a licensee from distribution complies with subsection (1) for any period and under any circumstances that it deems fit by the authorities with regard to public security and safety.

(3) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one million dollars.
20 laws of Malaysia ACT 725 Technical Requirements and handling 15. The authority may, with the agreement of the Commission, sets out the rules which determine the technical requirements that must be complied with and handling by licensees of distribution and the approval of encouragement in the implementation of this part, including — (a) the duties and responsibilities of licensees of distribution and the approval of their respective incentive in respect of requirement;
(b) the period of time in which the requirements shall be complied with;
(c) distribution of costs incurred in connection with the requirements; and (d) the procedures and manner in accordance therewith plans, specifications and other documents should be submitted.

PART IV the payment INCENTIVE TARIFF and tariff incentive period 16. (1) subject to paragraph 21 (3) (a), the approval of encouragement shall, within the force, the tariff paid by incentive distribution licensees with it the incentive approval holder has made a power purchase agreement for renewable energy renewable energy generated by energy installations can baharunya based on the tariff applicable incentive as adjusted under section 18.

(2) the authority may set rules specifying the criteria to be met by renewable energy installations for the purpose of determining shareholders ' entitlement to receive encouragement approval tariff specific encouragement.





Renewable energy incentive tariff Reduction 21 17. (1) subject to subsection (3), the tariff incentive shall be reduced progressively each year based on the rate of reduction applicable starting on 1 January every year after the date of coming into operation of this Act.

(2) the annual reduction Rate is subject to review in accordance with section 18.

(3) no further reduction may be made to the tariff rates applicable to the holders to encourage approval of encouragement after the date of coming into operation in respect of the incentive tariff approval holders the incentive.


Review and adjustment of the rate of reduction of 18. (1) the authority shall review the rate reduction in respect of any category of renewable energy installations at least once every three years after the date of this Act, have effect for the purpose of enhancing the performance of the overall system of tariff incentives to achieve this act better.

(2) in conducting a review under subsection (1), the authority shall take into account — (a) the matters specified in subsection 3 (3);
(b) the ability of the holder of the approval of encouragement to recover their initial investment for renewable energy installations and they receive a satisfactory return in a reasonable time;
(c) the cost of time to complete, build, operate and maintain renewable energy installations using renewable resources that every particular;
(d) the efficiency of renewable energy installations which use every source of certain renewable based on current technology; and 22 laws of Malaysia ACT 725 (e) such other factors deemed relevant by the authorities.

(3) on a review under subsection (1) is completed, the authorities shall submit a report on the review to the Minister with or without recommendations for adjustment of the rate reduction.

(4) the Minister may, after considering the recommendation for a reduction in the rate of adjustments made by the authority under subsection (3), approve or reject the recommendations.


(5) if the Minister approves the recommendations made by the authority under subsection (4), he shall as soon as reasonably practicable, vary the rate of such reduction.

(6) the rate of the decrease varied shall not apply to the holder of the approval of the incentives that existed before the reduction rates varied effect.


Earn money from renewable energy Fund 19. A licensee is entitled to the distribution from the Fund, an amount of money equal to the difference between: (a) the amount of the incentive tariff paid by licensee distributions to holders of approval of encouragement in accordance with section 16; with (b) the costs to be borne by other licensees of the distribution to generate the same amount of electricity generated by the holder of the approval of the incentive based on the current cost of supply, in accordance with any procedures and calculation method laid down by the authorities.




Renewable energy renewable 23 20. Administrative fees, which shall be charged on the Fund, may be paid — (a) the licensee distribution, administering tariff payments encouraged to encourage approval under section 16; and (b) to the authorities, in implementing and administering the tariff incentive system under this Act, based on the rates determined by the Minister by order published in the Gazette.


Equivalence grid 21. (1) the authority shall determine whether a renewable energy installation certain have achieved grid equivalents.

(2) when the authority determines that an installation of certain renewable energy have reached equivalence grid, the authorities shall notify the holder of the approval and incentive distribution licensees concerning such achievement.

(3) Notwithstanding anything in this Act, when the determination of equivalence grid notified under subsection (2) — (a) a holder of an approval boost have renewable energy installations, it is not entitled to be paid incentive tariff and vice versa shall be paid by the licensee of a distribution tariff based on the current cost of supply for the remainder of the force; and (b) distribution licensees shall not be entitled to obtain from the Fund the amount of money referred to in section 19 and paid the administrative fee under paragraph 20 (a) in respect of any renewable energy installations.

24 laws of Malaysia ACT 725 resource usage in cheat to generate electricity 22. (1) any person who in any way generate electricity cheat of renewable energy installations using renewable sources other than specified in the approval of the applicable incentive for renewable energy installations to receive payment or the payment of higher tariff incentive of licensees allocating commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years or both.

