PRELIMINARY
Citation and commencement
State Subsidiary LegislationIn force
Ocean Thermal Energy Conversion Licensing Regulations 2025
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- Enacted
- 2025
- Sections
- 7
Ocean Thermal Energy Conversion Licensing Regulations 2025 is Malaysia State Subsidiary Legislation, cited as State Subsidiary Legislation 2025 2025, currently marked in force and first recorded in 2025.
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(No. 1 of 2024)
OCEAN THERMAL ENERGY CONVERSION (LICENSING)
REGULATIONS 2025
(G.N.S. 7 of 2025)
____________________________
Opening note
Preamble
- IN exercise of the powers conferred by paragraph 37(e) of the Ocean Thermal Energy Conversion Enactment 2024 [No. 1 of 2024], the Minister makes the following regulations:
Part I
Section 1
(1)
These regulations may be cited as the Ocean Thermal Energy Conversion
(Licensing) Regulations 2025.
(2)
These Regulations come into operation on the date of its publication in the
Gazette. [24-04-2025]
Interpretation
Section 2
In these Regulations, unless the context otherwise requires ―
“construction” means any building, installation, removal or renovation of any structure or components which are used to build an ocean thermal energy conversion facility or plantship; and
“operation” means the production of energy or the carrying out of activities in an ocean thermal energy conversion facility or plantship.
Part II
LICENSING
Application for licence
Section 3
(1)
An application for a licence to carry out any exploration activity, construction or operation of a facility or plantship shall be made to the Commission in the form and manner as
3
determined by the Commission and shall be accompanied by a fee as prescribed in the First
Schedule.
(2)
The application under subregulation (1) shall be ―
(b)
accompanied by any information, particulars or document, as may be determined by the Commission.
Section 4
Grant of licence
(1)
The Commission may, with the approval of the Minister and after considering the application for a licence under regulation 3 ―
(a)
approve the application and grant a licence to the applicant on such terms and conditions as it deems necessary by the Commission and upon payment of the prescribed fee in the Second Schedule; or
(2)
A licence granted under this subregulation (1) shall be valid for such period as specified in the licence.
Section 5
Renewal of licence
(1)
An application for the renewal of a licence granted under regulation 4 shall be made in the form and manner as determined by the Commission and shall be accompanied by a fee as prescribed in the First Schedule.
(2)
If an application for the renewal of licence is approved, the Commission shall issue a new licence to the applicant and may impose any conditions as it thinks fit.
COMPLIANCE
Section 6
Safe use and maintenance
A licensee shall ―
(a)
comply with all safety and environmental standards set by the relevant authorities or any other standard deemed appropriate by the Commission;
4
(b)
submit periodic compliance report to the Commission on the health, safety, security and environment management plan set by the relevant authorities;
(c)
maintain the facility or plantship in accordance with the standards determined by the Commission or any other standard deemed appropriate by the Commission;
(d)
submit a decommissioning plan one year before the expiry of the licence and ensure the site is restored to its original state upon decommissioning;
and
(e)
submit quarterly reports on environmental impact, energy generation and resource utilization.
Part IV
MISCELLANEOUS
Fees payable to the Commission
Section 7
Any fees payable under these Regulations shall be paid to the Commission in such manner as may be determined by the Commission and shall not be refundable in any circumstance.
FIRST SCHEDULE
[Subregulations 3(1) and 5(1)]
LICENCE FEE
Subject matter
(2)
Application for licence 1000.00
Renewal of licence 1000.00
5
SECOND SCHEDULE
[Subregulation 4(1)]
GRANT OF LICENCE FEE
Activity
(5)
Exploration
Small 50,000.00 500.00
Nil
Medium 100,000.00
Large 250,000.00
Construction
Small 100,000.00 1000.00
Nil
Medium 200,000.00
Large 500,000.00
Operation
Small 100,000.00 2500.00 10.00
Medium 400,000.00 5000.00 20.00
Large 1,000,000.00 5000.00 20.00
The area in column (4) refers to the specific geographical boundaries on the ocean surface.
Made 21 April 2025
DATUK SERI PANGLIMA HAJI HAJIJI BIN HAJI NOOR
Chief Minister of Sabah
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