Malaysia legislation
Section 24
of ENVIRONMENT (REDUCTION OF GREENHOUSE GASES EMISSION) ORDINANCE, 2023
Section 24
⎯(1)
Where the carbon emission at a facility of any registered business entity, as recorded in the carbon emission report submitted to the Controller under section 6, exceeds the carbon emission threshold determined by the Majlis Mesyuarat Kerajaan
Negeri under section 8, and the registered business entity is unable or unwilling to mitigate, abate or reduce the carbon emission level to the said threshold, there shall be imposed on that registered business entity a penalty in the nature of a carbon levy.
(2)
The amount of the carbon levy imposed under subsection (1)
shall be assessed based on the formula of A x B where –
(a)
A is the carbon dioxide equivalent of the total amount of greenhouse gas emission recorded in the carbon emission report referred to in subsection (1), rounded up to the nearest metric tonne; and
(b)
B is the carbon levy rate as determined by Majlis
Mesyuarat Kerajaan Negeri by notification in the Gazette.
(3)
The carbon levy charged under subsection (1) accrues as a liability of the registered business entity at the end of the reporting period for which the carbon levy is assessed and shall be paid in accordance with this Part.
(4)
Notwithstanding anything under this section, the registered business entity who has been given approval by the Controller for his plan submitted under section 8(1)(b) shall not be imposed levy under this section during the period stipulated in the plan for reduction of carbon emission:
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Provided that the registered business entity shall, at all times, comply with all the conditions and requirements of the said approved plan.
Assessment of carbon levy