(2) a written statement by an officer of the authority or any person authorized by the appropriate authority stating — (a) the amount of loss to the Fund due payment or a higher payment incentive tariff under subsection (1); and (b) the person responsible for the amount of the loss shall be prima facie evidence of the amount of loss to the Fund and the person responsible for the amount of the losses.

(3) the authority shall require the person referred to in subsection (1) to pay to the Authority the amount of loss to the Fund due to the payment or the payment of a higher tariff encouragement to that person under subsection (1).

(4) the amount set out in a written statement under subsection (2) that is not paid shall be considered as a civil debt due to the Authority by the person and can be obtained through civil action in court.






Renewable energy 25 part V FUND RENEWABLE ENERGY renewable energy Fund 23. (1) a fund known as the "renewable energy Fund" established and shall be administered and controlled by the authorities.

(2) the Fund shall consist of — (a) any sum of money allocated by Parliament for the purposes of the Fund from time to time;
(b) any sum of money paid to the authority under subsection 22 (4), 24 (1) and 24 (5);
(c) all moneys derived as income from investments made out of the Fund, including interest; and (d) all other moneys lawfully received by the authorities on behalf of the Fund.


Provision of electricity tariff 24. (1) subject to subsection (6), a licensee of distribution shall, if required by the Minister by order published in the Gazette, provide for and pay into the Fund, in such manner and at such rates as may be specified in the order, part of tariffs imposed by the distribution licence holder under subsection 26 (1) of the electricity supply Act 1990.

(2) a distribution licensee who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one million dollars.

(3) a written statement by an officer of the authority or any person authorized by the appropriate authority stating — 26 laws of Malaysia ACT 725 (a) part of the tariff payable under subsection (1) to be paid to the Fund; and (b) a distribution licensee is responsible for the unpaid portion of the tariff, shall be prima facie evidence of some unpaid tariffs due to the Fund and the distribution licence holders who are responsible for most of the unpaid tariffs.

(4) the authority shall require the licensee to pay a portion of the distribution tariff payable due to the Fund under subsection (1) to the authorities.

(5) the amount set out in a written statement under subsection (3) that is not paid shall be considered as a civil debt due to the Authority by the person and can be obtained through civil action in court.

(6) when recommended by the authority, the Minister may by order published in the Gazette on cancelling the requirement made under subsection (1) if he is satisfied that there is sufficient money in the Fund to meet the purposes of this Act.


Expenses charged on renewable energy Fund 25. Fund shall be expended for the purpose of — (a) section 19 and 20; and (b) generally pay any expenses for carrying out the provisions of this Act.


Investment 26. (1) money from the Fund shall, to the extent that money is not required or is not immediately required to be expended by the authority under this Act, the renewable energy invested 27 in such manner as approved by the Minister with the consent of the Minister of finance.

(2) the authority shall open and maintain an account or accounts to deposit money in the Fund by any bank or banks in Malaysia as he may deem fit, after consultation with the Minister and Minister of finance, and every such account shall be operated in such manner as allowed by the authorities.


27 account. (1) the authority shall cause proper accounts for and reports should be about its activities with respect to the Fund kept and shall, as soon as practicable after the end of the financial year, cause to be prepared for that financial year — (a) a statement of the accounts shall include a balance sheet and accounts of contributions and expenses; and (b) a statement of its activities in respect of the Fund.

(2) the authority shall, as soon as possible, send a copy of the statement of account certified by the Auditors and a copy of the Auditors ' report to the Minister shall cause a statement of the accounts and the Auditors ' report laid before both houses of Parliament.

PART VI performance Audit INFORMATION GATHERING POWER 28. (1) the authority may, at any time, running or appoint auditors to carry out audits on operations — (a) any licensee distribution to evaluate its compliance against this Act and its subsidiary legislation; and 28 laws of Malaysia ACT 725 (b) any approval holders to evaluate its compliance promotion against this Act, its subsidiary legislation and the conditions of the approval of encouragement.

(2) the authority shall give not less than twenty-four hours notice in advance of the audit under subsection (1) to the licensee or the holder of the approval of the distribution of encouragement may be.



Whistleblowing 29. (1) Notwithstanding any other law, if the authority has reasonable grounds to believe that any person — (a) have any information or any document relating to the implementation of the functions and powers of the authority under this Act or its subsidiary legislation; or (b) is able to provide any evidence that the authorities have reasonable grounds to believe is related to the implementation of the functions and powers of the authority under this Act or its subsidiary legislation, the authority may, by notice in writing, order that person — (A) to provide any such information to authorized officers in such manner and form and within the period specified in the notice or of any extended period granted by the authority;
(B) to produce any such document, whether in physical form or in electronic intermediaries, to authorized officers in the manner and within the period specified in the notice or of any extended period granted by the authority;
(C) to make copies of any such documents and to produce the copy to authorized officers in the manner and within the period specified renewable energy 29 in the notice or of any extended period granted by the authority;
(D) if the person is an individual, so that present, in a closed hearing, in front of authorized officers at a time and in a place specified in the notice to provide any evidence, either orally or in writing, and forward any documents, whether in physical form or in electronic intermediaries, in the manner and within the period specified in the notice or of any extended period granted by the authority;
(E) if that person is a body corporate or public body, so that causes officer competent corporate body or body is to present, at a closed hearing, in front of authorized officers at a time and in a place specified in the notice to provide any evidence, either orally or in writing, and forward any documents, whether in physical form or in electronic intermediaries , in the manner and within the period specified in the notice or of any extended period granted by the authority; or (F) if the person is a partnership, so as to cause an individual who is a partner in the partnership or an employee in the partnership to present, at a closed hearing, in front of authorized officers at a time and in a place specified in the notice to provide any evidence, either orally or in writing, and forward any documents , whether in physical form or in electronic intermediaries, in the manner and within the period specified in the notice or of any extended period granted by the authority.

