Malaysia legislation
Section 14
Section 14
(2)
Notwithstanding subsection (1), the distribution licensee shall not be obliged to enter into the renewable energy power purchase agreement with the feed-in approval holder if —
(a)
the feed-in approval holder refuses to enter into the agreement; or
(b)
the Commission is of the opinion that —
(i)
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; or
(ii)
it is just and reasonable for the distribution licensee not to enter into the agreement.
(3)
The renewable energy power purchase agreement shall be in the form as may be prescribed by the Commission and any deviation from such form shall require the prior written approval of the Commission.
(4)
The Commission may prescribe different forms of renewable energy power purchase agreements having regard to the renewable resource to be used and the capacity of the proposed renewable energy installation.
(5)
The feed-in approval holder shall, within such period as may be prescribed by the Commission, submit a certified copy of the executed renewable energy power purchase agreement to the Commission for registration.
(6)
The Commission shall register any renewable energy power purchase agreement submitted to it under subsection (5) if the Commission is satisfied that such renewable energy power purchase agreement is consistent with the provisions of this Enactment and its subsidiary legislation.
(7)
The renewable energy power purchase agreement shall only be effective and enforceable upon its registration with the Commission in accordance
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with this section.
(8)
The Commission shall maintain a register of all renewable energy power purchase agreements registered under this section.
(9)
A distribution licensee who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit.
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