Malaysia legislation

Section 26

of Sabah Climate Change And Carbon Governance Enactment 2025

Section 26

(1)

An application for the certificate of registration of carbon rights shall be made by the applicant to the Director in the manner as prescribed.

(2)

The applicant shall submit together with his application —

(a)

the prescribed application fee;

(b)

the permit —

(i)

that had been issued to him under section 24; and

(ii)

that had been verified by the Council as suitable to carry out any carbon activity;

(c)

in relation to land not belonging to the applicant, a written agreement in the manner prescribed between the applicant and the owner; and

(d)

any information, particulars or document as may be determined by the Director.

(3)

The Director, in considering the application in subsection (2), may —

(a)

approve the application by issuing a certificate of registration of carbon rights, upon payment of a prescribed fee; or

(b)

refuse the application and state his grounds for refusal.

(4)

Upon issuance of the certificate of registration of carbon rights, the Director shall register such certificate in the Register in the name of the applicant and in relation to paragraph 2(c), notify the Director of Lands and Surveys on such issuance of certificate of registration carbon rights.

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(5)

Any person who contravenes subsection (1) or (2) commits an offence and shall, upon conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both, and in the case of a continuing offence, to a further fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction.

Rights conferred under registered certificate of registration of carbon rights

Section 26 — Sabah Climate Change And Carbon Governance Enactment 2025