(2) any person required to provide information or a document under subsection (1) shall ensure that the information or documents provided is true, accurate and complete and that person should provide a representation for that purpose, including a representation that he did not know of any information or other documents which are 30 laws of Malaysia ACT 725 may make information or document that is provided is not correct or misleading.


Proof of compliance 30. A person shall, if at any time called in writing by the Authority to do so, giving the authorities or officials given the currency of all documents and information owned by that person in relation to the extent of any provision of this Act or its subsidiary legislation, as required by the authorities in general or in relation to any particular case.


The authority may retain documents 31. (1) the authority may take possession and retain with as long as necessary a document granted by any person under this part.

(2) the person who provides the document has the right to be supplied, with as soon as practicable, a copy of which is certified by the appropriate authority as a true copy of the document.

(3) Notwithstanding any other written law, certified copy of the document shall be accepted by all courts and tribunals in evidence as if the copy is original.

(4) until a certified copy of the document provided, the authority shall, at any time and in any place deemed appropriate by the authorities, allowing those who provide the document or a person authorized by that person to examine and make copies of or take extracts from the original.

(5) where the authority is satisfied that the document is no longer need to be held save, the authority may restore the renewable energy 31 the document to the person giving the document under subsection (1) as soon as workable.


Access to records 32. (1) a person shall, if at any time requested by the authority by notice in writing, allowing Authorities, officers are given powers or he appointed auditors to gain access to their records for the purpose of carrying out any of the functions or powers of the authority under this Act or its subsidiary legislation.

(2) a person who fails to comply with a notice in writing under subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand dollars.


33 information records. (1) the authority shall maintain a record of all information or documents received in accordance with the order given under subsection 29 (1).

(2) a record maintained under subsection (1) may be made available to the public.


Publication information 34. (1) the authority may publish any information he received in the exercise of its functions and powers under this part.

(2) the authority shall consider the commercial interests of the parties to it the relevant information prior to posting the information.

(3) the authority may not publish any information or any part of any information disclosed to him if the broadcast — 32 laws of Malaysia ACT 725 (a) likely to affect one's fair trial; or (b) would involve the unreasonable disclosure are personal information about any individual, including those who have died, but the authority may publish a poll relating to such information provided that the details of the draw is not composed in such a way that would affect or harm the person who gave the information.


Errors due to non-compliant 35. A person who fails to comply with an order of the authority in accordance with this section commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.

PART VII ENFORCEMENT of authorized officers 36. (1) the Minister may, in writing, authorize any public officer, an officer of the authority or the Commission's officer to exercise the powers of enforcement under this Act or its subsidiary legislation.

(2) any person authorized under subsection (1) shall be deemed to be public servants within the meaning of the Penal Code [Act 574].


Card power 37. (1) the authority shall issue to each authorized officers a power card shall be signed by the Chief Executive Officer of the authority.
Renewable energy 33 (2) whenever an officer is authorized to carry out any enforcement powers under this Act, he shall when required to demonstrate to the person against whom that power is being exercised authority card issued to him under subsection (1).


Power of investigation 38. (1) an authorized officer may investigate the activities of the holder of the approval of promotional, distribution licensees or others in connection with the Commission of an offence under this Act or its subsidiary legislation.

(2) in any case relating to the offence under this Act or its subsidiary legislation, any authorized officers carrying out an investigation may exercise all or any powers in connection with police investigations, except the power to arrest without a warrant, given by the criminal procedure code [Act 593].


Search and seizure warrants with 39. (1) If a Magistrate finds, based on the information given in writing of the authorized officers and after such inquiry as he thinks necessary, that there is reasonable cause to believe that an offence under this Act or its subsidiary legislation is being or has been committed in any premises, so that any evidence or anything necessary to conduct an investigation regarding the

an offence is possible on any premises, the Magistrate may issue a warrant which authorizes any authorized officers named in the warrant to enter the premises at any reasonable time either during the day or night, with or without assistance and if necessary with violence and the on-premises search and seize any evidence or such things , provided that there are no nothing can authorise any court other than the High Court to grant a warrant to search for an article to post, telegram or other document which is in the custody of the authorities of the post or telegraph.
34 the laws of Malaysia ACT 725 (2) without prejudice to the generality of subsection (1), the warrant issued by a magistrate can authorize a search and seizure — (a) a copy of any book, account or other document, including computerized data, which contains or is reasonably suspected to contain information about any offence suspected to have been committed; or (b) any document, fittings, equipment or any other reliably believed to be able to give evidence of the Commission of the offence.

