MALAYSIAN BIOFUEL INDUSTRY ACT 2007

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 666 MALAYSIAN BIOFUELINDUSTRY ACT 2007 As at 1 November 2022 This text is ONLY AN UPDATED TEXT of the Malaysian Biofuel Industry Act by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 MALAYSIAN BIOFUEL INDUSTRY ACT 2007 … … … 18 July 2007 Date of publication in the Gazette … … 26 July 2007 Latest amendment made by P. U. (A) 354/2022 which came into operation on … … … 1 November 2022 Date of Royal Assent 3 LAWS OF MALAYSIA Act 666 MALAYSIAN BIOFUEL INDUSTRY ACT 2007 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation 3. Prevailing law PART II PRESCRIBED ACTIVITIES AND LICENSING 4. Prescribed activities 5. Requirement for licence 6. Licensing authority 7. Application for licence 8. Issue of licence 9. Licence to be exhibited and produced 10. Transfer of licence 11. Assignment of licence 12. Revocation or suspension of licence 13. Appeals 14. Power of Minister to give directions 15. Powers of Minister to make regulations on licensing 4 Laws of Malaysia ACT 666 PART III POWERS RELATING TO ENFORCEMENT, SEIZURE, ARREST, ETC. Section 16. Appointment of enforcement officers 17. Power of investigation 18. Authority card 19. Power of arrest 20. Search and seizure with warrant 21. Search and seizure without warrant 22. Power to enter premises 23. Access to computerized data 24. Seizure of thing, etc. 25. Power to stop, search and seize conveyances 26. List of things seized 27. Temporary return of conveyance, etc. 28. Sale and disposal of seized fuel 29. Power to require attendance of persons acquainted with case 30. Examination of persons acquainted with case 31. Admissibility of statements in evidence 32. Forfeiture of seized fuel, etc. 33. Property in forfeited fuel, etc. 34. Release of seized fuel, etc. 35. Enforcement officer may seek assistance to examine things related to offence 36. Power to take sample 37. Procedure for taking sample 38. Appointment of analyst 39. Certificate of analysis 40. Examination or testing of seized fuel 41. Cost of holding seized fuel, etc. 42. No cost or damages arising from seizure to be recoverable 43. Power of licensing authority to require information on fuel, etc. Malaysian Biofuel Industry Section 44. Additional powers 45. Offence to assault or obstruct enforcement officer PART IV GENERAL 46. Compounding of offences 47. Institution of prosecution 48. Joinder of offences 49. Offence committed by body corporate 50. Protection of informers 51. Protection against suit and legal proceedings 52. Public servant 53. Power to exempt 54. Amendment of Schedules 55. Regulations 56. Transitional provisions FIRST SCHEDULE SECOND SCHEDULE 5 7 LAWS OF MALAYSIA Act 666 MALAYSIAN BIOFUEL INDUSTRY ACT 2007 An Act to provide for the mandatory use of biofuel, licensing of activities relating to biofuel and for matters connected therewith and incidental thereto. [1 August 2008, P.U. (B) 331/2008] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Malaysian Biofuel Industry Act 2007. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette, and the Minister may appoint different dates for the coming into operation of different provisions of this Act in different parts of Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— “this Act” includes any subsidiary legislation made under this Act; “biofuel” means any fuel, whether solid, liquid or gaseous, produced 8 Laws of Malaysia ACT 666 from biomass; “biomass” means any biodegradable fraction of products, waste and residues from agriculture (including plant and animal substances), forestry and related industries, as well as the biodegradable fraction of industrial and municipal waste; “prescribed” means prescribed by regulations made under this Act; “sea” includes inland waters; “licence” means a licence issued under section 8; “Minister” means the Minister charged with the responsibility for biofuel; “enforcement section 16; officer” means any person appointed under “licensee” means the person to whom a licence is issued under section 8; “conveyance” means any vehicle, vessel, ship, aircraft or any other mode of transport whether by air, sea or land; “licensing authority” means the licensing authority referred to in section 6. Prevailing law 3. (1) The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other written law relating to fuel. (2) In the event of any conflict or inconsistency between the provisions of this Act and those of any other written law pertaining to biofuel, biofuel blended with any other fuel or biofuel blended with any other biofuel, the provisions of this Act shall prevail, to the extent of the conflict or inconsistency. Malaysian Biofuel Industry 9 PART II PRESCRIBED ACTIVITIES AND LICENSING Prescribed activities 4. The Minister may prescribe— (a) the type of biofuel as specified in the First Schedule and its percentage by volume to be blended in any fuel;or (b) any activity in which the use of a biofuel, biofuel blended with any other fuel or biofuel blended with any other biofuel shall be made mandatory. Requirement for licence 5. (1) No person shall— (a) commence to construct any biofuel plant or biofuel blending plant; (b) produce any biofuel; (c) blend any biofuel with any other fuel or biofuel; (d) export any biofuel, biofuel blended with any other fuel or biofuel blended with any other biofuel; (e) import any biofuel, biofuel blended with any other fuel or biofuel blended with any other biofuel; (f) transport any biofuel, biofuel blended with any other fuel or biofuel