Malaysia legislation
Section 10
Section 10
Renewable Energy 15
(a)
the feed-in approval holder has failed to comply with any provisions of this Act, the Electricity Supply Act 1990 or any of their subsidiary legislation;
(b)
the feed-in approval holder has failed to comply with any of the conditions of the feed-in approval;
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(c)
the feed-in approval holder had improperly or illegally obtained the feed-in approval;
(d)
the feed-in approval holder has been convicted of an offence under this Act, the Electricity Supply Act 1990 or any of their subsidiary legislation;
(e)
a receiver, receiver and manager, provisional liquidator or like official has been appointed over the whole or substantial part of the feed-in approval holder’s assets and such appointment is not revoked or annulled within a period of sixty days from the date of such appointment; or
(f)
there has been a change of circumstances such that the feed-in approval holder would no longer be entitled to be granted a feed-in approval under this Act.
(2)
Before the Authority makes a decision under subsection (1), the
Authority shall give the feed-in approval holder—
(a)
a written notice of the Authority’s intention to revoke the feed-in approval; and
(b)
an opportunity to make written submissions within a period specified in the written notice which shall not be less than thirty days.
(3)
After the expiry of the period specified in the written notice, the
Authority shall, after considering any written submission made by the feed-in approval holder, decide whether or not to revoke the feed-in approval.
(4)
The Authority shall give the feed-in approval holder written notice of the Authority’s decision under subsection (3) as soon as practicable.
(5)
The feed-in approval holder shall not be entitled to any form of compensation from the Government, the Minister, the Authority or the
Renewable Energy 17
Commission if the feed-in approval is revoked in accordance with subsection (3).
(6)
The revocation of a feed-in approval under subsection (3) shall take effect—
(a)
on a date specified by the Authority in the written notice given under subsection (4); or
(b)
if no date is specified in the written notice given under subsection (4), on the expiry of thirty days from the date on which the notice is served on the feed-in approval holder.
(7)
If the revocation of a feed-in approval has taken effect, the feed-in approval holder shall immediately cease to be entitled to participate in the feed-in tariff system and to receive feed-in tariff payments.
Appeal