Malaysia legislation
Section 57
of ENVIRONMENT (REDUCTION OF GREENHOUSE GASES EMISSION) ORDINANCE, 2023
Section 57
⎯(1)
Majlis Mesyuarat Kerajaan Negeri may make rules generally for carrying out the provisions of this Ordinance and, in particular, those rules may provide for⎯
(a)
submission of carbon emission reports to the Controller and the reporting standards and requirement to be adopted;
(b)
qualifications and registration of accredited external auditors;
(c)
assessment of carbon levy and appeals against such assessment;
(d)
the establishment of a Tribunal to hear appeals against assessment and its procedures;
(e)
rectification of carbon register and carbon register accounts of a registered business entity belonging to the scheduled economic sector;
(f)
the direct capture or removal of greenhouse gases from the atmosphere and matters incidental thereto;
(g)
voluntary capture of greenhouse gases by any plant, facility or premises not belonging a scheduled economic sector;
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(h)
determination of carbon price for Carbon Credit Units issued under this Ordinance and the amounts of Carbon Credit
Units that can be used for offset;
(i)
regulating the registration, sale, transfer, retirement, cancellation and removal of Carbon Credit Units issued under this
Ordinance;
(j)
setting carbon emission thresholds for the purposes of this Ordinance;
(k)
the energy performance of specific type of facilities and energy performance ratings for such facilities and matters incidental thereto;
(l)
the monitoring of carbon emission threshold or level at any registered business entity;
(m)
the relief, remission or refund of carbon levy and financial penalty;
(n)
the criteria for acceptance or eligibility of Carbon Credit
Units for registration in the Carbon Register of Carbon Credit
Units;
(o)
the regulating the flaring and venting of petroleum or greenhouse gases;
(p)
the prescribing of fees, dues, levies, or financial penalties imposed under this Ordinance;
(q)
the prescribing of any form in respect of any matter to be carried out under this Ordinance; and
(r)
any thing which requires to be prescribed or provided for as may be necessary or expedient for giving full effect to the provisions of this Ordinance.
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FIRST SCHEDULE
Economic Sectors
(Sections 3 and 9)
A. OIL AND GAS SECTOR
Exploration, production and processing of petroleum or gas whether onshore or offshore Sarawak and all activities related to carbon capture and storage.
B. ENERGY SECTOR
Generation, production and transmission of electricity.
C. OTHER SECTORS
Such other economic sectors as Majlis Mesyuarat Kerajaan Negeri may determine by notification published in the Gazette.
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SECOND SCHEDULE
Greenhouse Gases and Global Warming Potential
No
Greenhouse Gas
Chemical formula of greenhouse gas
*Global
Warming
Potential
(100-year)1 1
Carbon dioxide
CO2 1 2
Nitrous oxide
N2O
273 3
Methane
CH4 27.9 4
Sulphur hexafluoride
SF6 24,300
Hydrofluorocarbons (HFCs):
5
HFC-23
CHF3 14,600 6
HFC-32
CH2F2 771 7
HFC-41
CH3F
135 8
HFC-125
CHF2CF3 3,740 9
HFC-134
CHF2CHF2 1,260 10
HFC-134a
CH2FCF3 1,530 11
HFC-143
CH2FCHF2 364 12
HFC-143a
CH3CF3 5,810 13
HFC-152
CH2FCH2F