Malaysia legislation
Section 12
Section 12
(2)
A licence may at any time be suspended or revoked by the
Commission upon breach of any of the conditions thereof or in default of payment of any moneys accrued due thereunder, or if the licensee ceases to construct or operate the pipeline or installation which he was authorized to do under the licence granted to him:
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Provided that where a licence has been suspended or revoked under this subsection the licensee may, if he considers that he has suffered or may suffer undue hardship by reason of the suspension or revocation, appeal to the Minister against the suspension or revocation, as the case may be, and the decision of the Minister on the appeal shall be final.
(3)
The licensee shall not be entitled to compensation for any loss of revenue caused to him by the suspension or revocation of a licence under this section.
(4)
Upon the suspension of a licence, the Commission may—
(a)
require the licensee to rectify any breach of any condition of the licence or to pay any moneys accrued due thereunder within a certain specified period; and/or
(b)
in the interest of the public, authorize another person to continue operating the pipeline or installation if the pipeline or installation or part thereof has been in operation for the period of suspension.
(5)
If the Commission is satisfied that the licensee has complied with the requirement under paragraph (4)(a) the suspension may be lifted and the licensee may be allowed to continue the construction or operation of the pipeline or installation, as the case may be. If the
Commission is not satisfied, the Commission may revoke the licence.
(6)
Upon revocation of a licence, the Commission may—
(a)
require the licensee, within a reasonable period of time, to remove his pipeline or installation or part thereof at the licensee’s costs;
(b)
acquire the pipeline and installation or part thereof on payment of adequate compensation to the licensee, and appoint another licensee to complete the construction of
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the pipeline or installation or to supply gas through the acquired pipeline or installation, as the case may be; or
(c)
authorize another licensee, on payment of adequate compensation, to acquire the pipeline or installation or part thereof and complete its construction or supply gas through the acquired pipeline or installation, as the case may be.
(7)
If a licence is revoked under this section the security shall be forfeited as the Commission deems fit.
(8)
In subsection (1)—
“operational costs” means all costs calculated by the Commission to be the costs of operating the supply of gas through any pipeline or installation including wages, costs of fuel, spare parts, labour charges and lubricants but not including capital costs or loans.