Malaysia legislation
Section 12
Section 12
(a)
the feed-in approval holder has failed to comply with any provisions of this Enactment, the Electricity Supply Enactment 2024 or any subsidiary legislation made under this Enactment or the Electricity Supply Enactment 2024;
(b)
the feed-in approval holder has failed to comply with any of the conditions of the feed-in approval;
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(c)
the feed-in approval holder had improperly or illegally obtained the feed-in approval;
(d)
the feed-in approval holder has been convicted of an offence under this Enactment, the Electricity Supply Enactment 2024
or any subsidiary legislation made under this Enactment or the
Electricity Supply Enactment 2024;
(e)
a receiver, receiver and manager, provisional liquidator or like official has been appointed over the whole or substantial part of the feed-in approval holder’s assets and such appointment is not revoked or annulled within a period of sixty days from the date of such appointment; or
(f)
there has been a change of circumstances such that the feed-in approval holder would no longer be entitled to be granted a feed-in approval under this Enactment.
(2)
Before the Commission makes a decision under subsection (1), the
Commission shall give the feed-in approval holder —
(a)
a written notice of the Commission’s intention to revoke the feed-in approval; and
(b)
an opportunity to make written submissions within a period specified in the written notice which shall not be less than thirty days.
(3)
After the expiry of the period specified in the written notice, the
Commission shall, after considering any written submission made by the feed-in approval holder, decide whether or not to revoke the feed-in approval.
(4)
The Commission shall give the feed-in approval holder written notice of the Commission’s decision under subsection (3) as soon as practicable.
(5)
The feed-in approval holder shall not be entitled to any form of compensation from the Government, the Minister or the Commission if the feed-in approval is revoked in accordance with subsection (3).
(6)
The revocation of a feed-in approval under subsection (3) shall take
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effect —
(a)
on a date specified by the Commission in the written notice given under subsection (4); or
(b)
if no date is specified in the written notice given under subsection (4), on the expiry of thirty days from the date on which the notice is served on the feed-in approval holder.
(7)
If the revocation of a feed-in approval has taken effect, the feed-in approval holder shall immediately cease to be entitled to participate in the feed-in tariff system and to receive feed-in tariff payments.
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