Malaysia legislation
Section 21
of Sabah Renewable Energy Feed Approval And Feed Tariff Rate Rules 2024
Section 21
(2)
The Commission shall not grant an approval under subrule (1) unless the feed-in approval holder has furnished sufficient evidence to the Commission’s satisfaction that the proposed assignment or transfer —
(a)
is not reasonably foreseeable at the time of the application for the feed-in approval;
(b)
is just and reasonable; and
(c)
is not inconsistent with the matters set out in subsection 5(3) of the
Enactment.
(3)
The Commission shall communicate its decision under subrule (1) to the feed-in approval holder by written notice as soon as practicable.
(4)
The written notice referred to in subrule (3) shall specify —
(a)
in the case where the application is approved, any condition imposed on such approval, if any; and
(b)
in the case where the application is refused, the grounds for such refusal.
(5)
Notwithstanding subrule (2), the Commission may approve an application for a feed-in approval holder to assign or transfer a feed-in approval if —
(a)
the feed-in approval holder or distribution licensee breaches the renewable energy power purchase agreement; or
(b)
in the case of a renewable energy installation utilizing solar photovoltaic renewable energy, the feed-in approval holder submits the evidence to the Commission a subsidiary title of a building, or sale or transfer
19
of land on which the renewable energy installation is installed.
(6)
Where the feed-in approval holder dies, the Commission may, on application in writing and subject to any conditions as determined by the Commission, assign or transfer the feed-in approval to a fit and proper person for the benefit of the feed-in approval holder’s estate until the expiration of the feed-in approval or such earlier date as the Commission may deem fit and such person shall be deemed to be the feed-in approval holder.
Surrender of feed-in approval