blended with any other biofuel connected with upstream activities; (g) store any biofuel, biofuel blended with any other fuel or biofuel blended with any other biofuel connected with upstream activities; 10 Laws of Malaysia ACT 666 (h) survey any biofuel, biofuel blended with any other fuel or biofuel blended with any other biofuel; or (i) test any biofuel, biofuel blended with any other fuel or biofuel blended with any other biofuel, without a valid licence issued under this Act. (2) For the purposes of subsection (1), “biofuel” refers to the biofuel as specified in the First Schedule. (3) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for aterm not exceeding three years or to both. Licensing authority 6. The person specified in the first column of the Second Schedule shall be the licensing authority in respect of the biofuel appearing in the corresponding second column. Application for licence 7. (1) An application for a licence shall be made in writing to the licensing authority in the manner as may be prescribed. (2) Every application under subsection (1) shall be accompanied by such document or information as may be prescribed. (3) The licensing authority may in writing at any time after receiving the application and before it is determined, require the applicant to provide such additional document or information within the time specified by the licensing authority. (4) If subsection (1), (2) or (3) is not complied with, the application for a licence shall be deemed to be withdrawn and shall not be further proceeded with, but without prejudice to a fresh application being made by the applicant. Malaysian Biofuel Industry 11 Issue of licence 8. (1) Upon giving due consideration to the application made in accordance with section 7, the licensing authority may approve or refuse the application. (2) Where an application for a licence is approved, the licence shall be issued upon payment of the prescribed fee. (3) The licence may be issued subject to such conditions or restrictions as the licensing authority may think fit to impose. Licence to be exhibited and produced 9. (1) A licensee shall exhibit his licence at all times at a conspicuous place at the premises where the business is carried out and shall produce such licence if required to do so by the licensing authority or any enforcement officer. (2) A licensee who fails to exhibit or to produce his licence under subsection (1) commits an offence and shall, on conviction,be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both. Transfer of licence 10. (1) No licence shall be transferable from a licensee to any person without the prior written approval of the licensing authority. (2) A licensee who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceedingtwo hundred and fifty thousand ringgit or imprisonment for a term not exceeding three years or to both. (3) The licensing authority may approve the transfer of the licence if— (a) the licensee dies or becomes incapacitated or a bankrupt; 12 Laws of Malaysia ACT 666 (b) in the case of a company, the licensee is wound up or a receiver or manager is appointed in respect of the business of the licensee; or (c) for any reason the licensing authority is satisfied it would be unjust not to transfer the licence. (4) An application for the transfer of a licence shall be made in writing to the licensing authority. Assignment of licence 11. (1) A licensee shall not assign any right, duty, liability or obligation under his licence to another person. (2) A licensee who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceedingtwo hundred and fifty thousand ringgit or imprisonment for a term not exceeding three years or to both. Revocation or suspension of licence 12. (1) The licensing authority may revoke or suspend any licence if the licensing authority is satisfied that— (a) any of the provisions of this Act or any other written law or that any of the conditions of the licence has not been complied with; (b) the issuance of the licence was induced by a false representation of fact by or on behalf of the licensee; (c) the original purpose for which the licence was issued no longer exists; or (d) the licensee has ceased to carry on or operate any biofuel activity for which the licence is issued. Malaysian Biofuel Industry 13 (2) Notwithstanding subsection (1), the licensing authority shall not revoke or suspend the licence on the ground of the breach mentioned in subsection (1) unless the licensing authority is satisfied, after giving the licensee an opportunity of making any representation in writing he may wish to make, that the licence should be revoked or suspended. (3) Where a licence has been revoked or suspended, it shall have no effect from the date of revocation or during the period of suspension, as the case may be. Appeals 13. (1) A person who is aggrieved— (a) by the refusal of the licensing authority to issue a licence; or (b) by the revocation or suspension of his licence, may, within thirty days after being informed in writing of the refusal, revocation or suspension, appeal in writing against such decision to the Minister. (2) The Minister may, after considering an appeal made under subsection (1), confirm or set aside the decision appealed against, and the decision of the Minister shall be final. (3) An appeal made under this section shall be accompanied by the prescribed fees. Power of Minister to give directions 14. (1) The licensing authority shall be responsible to the Minister. (2) The Minister may give general directions consistent with