Malaysia legislation

Section 2

of ENVIRONMENT (REDUCTION OF GREENHOUSE GASES EMISSION) ORDINANCE, 2023

Section 2

⎯(1) In this Ordinance⎯

“accredited external auditor” means any person registered with the Board as an accredited external auditor in accordance with

Rules made hereunder;

“atmosphere” refers to the airspace above the land and

Sarawak waters which is waters above the continental shelf off the coasts of Sarawak;

“Board” shall have the same meaning assigned to it under the

Natural Resources and Environment Ordinance, 1993 [Cap.

(1958 Ed.)];

“business entity” refers to any corporation, company, firm or partnership undertaking any of the activities belonging to the

Economic Sectors stipulated in the First Schedule and any plant, factory or premises used for the undertaking of such activities;

“carbon capture” means the process capturing greenhouse gases generated through manufacturing, production, or other industrial processes or activities of scheduled economic sectors in the First Schedule so as to prevent greenhouse gases build up in or discharged into the atmosphere;

“Carbon Credit Units” means a unit of account representing one tonne of Emissions Reductions verified in accordance with a

Carbon Standard and this Ordinance and any applicable Carbon

Standard Rules and held in a Carbon Register;

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“Carbon dioxide equivalent” in relation to greenhouse gases, means the mass of the greenhouse gas multiplied by its global warming potential value as specified in the Second Schedule;

“carbon emission” refers to the emission or release into the atmosphere of any greenhouse gases specified in the Second

Schedule;

(a)

the Carbon Credit Units Register established under this Ordinance; or

(b)

an electronic database system or other system that is established and operated by or under a Carbon

Standard or on their behalf including the holding, delivery, retirement, cancellation, and replacement of Carbon Credit

Units in accordance with applicable Carbon Standard Rules;

“Carbon Standard” means a program or standard administrated by a mandatory or voluntary domestic or international GHG program, certification, scheme, protocol pursuant to which any activity or project for reduction, abatement and capture and storage of greenhouse gases is formally accepted and registered pursuant to the Carbon Standard Rules and in respect of which Carbon Credit Units are issued for into a Carbon

Register;

“Carbon Standard Administrator” means the Carbon

Standard Administrator appointed under section 11(3);

“Carbon Standard Rules” shall have the same meaning assigned to it under Section 70B of the Forests Ordinance, 2015

[Cap. 71] and includes any amendment, modification, replacement or substitution thereof;

“Carbon Storage Rules” shall have the same meaning assigned to it in the Land (Carbon Storage) Rules, 2022 [Swk. L.N.

349/2022]

and includes any amendment, modification, replacement or substitution thereof;

“carbon trading” means the buying, selling, trading of

Carbon Credits Units in accordance with this Ordinance and

Carbon Standard Rules in the voluntary or regulated markets

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within Malaysia or outside in international emission trading exchanges or mechanisms established pursuant to the Paris

Agreement or in the open market;

“Controller” shall have the same meaning assigned to it under the Natural Resources and Environment Ordinance, 1993

[Cap. 84 (1958 Ed.)];

“CO2” or “carbon dioxide” refers to carbon dioxide in its gaseous, liquid, liquefied or solid form including CO2 in CO2

streams;

“Emissions Reductions” shall have the same meaning assigned to it under Section 70B of the Forests Ordinance, 2015

[Cap.71] and includes any amendment, modification, replacement, or substitution thereof;

“facility” means any building, premise, platform, site or place on land within Sarawak either onshore or offshore where

CO2 is emitted in consequence of any process or activity of the scheduled economic sectors specified in the First Schedule and includes the owner or occupier of the facility;

“Government” means the State Government of Sarawak;

“greenhouse gases” or “GHG” means any carbon dioxide, methane, nitrous oxide, hydrofluorocarbon, perfluorocarbons, sulphur hexafluoride and any other substance recognised as greenhouse gas by the United Nation Framework Convention on

Climate Change (UNFCCC);

“low carbon solutions” means such measures, actions or programmes taken or adopted by any facility, commercial or industrial corporation or organisation for reduction of carbon emission in Sarawak or towards decarbonisation of operation or industrial process;

“Minister” means the Minister having responsibility for the environmental sustainability;

“Nationally Determined Contribution” means the Nationally

Determined Contribution submitted by Malaysia, from time to time, to the UNFCCC in accordance with the Paris Agreement including any amendment, treaty or agreement in replacement or substitution thereof;

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“Paris Agreement” shall have the same meaning assigned to it under the Forests Ordinance, 2015 [Cap. 71] and includes any amendment, modification, replacement or substitution thereof;

“petroleum” shall have the same meaning assigned to it under the Oil Mining Ordinance [Cap. 85 (1958 Ed.)] includes any amendment, modification, replacement or substitution thereof;

“Registrar” means the person appointed under Section 32 to maintain, administer and make entry into the Carbon Credit Units

Register;

“scheduled economic sector” means those economic sectors stipulated in the First Schedule;

“State” means the State of Sarawak;

“storage sites” shall have the same meaning assigned to it under the Carbon Storage Rules and includes any pipeline or terminal for the conveyance of greenhouse gases for storage or sequestration at the storage site; and

“usage” in reference to carbon dioxide means the processing or conversion of carbon to other products for industrial or other uses.

(2)

In this Ordinance, any reference to⎯

(a)

“carbon emission threshold” means the level of carbon emissions determined by the Majlis Mesyuarat Kerajaan Negeri upon recommendation of the Board for the purpose of sections 8(1)

and 24 and published by notification in the Gazette;

(b)

“registered business entity” means any corporation, company, firm, partnership, plant, factory, or premises registered under section 5 and belonging to any of the economic sector in the

First Schedule and includes any person who is the owner or operator thereof; and

(c)

“prescribed form” means a form prescribed by Rules made under section 57.

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Application