SUSTAINABLE ENERGY DEVELOPMENT AUTHORITY ACT 2011

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 726 SUSTAINABLE ENERGY DEVELOPMENT AUTHORITY ACT 2011 As at 10 November 2023 This text is ONLY AN UPDATED TEXT of the Sustainable Energy Development Authority Act 2011 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 SUSTAINABLE ENERGY DEVELOPMENT AUTHORITY ACT 2011 … … … 23 May 2011 Date of publication in the Gazette … … … 2 June 2011 Latest amendment made by Act A1690 which came into operation on … … … 10 November 2023 Date of Royal Assent 3 LAWS OF MALAYSIA Act 726 SUSTAINABLE ENERGY DEVELOPMENT AUTHORITY ACT 2011 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II THE AUTHORITY 3. Establishment of the Authority 4. Common seal 5. Membership of the Authority 6. Temporary exercise of functions of the Chairman 7. Schedule 8. Approval to hold other offices 9. Tenure of office 10. Remuneration and allowances 11. Revocation of appointment and resignation 12. Vacation of office 13. Committees 14. Disclosure of interest 4 Laws of Malaysia PART III FUNCTIONS AND POWERS OF THE AUTHORITY Section 15. Functions of the Authority 16. Powers of the Authority 17. Additional functions of the Authority 18. Delegation of the Authority’s functions and powers 19. Direction by Minister 20. Returns, reports, accounts and information 21. Authority may establish and participate in bodies corporate PART IV EMPLOYEES OF THE AUTHORITY 22. Chief Executive Officer 23. Temporary exercise of functions of Chief Executive Officer 24. Appointment of employees of the Authority 25. Conditions of service 26. Payment of retirement benefits, etc. 27. Loans, scholarships and advances 28. Authority may adopt regulations, etc. PART V FINANCE 29. Sustainable Energy Development Authority Fund 30. Expenditure to be charged on the Fund 31. Conservation of the Fund 32. Bank accounts 33. Power to borrow 34. Investment 35. Limitation on contracts ACT 726 Sustainable Energy Development Authority 5 Section 36. Financial procedure 37. Financial year 38. Accounts and reports PART VI GENERAL 39. Restriction on the use of the symbol or representation of the Authority 40. Offence for unauthorized modification of information in the Authority’s custody 41. Prosecution 42. Public servant 43. Protection against suits and legal proceedings 44. Public Authorities Protection Act 1948 45. Obligation of secrecy 46. Representation in civil proceedings 47. Power to make regulations 48. Power to employ 49. Things done in anticipation of the enactment of this Act SCHEDULE 7 LAWS OF MALAYSIA Act 726 SUSTAINABLE ENERGY DEVELOPMENT AUTHORITY ACT 2011 An Act to provide for the establishment of the Sustainable Energy Development Authority Malaysia and to provide for its functions and powers and for related matters. [1 September 2011, P.U. (B) 495/2011; throughout Malaysia except State of Sarawak] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Sustainable Energy Development Authority Act 2011. (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— (a) for the coming into operation of this Act in different parts of Malaysia; (b) for the coming into operation of different provisions or Parts of this Act; and 8 Laws of Malaysia ACT 726 (c) for the coming into operation of different provisions of this Act in different parts of Malaysia. (3) The Minister may, by order published in the Gazette, suspend the operation of the whole or any of the provisions of this Act in different parts of Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— “Government Entity” includes any ministry, department, office, agency, authority, commission, committee, board, council or other body, corporate or unincorporate, of the Federal Government, or of any State Government or local government, whether established under written law or otherwise; “committee” means any committee established by the Authority under section 13; “Chief Executive Officer” means the Chief Executive Officer appointed under subsection 22(1) and includes an employee of the Authority appointed under section 23 to act as the Chief Executive Officer; “Fund” means the fund established under section 29; “Renewable Energy Fund” has the meaning assigned to it in the Renewable Energy Act 2011 [Act 725]; “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; “Chairman” means the Chairman of the Authority appointed under section 5; Sustainable Energy Development Authority 9 “Authority” means the Sustainable Energy Development Authority Malaysia established under section 3; “feed-in tariff system” has the meaning assigned to it in the Renewable Energy Act 2011; “renewable energy” has the meaning assigned to it in the Renewable Energy Act 2011; “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; “sustainable energy laws” means— (a) this Act and any subsidiary legislation made under this Act; (b) the Renewable Energy Act 2011 and any subsidiary legislation made under the Renewable Energy Act 2011; and (c) any other legislation under which the Authority is to exercise any function, including any subsidiary legislation made under such legislation. PART II THE AUTHORITY Establishment of the Authority 3. (1) A body corporate to be known as the Sustainable Energy Development Authority Malaysia is established. (2) The Authority shall have perpetual succession and a common seal. (3) The Authority may sue and be sued in its corporate name. 10 Laws of