ENERGY EFFICIENCY AND CONSERVATION ACT 2024

Energy Efficiency and Conservation LAWS OF MALAYSIA Act 861 ENERGY EFFICIENCY AND CONSERVATION ACT 2024 1 2 Laws of Malaysia Act 861 Date of Royal Assent ... ... 14 November 2024 Date of publication in the Gazette ... ... 26 November 2024 Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Energy Efficiency and Conservation LAWS OF MALAYSIA Act 861 ENERGY EFFICIENCY AND CONSERVATION ACT 2024 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title, commencement and application 3. Application 2. Interpretation Part II FUNCTIONS AND POWERS OF THE COMMISSION 4. Functions and powers of the Commission Part III DUTIES OF ENERGY CONSUMER 5. Appointment of registered energy manager 7. Energy efficiency and conservation report 6. 8. 9. Energy management system Energy audit Energy audit report Part IV DUTIES OF PERSON IN CHARGE OF BUILDING 10. Energy intensity label 12. Alteration, forgery, etc., of energy intensity label 11. Display of energy intensity label 3 4 Laws of Malaysia Section 13. Energy intensity performance 15. Energy efficiency improvement plan 14. 16. Act 861 Energy audit report in respect of building Non-application of sections 13, 14 and 15 Part V PROVISIONS RELATING TO ENERGY-USING PRODUCT 17. Selling, etc., energy-using product 19. Registration of manufacturer or importer 18. 20. 21. 22. 23. 24. Distributing energy-using product Cancellation of certificate of registration of registered manufacturer and registered importer Application for certificate of energy efficiency Renewal of certificate of energy efficiency Cancellation of certificate of energy efficiency Duty to keep records and documents by registered manufacturer and registered importer Part VI REGISTRATION OF ENERGY MANAGER AND ENERGY AUDITOR 25. Requirement for registration of energy manager and energy auditor 27. Application for registration of energy manager and energy auditor 26. 28. 29. 30. Qualifications for registration of energy manager and energy auditor Application for practising certificate of registered energy manager and registered energy auditor Renewal of practising certificate of registered energy manager and registered energy auditor Cancellation of certificate of registration of registered energy manager and registered energy auditor Part VII REGISTRATION OF TRAINING INSTITUTION 31. Requirement for registration of training institution 33. Application for registration of training institution 32. Qualifications for registration of training institution Energy Efficiency and Conservation Section 5 34. Application for practising certificate of registered training institution 36. Cancellation of certificate of registration of registered training institution 35. Renewal of practising certificate of registered training institution Part VIII INFORMATION GATHERING POWERS 37. Review and audit of energy consumer, etc. 38. Power to require provision of information, etc. 39. Commission may retain documents 40. Access to records Part IX ENFORCEMENT 41. Authorized officer 43. Power of investigation 42. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. Authority card Power to enter premises and inspect, etc., document, record, etc. Search and seizure with warrant Search and seizure without warrant Access to recorded information or computerized data, etc. Tipping-off Search warrant valid notwithstanding defects List of seized documents, etc. Forfeiture of seized documents, etc. Release of seized documents, etc. Cost of holding seized document, etc. No cost or damages arising from seizure to be recoverable Power to require attendance of persons acquainted with case Obstruction Evidence of agent provocateur admissible Taking of samples Destruction, concealment, mutilation and alteration of document, etc. 6 Laws of Malaysia Part X GENERAL Section 60. Institution of prosecution 61. Compounding of offences 62. Liability of director, etc., of company, etc. 63. Liability of person for act, etc., of employee, etc. 64. Protection against suits and legal proceedings 65. Registers 66. Service of notice 67. Power to issue guidelines and directions 68. Power to exempt 69. Power to make regulations 70. Power to amend Schedules 71. Saving First Schedule Second Schedule Third Schedule Act 861 7 Energy Efficiency and Conservation LAWS OF MALAYSIA Act 861 ENERGY EFFICIENCY AND CONSERVATION ACT 2024 An Act to regulate the efficient consumption of energy and conservation of energy with the aim to improve and increase energy efficiency and to avoid waste of energy, and to provide for related matters. [ ] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title, commencement and application 1. (1) This Act may be cited as the Energy Efficiency and Conservation Act 2024. (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. (3) This Act shall apply to Peninsular Malaysia and the Federal Territory of Labuan. 