Malaysia legislation
Section 29
of ENVIRONMENT (REDUCTION OF GREENHOUSE GASES EMISSION) ORDINANCE, 2023
Section 29
⎯(1)
(a)
a registered business entity has failed to make full payment of any carbon levy under section 28 (2) or (3) then without prejudice to the recovery thereof under section 28(6)(c);
and
(b)
that registered business entity has Carbon Credit Units in its Carbon Register account;
the Registrar, may upon the request of the Controller, supported by a certificate that the carbon levy and financial penalty had not been paid by the registered business entity, cancel the Carbon Credit
Units and remove it from the Carbon Register account, and the registered business entity is treated as having paid the carbon levy or the financial penalty imposed or both to the extent of the price of Carbon Credit Units so cancelled and removed:
Provided the amount of carbon price of Carbon Credit Units cancelled shall not exceed an amount of twenty per cent of the Carbon levy and financial penalty as stated in the certificate, which shall be conclusive
25
evidence of the balance outstanding and may be recovered by the
Government as a civil debt.
(2)
Where any Carbon Credit Units in a Carbon Register account for a registered business has been obtained by fraud or other unlawful means, the Registrar may cancel and remove it from that Carbon
Register account.
(3)
Any registered business entity that has any Carbon Credit Units cancelled or removed under subsection (1)⎯
(a)
is not treated as having paid any carbon levy or financial penalty in relation to the registered business entity to which the registry account relates, to the extent of the carbon price of the Carbon Credit Units so cancelled and removed; and
(b)
is not entitled to any refund on the Carbon Credit Units.
(4)
The Registrar shall issue notice to the registered business entity to show cause why the Carbon Credit Units stated in the notice should not be cancelled and removed prior to cancelling and removing
Carbon Credit Units under this section;
(5)
Upon cancellation and removal of Carbon Credit Units under this section, the Registrar shall make appropriate entry in the Carbon
Register of such cancellation and removal and notify electronically any other Register in which the Carbon Credit Units is registered.
Refund of Carbon levy