Malaysia legislation

Section 29

of Sabah Climate Change And Carbon Governance Enactment 2025

Section 29

(1)

Subject to subsection (2), the Director may cancel a certificate of registration of carbon rights

(a)

if the holder of a certificate of registration of carbon rights has contravened any provision of this Enactment;

(b)

if the holder of a certificate of registration of carbon rights has breached any term or condition imposed in the certificate of registration of carbon rights;

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(c)

if the certificate of registration of carbon rights was improperly or illegally obtained;

(d)

if the certificate of registration of carbon rights was issued as a result of false, inaccurate or misleading information; or

(e)

if the holder of a certificate of registration of carbon rights has been convicted of an offence under this Enactment.

(2)

Before cancelling any certificate of registration of carbon rights under subsection (1), the Director shall give the holder of a certificate of registration of carbon rights a written notice of the proposed cancellation and an opportunity to submit a written representation within such time as may be specified in the written notice.

(3)

Upon issuance of the notice under subsection (2), all carbon activities under the certificate shall be suspended from the date of receipt of the notice, pending the Director’s decision.

(4)

After considering any written representation submitted under subsection (2), the

Director shall, as soon as practicable, notify the holder of a certificate of registration of carbon rights in writing of his decision.

(5)

A holder of a certificate of registration of carbon rights whose certificate of registration of carbon rights has been cancelled or whose carbon activity has been suspended under this section shall not be entitled to —

(a)

any compensation for loss or damage arising from such cancellation or suspension; or

(b)

any refund of any prescribed fees paid under section 26.

(6)

Upon cancellation of a certificate of registration of carbon rights under this section, the corresponding carbon rights shall be deemed extinguished, and the cancellation shall be recorded in the Register.

Transfer of certificate of registration of carbon rights

Section 29 — Sabah Climate Change And Carbon Governance Enactment 2025