(3) an authorized officer who is carrying out a search under subsection (1) may, for the purpose of investigating the offence, examine any person residing in or in the premises.

(4) an authorized officer who made the examination of a person under subsection (3) or section 40 may seize, or take possession of, and keep in safe custody of all things other than clothes necessary, who found on that person, and any other thing, for which has reason to believe is equipment or other evidence for the offence, and the thing may be detained until the person is discharged or released.

(5) No person shall be searched except by another person of the same sex, and such inspection shall be carried out with utmost politeness.

(6) If, by reason of the nature, size or the lesser amount, transfer any books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, fittings, apparatus or thing seized under this section is not feasible, the officer shall seize any means of avoiding books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, fittings, apparatus or thing is in the premises or container in which it was found.

(7) any person who, without lawful authority, break, interrupt or impair lak referred to in subsection (6) or transfer any books, accounts, documents, renewable energy data computerised 35, signs, cards, letters, pamphlets, sheet, notice, fittings, apparatus or thing dilak or attempting to do so commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.


Search and seizure without a warrant 40. If an officer is authorised are satisfied on information received that she had reasonable cause to believe that by reason of the delay in obtaining a search warrant under section 39 of the investigation will be affected or evidence of the Commission of an offence may be interrupted, removed, defaced or destroyed, the authorized officer may enter the premises and perform in, on and in respect of premises that all the powers referred to in section 39 in a way that fully and adequately as if he authorised to do so by a warrant issued under that section.


Access to computerized data 41. (1) An authorized officer who is carrying out a search under section 39 or 40 shall be given access to computerised data either stored in a computer or otherwise.

(2) for the purposes of this section, "access" — (a) include the given password, code encryption, encrypting code, software or hardware to be and any other means required to enable computerised data to understand; and (b) has the meaning assigned to it by section 2 (2) and (5) computer crime Act 1997 [Act 563].



36 laws of Malaysia ACT 725 Warrant is admissible even if flawed 42. A search warrant issued under this Act is valid and enforceable notwithstanding any defect, error or omission therein or in the application for the warrant and any fittings, equipment, materials, books, records, accounts, documents or things seized under the warrant is admissible as evidence in any proceedings under this Act or its subsidiary legislation.


List of things seized 43. (1) except as provided in subsection (2), where any equipment, tools, materials, books, records, accounts, documents or things seized under this part, the officer shall seize with as soon as practicable provide a list of the things seized and of the place where fittings, equipment, materials, books, records, accounts, documents or the thing respectively found and handed a copy of the list signed by him to the occupier of the premises have been searched , or ask your agent or pekhidmatnya, the premises.

(2) if the premises were unoccupied, officers seize shall whenever possible post up the list of things seized in the premises to see it.


The release of a thing seized 44. (1) where any equipment, tools, materials, books, records, accounts, documents or things seized under this Act, authorized officers making the seizure, may at any time after that release the fittings, equipment, materials, books, records, accounts, documents or the thing to the person who decided by him as legally entitled to equipment, tools, materials, books, records, accounts, documents or the thing if he is satisfied that the equipment , equipment, materials, books, records, accounts, documents or anything that's not otherwise required for the purposes of any proceedings under this Act or its subsidiary legislation, or for the purpose of any prosecution under renewable energy 37 of any other written law, and in such case officer who made the seizure, Federal Government, authority or any person acting on behalf of the Government or authority is not liable to any proceedings by any person if the seizure and release equipment , equipment, materials, books, records, accounts, documents or things that have been made in good faith.

(2) a written record shall be made by authorized officers who made the release of any equipment, tools, materials, books, records, accounts, documents or things under subsection (1) which sets out in detail the circumstances of and reasons for the release and he shall send a copy of the record to the public prosecutor and to the Chief of police within seven days from the release.


The power to require the attendance of the person who has knowledge of the 45 cases. (1) An authorized officer who is carrying out an investigation under this Act or its subsidiary legislation may by order in writing require the attendance before it of any person who in the opinion of the authorized officer has knowledge of the facts and circumstances of the case, and such person shall attend as so required.

(2) if any person refuses to attend as so required authorized officers may report such refusal to a magistrate shall issue a summons to secure the attendance of such person as may be required by an order made under subsection (1).


Examination of the people with knowledge of the case 46. (1) An authorized officer who is carrying out an investigation under this Act or its subsidiary legislation may examine orally any person alleged to have knowledge of the facts and circumstances of the case.

