Section 2

“appointed auditor” means any auditor appointed by the Commission under section 30;

“authorized officer” means any public officer or officer of the Commission authorized in writing by the Minister under section 39;

“Commission” means the Energy Commission of Sabah established under the Energy Commission of Sabah Enactment 2023 [No.11 of 2022];

“degression rate” means the rate of the annual progressive reduction of the feed-in tariff as specified in the fifth column of the Schedule;

“displaced cost” means the average cost of generating and supplying one kilowatt-hour of electricity from resources other than the renewable resources through the supply line up to the point of interconnection with the renewable energy installation;

“distribute” means to operate, maintain and distribute electricity through the electricity distribution network;

“distribution licensee” means the holder of a licence to distribute issued by the Commission under section 8 of the Electricity Supply Enactment 2024;

“effective period”, in relation to a feed-in approval holder, means the period commencing from the feed-in tariff commencement date as specified in the fourth column of the Schedule;

“electricity” has the meaning assigned to it in section 2 of the Electricity

Supply Enactment 2024;

“electricity distribution network” means a system or part of a system at nominal voltage of thirty-three kilovolts or below of electric lines or cables, of substations and of associated equipment and buildings for transporting electricity to any person regardless of whether a generating plant is connected to such system;

“eligible producer” means a person who is eligible to apply to participate

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in the feed-in tariff system under section 6;

“feed-in approval” means an approval granted under section 9;

“feed-in approval holder” means a person who holds a feed-in approval;

“feed-in tariff system” means the system established under section 5;

“feed-in tariff” means the special tariff payable to feed-in approval holders in consideration for renewable energy generated and sold to a distribution licensee as specified in the third column of the Schedule;

“feed-in tariff commencement date”, in relation to a feed-in approval holder, means the date on which the renewable energy installation first generates renewable energy for commercial sale pursuant to the renewable energy power purchase agreement which has become effective in accordance with section 14;

“Fund” means the Renewable Energy Fund established under section 25;

“Government” means the Government of the State of Sabah;

“grid parity”, in relation to a particular renewable energy installation, means the time at which the feed-in tariff rate applicable to that renewable energy installation is equal to or cheaper than the displaced cost;

“Minister” means the Minister charged with the responsibility for matters relating to the supply of electricity;

“Minister of Finance” means the Minister charged with the responsibility for finance;

“public safety” has the meaning assigned to it in section 2 of the Electricity

Supply Enactment 2024;

“private safety” has the meaning assigned to it in section 2 of the Electricity

Supply Enactment 2024;

“renewable energy” means electricity generated or produced from renewable resources;

“renewable energy installation” means an installation which generates

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renewable energy and includes any technical facility of that installation which converts mechanical, chemical, thermal or electromagnetic energy directly into electricity;

“renewable energy power purchase agreement” means the renewable energy power purchase agreement between a distribution licensee and a feed-in approval holder under section 14;

“renewable resources” means the recurring and non-depleting indigenous resources or technology as set out in the first column of the Schedule;

“supply line” has the meaning assigned to it in section 2 of the Electricity

Supply Enactment 2024; and

“sustainable energy” means energy which, in its generation, provision and use, is such that it meets the needs of the present without compromising the ability of future generations to meet their needs, and includes renewable energy.