Section 35
Special powers in emergency
of Ocean Thermal Energy Conversion Enactment 2024
The Yang di-Pertuan Agong may, on the occurrence of any industrial unrest, strike, lock-out or any other event which gives rise to an emergency, or in the interest of public safety, authorize the Commission to
—
(a)
suspend the licence of any licensee, take temporary possession of any facility or plantship of such licensee and operate it in such manner as the Commission deems fit; or
(b)
withdraw either partially or totally the operation of any facility or plantship from any person or class of persons.
(2)
If any doubt arises as to the existence of an emergency or whether
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any act done under subsection (1) was in the interest of public safety, a certificate signed by the
Yang di-Pertuan Agong and exhibited at such places as the Minister deems fit shall be conclusive proof on the point.
(3)
Where the Commission takes possession of any licensees’ facility or plantship under paragraph (1)(a) the licensee shall be paid adequate compensation which shall be determined by the Commission after giving an opportunity to the licensee to be heard on the matter.