38 the laws of Malaysia ACT 725 (2) the person examined under subsection (1) that is legally bound to answer all questions relating to such case put to him by an officer authorized, but that person may refuse to answer any question that the answer may tend to expose him to a criminal charge or penalty or forfeiture.

(3) a person who makes a statement under this section shall be legally bound to state the truth, whether or not the statement was made in whole or in part in answering questions.

(4) an authorized officer examining a person under subsection (1) shall first inform that person of the provisions of subsection (2) and (3).

(5) a statement made by any person under this section shall, when possible, reduced to writing and signed by the person making it or affixed cap head jarinya, as the case may be — (a) after the statement was read out to him in a language he made it; and

(b) after he was given the opportunity to make any corrections he wanted.


Admissibility of statements as evidence of 47. (1) if any person charged with an offence under this Act or its subsidiary legislation, any statement, whether the statement is about addressing to a confessions or not or whether the statement is made orally or in writing, made at any time, whether before or after the person arrested and either in the course of an investigation under this Act or not and whether or not as a whole or in part in answering questions , by the person to or heard by an authorized officer or any other person, is admissible as evidence in his trial and, if the person charged with the submitting himself as a witness, any assertion of renewable energy such 39 can be used during cross-examination and for the purpose of challenging credibility.

(2) no statement under subsection (1) may be admitted or used — (a) if the making of the statement turned out to be on the Court has been caused by any inducement, threat or promise relating to the charge against the person that comes from a powerful and enough in the opinion of the Court to give the person charged with the reason that in its opinion is reasonable for menyangkakan that by making the statement he will get any interest or avoid any worldly comes in connection with proceedings against him; or (b) in the case of a statement made by that person after he was arrested, unless the Court is satisfied that he has been warned in the following words or words of similar meaning: "my duty to warn you that you are not obliged to say anything or to answer any question, but anything you specify, either in reply to a question or not , may be given in evidence. ".

(3) a statement made by a person before there is time to warned him not to make that statement to be inadmissible in evidence merely because that person will not be warned if he has been warned with as soon as possible after that.

(4) Notwithstanding anything to the contrary contained in any written law, any person charged with an offence to which subsection (1) applies shall not be bound to answer any question relating to the case after any warning referred to in paragraph (2) (b) was conferred upon him.


40 laws of Malaysia ACT 725 authorized officers shall complete the investigation and handed it to the police 48. When completed its inquiry into an offence under this Act or its subsidiary legislation, an authorized officer shall immediately give all information relating to the Commission of the offence to a police officer and a police officer may arrest a person who may have committed an offence under this Act or its subsidiary legislation.


The cost for holding equipment, etc., seized 49. If any equipment, tools, materials, books, records, accounts, documents or things seized under this Act or its subsidiary legislation are held in the custody of the Government or the authorities pending the settlement of any proceedings in respect of an offence under this Act or its subsidiary legislation, the costs of holding the thing in custody shall, if any person is found to have committed an offence, be a debt due by the person to the Government and shall be obtained accordingly.


There are no costs or damages arising from seizure can be obtained 50. No person shall, in any proceedings before any court in respect of any equipment, tools, materials, books, records, accounts, documents or things seized in exercising or purporting to exercise any of the powers conferred under this Act, be entitled to the costs of the proceedings or to any damages or other relief unless the seizure is made without reasonable cause.


Obstacles 51. Any person who — (a) refuses to give any officer authorized access to any premises which authorized officers renewable energy 41 is entitled to it under this Act or in the discharge of any duty imposed or power conferred by this Act;
(b) mengamang preventing menggalang or delay any officer authorized the making of any entry of authorized officers is entitled to make under this Act or in the discharge of any duty imposed or power conferred by this Act; or (c) refuse to give any authorized officer any information relating to an offence or suspected offence under this Act or its subsidiary legislation or any other information that may be required of them is reasonable and is in its knowledge or in his power to give, commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.


The extra power 52. An authorized officer shall, for the purposes of implementing this Act or its subsidiary legislation, have the power to do all or any of the following: (a) require the production of records, accounts, computerised data and documents stored by a person the holder of the approval or encouragement of others and to examine, review and to download them, make copies thereof or take extracts therefrom;
(b) require the production of any document identification of any person in relation to any case or of an offence under this Act or its subsidiary legislation;
(c) make such investigations as are necessary to determine whether the provisions of this Act or its subsidiary legislation has been complied with.

42 laws of Malaysia ACT 725 Compounding error 53. (1) the Minister may, by regulation, designate any offence under this Act or its subsidiary legislation as offence can compound.

(2) the authority may, with the written consent of the public prosecutor, compound any offence committed by any person under this Act or its subsidiary legislation and prescribed a compound with an offence may make an offer in writing to the person suspected to have committed the offence to compound the offence when paid to the authority for an amount not exceeding fifty per cent of the maximum fine for the offence within the time specified in the written offer.

