Malaysia legislation
Section 12
Section 12
The principal Act is amended by inserting after section 11
the following sections:
“Application for grant of licence 11a. (1) A person may apply to the Commission for a licence for the activities mentioned in section 11 subject to such prescribed fee as may be imposed by the Commission.
(2)
Any person applying for a licence under subsection (1)
shall provide to the Commission the following details:
(a)
in the case of a licence for distribution, retail or use of gas:
(i)
area of supply;
(ii)
site location plan showing the proposed location of the premises to be installed with the pipeline and its neighbouring area;
(iii)
piping layout showing details of pipeline routes including the location of any storage tank or cylinder, site boundary, deflection wall and the nearest sources of ignition;
(iv)
technical specifications of the pipeline or piping system;
(v)
certification of the pipeline or piping system;
and
(vi)
any other information as may be required by the Commission; and
Gas Supply (Amendment)
(b)
in the case of a licence for import into regasification terminal, regasification, shipping or transportation of gas, any details as required by the Commission.
(3)
All persons applying for a licence under this Act shall comply with the principles and procedures as may be prescribed by the codes or guidelines issued by the Commission for the purpose of making such application.
Grant of licence 11b. (1) The Commission may grant—
(a)
a licence for the regasification or distribution of gas, with the approval of the Minister; or
(b)
a licence for the transportation of gas, to a person designated by the Minister; or
(c)
a licence for the import into regasification terminal, shipping, retail or use of gas, on such terms and conditions as may appear to be requisite or expedient having regard to the duties imposed by section 4 and on payment of such prescribed fee as may be imposed by the Commission.
(2)
A licence shall not be granted to any person—
(a)
if the grant of the licence may, in the opinion of the
Commission, give rise to a conflict of interest in the discharge of any duty imposed on the person under this Act or any other licence granted to him under this section; or
(b)
who is not incorporated in Malaysia or does not have a place of business in Malaysia, except for a licence for the import into regasification terminal.
(3)
For the purpose of granting a licence under this section, the Commission may grant more than one licence to any person as the Commission deems fit.
(4)
No licence shall be capable of being transferred, assigned, sub-assigned or otherwise disposed of unless the written consent of the Minister or the Commission has been obtained.
(5)
Licences may be for such periods as the Commission may in each case approve.
(6)
Any licence granted under this section may extend to the determination of the area of the licensed activity by the
Commission.
(7)
Subject to the approval of the State Authority, any licence granted under this section may authorize the licensee to lay, place or carry on, under or over State land, to the extent and in the manner specified in the licence, such pipelines and piping system and to erect and maintain in or upon State land such other equipment as may in the opinion of the Commission be necessary or proper for the purposes of the licence, and subject always to the approval of the State Authority, the said authorization may be given or added to at any time during the currency of the licence.
Power to impose additional terms or conditions 11c. (1) The Commission may at any time—
(a)
impose any additional terms or conditions on a licence, including existing licences; or
(b)
amend any terms or conditions previously imposed on any licence, in accordance with the procedure as may be prescribed.”.
Amendment of section 12