Malaysia ACT 726 (4) Subject to and for the purposes of this Act, the Authority may, upon such terms as the Authority deems fit— (a) enter into contracts; (b) acquire, purchase, take, hold and enjoy movable and immovable property of every description; and (c) convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property or any interest in the property vested in the Authority. Common seal 4. (1) The Authority shall have a common seal which shall bear a device approved by the Authority and the seal may from time to time be broken, changed, altered and made anew as the Authority thinks fit. (2) Until a seal is provided by the Authority, a stamp bearing the words “Sustainable Energy Development Authority Malaysia” may be used and shall be deemed to be the common seal of the Authority. (3) The common seal shall be kept in the custody of the Chairman or any other person authorized by the Authority, and shall be authenticated by either the Chairman or such person as may be authorized by the Chairman in writing. (4) All deeds, documents and other instruments purporting to be sealed with the seal and duly authenticated shall, until the contrary is proved, be deemed to have been validly executed. (5) Any deed, document or other instrument which, if executed by a person not being a body corporate, is not required to be under seal may in like manner be executed by a member of the Authority or an employee of the Authority authorized in that behalf. (6) The common seal of the Authority shall be officially and judicially noticed. Sustainable Energy Development Authority 11 Membership of the Authority 5. (1) The Authority shall consist of— (a) the following members who shall be appointed by the Minister: (i) the Chairman; (ii) not less than two but not more than four representatives of the Federal Government; and (iii) not less than three but not more than five other members; and (b) the Chief Executive Officer. (2) The persons appointed under paragraph (1)(a) shall be persons who have experience and shown capacity and professionalism in matters relating to sustainable energy, finance, engineering, business or administration, or are otherwise suitable for appointment because of their special knowledge, experience or academic qualifications. Temporary exercise of functions of the Chairman 6. The Minister may appoint temporarily any member of the Authority, other than the Chief Executive Officer, to act as the Chairman for the period when— (a) the office of the Chairman is vacant; (b) the Chairman is absent from duty or from Malaysia; or (c) the Chairman is, for any other reason, unable to perform the duties of his office. 12 Laws of Malaysia ACT 726 Schedule 7. (1) The provisions of the Schedule shall apply to members of the Authority. (2) The Minister may amend the Schedule by order published in the Gazette. Approval to hold other offices 8. A member of the Authority shall not, while holding such office, hold any other office or employment, whether remunerated or not, without the Minister’s prior written approval. Tenure of office 9. (1) Subject to such conditions as may be specified in his instrument of appointment, a member of the Authority shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term not exceeding two years and is eligible for reappointment for a maximum period of three consecutive terms. (2) This section shall not apply to the Chief Executive Officer. Remuneration and allowances 10. (1) The Chairman shall be paid such remuneration and allowances as the Minister may determine. (2) All other members of the Authority shall be paid allowances at such rates as the Minister may determine. (3) This section shall not apply to the Chief Executive Officer. Sustainable Energy Development Authority 13 Revocation of appointment and resignation 11. (1) The Minister may, at any time, revoke the appointment of any member of the Authority, other than the Chief Executive Officer. (2) A member of the Authority, other than the Chief Executive Officer, may at any time resign by giving notice in writing to the Minister. Vacation of office 12. (1) The office of a member of the Authority shall be vacated— (a) if he dies; (b) if there has been proved against him, or he has been convicted on, a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under any law relating to corruption or under section 45; or (iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years; (c) if he becomes a bankrupt; (d) if he is of unsound mind or is otherwise incapable of discharging his duties; (e) in the case of the Chairman, if he absents himself from three consecutive meetings of the Authority without leave of the Minister; 14 Laws of Malaysia ACT 726 (f) in the case of a member of the Authority other than the Chairman, if he absents himself from three consecutive meetings of the Authority without leave of the Chairman; (g) if his resignation is accepted by the Minister; or (h) if his appointment is revoked by the Minister. (2) Where any person ceases to be a member of the Authority by reason of any of the provisions of this Act, another person shall be appointed in his place in accordance with the provisions applying. Committees 13. (1) The Authority may establish any committee as it considers necessary or expedient to assist it in the performance of its functions. (2) The Authority may elect any of its members to be the chairman of a committee. (3) The Aut