(3) an offer under subsection (2) may be made at any time after the offence committed but before any prosecution for him started, and if the amount specified in the offer is not paid within the time stated in the offer, or any extension of time granted by the authority, prosecutions for the offence may be commenced at any time after that to the person to whom the offer is made.

(4) If an offence has been compounded under subsection (2), no prosecution shall be instituted in respect of the offence against the person to whom the offer is made, compound and any fittings, equipment, materials, books, records, accounts, documents or things seized under this Act or its subsidiary legislation related to the offence be released by the authority, subject to such terms and conditions as he thinks fit to impose upon such terms as the compound.

(5) all sums received by the authority under this section shall be paid into the Federal Consolidated Fund.





Renewable energy 43 Prosecution 54. No prosecution shall be instituted for any offence under this Act or any subsidiary legislation made under this Act except by or with the written consent of the public prosecutor.


Offences by body corporate 55. (1) where a body corporate commits an offence under this Act or its subsidiary legislation, a person who at the time of the Commission of the offence was a Director, Chief Executive Officer, Chief Operating Officer, General Manager, Secretary or other similar officer of the body corporate or purporting to act on any such property or in any way or to any extent is responsible for the management of any Affairs of the body corporate or assist in the management of such — (a) may separately or you jointly in the same proceedings together with the body corporate; and (b) if the body corporate is found to be guilty of that offence, shall be deemed to be guilty of such offence unless, having regard to the type of functions on the properties and all the circumstances, he proves —

(i) that the offence was committed without the knowledge, consent or pembiarannya; and (ii) that he took all reasonable steps and exercise all due diligence to avoid the Commission of the offence.

(2) whenever any of its agents or employees in the course of his career to do or not to do any act which the doing or omission to do so by the principal or his employer would be an offence against this Act, an agent or employee shall be guilty of that offence, and subsection (3) shall apply to the principal or his employer that.

44 the laws of Malaysia ACT 725 (3) if any person can under this Act or its subsidiary legislation apply any punishment or penalty for the Act, omission, neglect or disbelief, he shall be liable to the same punishment or penalty for every act, omission, neglect or default of any employees or agents, or employees to the agent, if the Act, omission, neglect or default that was done — (a) by an employee of that person in the course of his employment;
(b) by the agent while acting on behalf of that person; or (c) by employees to the agent in the course of her employment with the agent or otherwise on behalf of the agent acting on behalf of that person.


PART VIII GENERAL report on the implementation of the tariff system performance and 56 incentive. (1) the authority shall monitor all the important matters relating to the conduct and performance incentive tariff system and submit a report thereon to the Minister after the end of each financial year of the authority.

(2) in carrying out its functions under subsection (1), the authority shall take into account any guidance as deemed appropriate by the authorities.

(3) a Report shall be submitted by the authority under subsection (1) shall include the following: (a) the handling and administration of this Act and its subsidiary legislation;
(b) tariff reduction rates and incentive applicable;
(c) the Fund;
(d) any non-compliance by any person with the provisions of this Act and its subsidiary legislation;

Renewable energy 45 (e) the grant or revocation of any approval of encouragement;
(f) any deficiency in the scope or operation of this Act and its subsidiary legislation; and (g) other matters deemed necessary by the Minister.

(4) the authority shall publish the report in such manner as it thinks fit with as soon as practicable following the from date of the authority submitting the report to the Minister.


Compliance with all other law 57. For the avoidance of doubt, the granting of the approval of the encouragement by the authorities does not exempt the holder of the approval of the encouragement from the obligation to comply with all laws applicable to another, including the electricity supply Act 1990 and its subsidiary legislation.


Instructions by authorities 58. (1) the authority may from time to time issue directions in writing to any person regarding the compliance or non-compliance with any condition of approval of encouragement, including for breach of a condition of approval meremedikan encouragement or provisions of this Act or its subsidiary legislation.

(2) before making a direction under subsection (1), the authority shall issue a written notice to that person stating the type of compliance required.

(3) the person shall be given the opportunity to be heard or can submit a written submissions about the reason for the behavior or activities within a reasonable time stated in the notice.

(4) after the expiry of the notice specified in subsection (3), the authority shall consider any reasons provided by that person before making a 46 laws of Malaysia ACT 725 results in relation to the behavior or activity in respect of that person.

(5) after considering accordingly any reason given by that person, the authority may, by notice in writing, issue a direction under subsection (1) as soon as reasonably practicable requiring that person to take specified actions with a view to ensuring that the person does not contravene or not directly contravenes any of the conditions of approval of encouragement or any provision of this Act or its subsidiary legislation.

(6) the person shall comply with the instructions issued by the authority under subsection (5).

(7) a direction made by the authority under this section shall be registered with the as soon as reasonably practicable.

(8) the Instructions shall become effective from the date of registration or any later date specified by the authority in such directions.

(9) the Instructions shall expiry at any date specified by the authority in the written notice or, if no date is stated, the directive shall remain in force until the command is canceled.

(10) the authority may vary or revoke an instruction and procedure specified in subsection (2), (3), (4), (5), (7), (8) and (9) shall apply mutatis mutandis in respect of any variation or cancellation of an order.

(11) a person who fails to comply with the directions of the authority under this section commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.



Renewable energy 47 (12) the authority shall maintain a register of all orders issued by the authority under this section, including any variation or cancellation of an order.


Express 59. A person may, on payment of such fees as may be determined by the authorities — (a) inspect the register maintained under this Act;
and (b) make copies of, or take extracts from, such register.


Power of Minister to make regulations 60. The Minister may make regulations for all or any of the following purposes: (a) to prescribe the criteria that must be met in order for a particular energy source that can be considered as a renewable resources for the purposes of this Act;
(b) to prescribe any matter in relation to the Fund;
(c) to prescribe offences can be compounded and the form to be used and the methods and procedures for the compounding of offences for the purposes of section 53;
(d) to prescribe the manner of appeal under section 11;
(e) to set all other things as are necessary or expedient to set for the executing, or run better, the provisions of this Act.


The power of the authority to make rules 61. The authority may make any rules for all or any of the following: 48 laws of Malaysia ACT 725 (a) to agree on all matters pertaining to application for encouragement, including the eligibility criteria for applicants, the method of application and the duration, nature and conditions of the standard for approval of encouragement;
(b) to prescribe the form and content of the power purchase agreement renewable energy under section 12;
(c) to prescribe technical and handling requirements for the purposes of section 15;
(d) to set the criteria that must be met by renewable energy installations to determine his/her approval of encouragement to receive certain incentive tariff for the purposes of section 16;
(e) to establish a procedure for getting money out of the Fund and the method of calculation of the amount due to the licensee allocation under section 19;
(f) to prescribe fees that may be prescribed under this Act;
(g) to prescribe any matter to which this Act makes a provision to be determined by the authorities.


Penalty for subsidiary legislation 62. Regulations made under section 60 and the rules made under section 61 or any subsidiary legislation made under this Act may provide for any act or omission in violation of regulations, rules or other subsidiary legislation to be an offence and may provide for a penalty of a fine not exceeding three hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.




Renewable energy 49 Minister's power to amend Table 63. The Minister may, by order published in the Gazette, amend the schedule.

PART IX TRANSITIONAL SAVINGS and renewable energy Generators existing 64. (1) an eligible generator had completed an agreement for the sale and purchase of electricity by a licensee distribution before the commencement of this Act shall have the option of either — (a) to apply to join the incentive tariff system, terminate any such previous agreements with the licensees of distribution with the agreement of the licensee of the distribution agreement and made the purchase of renewable energy power prescribed under this Act; or

(b) continue under his agreement with existing distribution licensees and not participate in the system of tariff incentives.

(2) sections 5, 6, 7, 8, 9, 10 and 11 shall apply mutatis mutandis if the qualified generator referred to in subsection (1) have chosen to participate in the incentive tariff system.

(3) upon approval of the encouragement given to eligible generator referred to in subsection (1), Parts III and IV shall apply mutatis mutandis for the promotion approval holder except that the period in force applicable to the holder of the approval of encouragement shall be reduced by a period equal to the period in which the energy installations can baharunya has generated electricity for commercial sales to licensees of distribution before granting approval of the incentive.



50 laws of Malaysia ACT 725 existing License 65. Nothing in this Act shall be construed as to reduce or extend the validity period of a licence issued under section 9 the electricity supply Act 1990.



Schedule (Section 2) RENEWABLE RESOURCES, TARIFF INCENTIVES, the DURATION of the FORCE and RATE of REDUCTION in the first Second ANNUAL Space Space Space Space Space Third Fourth Fifth renewable renewable energy installation description of eligible tariff incentive (in dollars per kilowatt hour) duration of effect (from the date of commencement incentive tariff) annual reduction rate of Biogas (a) renewable energy Installations which have the capacity installed the basic incentive tariff Rates: (i) up to and including 4 megawatt 0.3184 16 years 0% (ii) more than 4 megawatts, and up to and including 10 megawatt 0.2985 16 years 0% (iii) exceeding 10 megawatts, and up to and including 30 megawatt 0.2786 16 years 0% (b) renewable energy Installations which has any one or more of the following criteria in addition to (a) above : tariff incentive bonus in addition to the basic tariff to encourage renewable energy 51 first column Second Column Space Third Fourth Fifth Space Space Renewable Resource renewable energy installation description of eligible tariff incentive (in dollars per kilowatt hour) duration of effect (from the date of commencement incentive tariff) annual reduction rate of (i) the use of gas engine technology with electrical efficiencies above 40% + 0.0199 16 years 0% (ii) use of gas engine technology made or
installed locally + 0.05 16 years 0% (iii) the use of landfills, waste gas or waste agriculture including animal waste as a source of fuel + 0.0786 16 years 0% Biomass (a) renewable energy Installations which have the capacity installed: tariff incentive basis (i) up to and including 10 megawatt 0.3085 16 years 0% (ii) exceeding 10 megawatts, and up to and including 20 megawatt 0.2886 16 years 0% (iii) more than 20 megawatts of , and up to and including 30 megawatt 0.2687 16 years 0% (b) renewable energy Installations which has any one or more of the following criteria in addition to (a) above: tariff incentive bonus in addition to the basic incentive tariff rate 52 laws of Malaysia ACT 725 first column Second Column Space Third Fourth Fifth Space Space Renewable Resource Description renewable energy installations eligible tariff incentive (in dollars per kilowatt hour) duration of effect (starting from of date of tariff reduction rate of annual encouragement) (i) use of technology pengegasan + 0.0199 16 years 0% (ii) the use of steam-based electricity generation system with overall efficiency exceeding 20% + 0.01 16 years 0% (iii) the use of boilers or pengegas made or installed locally + 0.05 16 years 0% (iv) the use of solid waste as a source of fuel + 0.0982 16 years 0% Hidrokuasa small (a) renewable energy Installations which have an installed capacity of up to and including 2 megawatts encourage tariff Rates
Basic 0.26 21 years 0% (b) renewable energy Installations which has installed more than 2 megawatts of capacity, and up to and including 10 megawatt 0.25 21 years 0% (c) renewable energy Installations which have an installed capacity of over 10 megawatts, and up to and including 30 megawatts of 0.24 21 years 0% renewable energy 53 first column Second Column Space Third Fourth Fifth Space Space Renewable Resource renewable energy installation description of eligible tariff incentive (in ringgit for each kilowatt hour) duration of effect (from the date of commencement incentive tariff) annual reduction Rate (a) Fotovolta solar renewable energy Installations which have an installed capacity of tariff rates on promotional basis (i) up to and including 4 kilowatts (individual) 0.8249 21 years 10% (ii) more than 4 kilowatts, and up to and including 12 kilowatts (individual) 0.8048 21 years 10% (iii) up to and including 4 kilowatts (not individual) 0.8249 21 years 10% (iv) more than 4 kilowatts , and up to and including 24 kilowatts (not individual) 0.8048 21 years of 10% (v) more than 24 kilowatts, and up to and including 72 kilowatts (not individual) 0.6139 21 years 15% (vi) more than 72 kilowatts, and up to and including 1 megawatt (not individual) 0.5930 21 years 15% (vii) in excess of 1 megawatt, and up to and including 10 megawatt (not individual) 0.4651 21 years 15% 54 laws of Malaysia ACT 725 first column Second Column Space Third Fourth Fifth Space Space Renewable Resource Description installation eligible renewable energy incentive tariff Rate (in dollars per kilowatt hour) duration of effect (from the date of commencement incentive tariff) annual reduction Rates (viii) exceed 10 megawatts, and up to and including 30 megawatts (not individual) 0.4162 21 years 15% (b) renewable energy Installations which has any one or more of the following criteria in addition to (a) above-tariff incentive bonus in addition to the basic incentive tariff rate (i) use as the installation building or building structure + 0.1550 21 years 10% (ii) use as building materials + 0.1325 21 years 20% (iii) use of module fotovolta solar made or assembled in Malaysia + 0.05 21 years 0% (iv) use of the Solar Inverter is made or assembled in Malaysia + 0.05 21 years 0% Geothermal renewable energy Installations which have an installed capacity of up to and including 30 megawatts encourage basic tariff of 21 0 0.45% of all intermediate calculation and tariff incentives in ringgit for each kilowatt hour final under this Schedule shall be rounded to four decimal places and if the digit in decimal places fifth is five or more, rounding should be with one at the fourth decimal place.

55 laws of MALAYSIA Act 725 RENEWABLE ENERGY ACT 2011 LIST AMENDMENT of laws that amend the short title effect from P.U. (A) 108/2013 P.U. (A) 374/2013 P.U. (A) 70/2014 P.U. (A) 335/2014 P.U. (A) 82/2015 P.U. (A) 307/2015 renewable energy (Amendment of schedule) 2013 renewable energy (Amendment of schedule) (No. 2) 2013 renewable energy (Amendment of schedule) 2014 renewable energy (Amendment of schedule) (No. 2) 2014 renewable energy ( Amendment of schedule) 2015 renewable energy (Amendment of schedule) (No. 2) 2015 28-03-2013 01-01-2014 15-03-2014 01-01-2015 06-05-2015 01-01-2016 56 laws of MALAYSIA Act 725 RENEWABLE ENERGY ACT 2011 LIST SECTION AMENDED Section Schedule Power amend P.U. (A) 108/2013 P.U. (A) 374/2013 P.U. (A) 70/2014 P.U. (A) 335/2014 P.U. (A) 82/2015 P.U. (A) 307/2015 with effect from 28-03-2013 01-01-2014 15-03-2014 01-01-2015 06-05-2015 01-01-2016

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