8 Laws of Malaysia Act 861 Interpretation 2. In this Act, unless the context otherwise requires— “this Act” includes any subsidiary legislation made under this Act; “energy audit” means a systematic and objective assessment of the energy needs, consumption and efficiency; “building” means any building or premises where energy is consumed including building or premises built or used for residential, institutional, commercial or industrial purposes; “prescribed” means prescribed by the Minister by regulations made under this Act; “guidelines” means the guidelines issued by the Commission under section 67; “registered training institution” means any training institution which is registered and holds a valid practising certificate under this Act; “energy intensity” means the indicator of energy efficiency; “energy auditor” means a person who conducts energy audit; “registered energy auditor” means any energy auditor who is registered and holds a valid practising certificate under this Act; “energy efficiency” means the efficiency in consumption of energy or energy resources which results in increase in the net benefit per unit of energy; “energy intensity label” means an energy intensity label issued under section 10; “Minister” means the Minister for the time being charged with the responsibility for matters relating to supply of electricity; “person in charge of a building” means the owner of a building or any other person having the charge, management or control of a building; Energy Efficiency and Conservation 9 “authorized officer” means any officer of the Commission authorized in writing by the Minister under section 41; “energy efficiency rating” means energy efficiency rating for a building indicated through star rating; “energy consumer” means a person who, for the purpose of carrying out his activity, business or trade, is supplied with energy or energy resources and consumes the energy or energy resources supplied; “manufacturer” means a manufacturer who manufactures any energy-using product; “registered manufacturer” means any manufacturer registered under Part V; “importer” means an importer who imports any energy-using product; “registered importer” means any importer registered under Part V; “energy manager” means a person who manages energy efficiency and conservation for an energy consumer; “registered energy manager” means any energy manager who is registered and holds a valid practising certificate under this Act; “certificate of energy efficiency” means the certificate of energy efficiency issued in respect of a class of energy-using product; “energy-using product” means any equipment, device, appliance or article which uses energy or energy resources; “energy management system” means a set of interrelated or interacting elements to establish an energy policy and energy objectives, and the processes and procedures to achieve the energy objectives; “minimum energy performance standards” means the specification of the minimum energy efficiency levels for a class of energy-using product; 10 Laws of Malaysia Act 861 “energy resources” means the energy resources specified in the First Schedule; “Commission” means the Energy Commission established under the Energy Commission Act 2001 [Act 610]; “energy” means the energy specified in the Second Schedule. Application 3. (1) This Act shall apply to— (a) any energy consumer whose energy consumption for a period of twelve consecutive months equals to or exceeds the energy consumption threshold as may be prescribed; (b) any building as described in the Third Schedule; and (c) any energy-using product as specified in the guidelines. (2) The Commission shall, on the basis of any information or evidence available to the Commission and in accordance with the guidelines, ascertain— (a) whether a person is an energy consumer to whom this Act applies under paragraph (1)(a); and (b) whether a building is a building to which this Act applies under paragraph (1)(b). (3) The Commission shall, having ascertained that a person is an energy consumer to whom to this Act applies, issue a written notice to such person notifying that he is an energy consumer to whom this Act applies. (4) The Commission shall, having ascertained that a building is a building to which this Act applies, issue a written notice to the person in charge of the building notifying that the building is a building to which this Act applies. (5) For the purposes of paragraph (1)(a), the energy consumption shall be in respect of an activity, business or trade of the energy consumer carried out in one place. Energy Efficiency and Conservation 11 Part II FUNCTIONS AND POWERS OF THE COMMISSION Functions and powers of the Commission 4. (1) The Commission shall have the following functions: (a) to advise the Minister on all matters relating to energy efficiency and conservation; (b) to recommend to the Government any policy, laws, action and measures relating to energy efficiency and conservation; (c) to promote, develop or implement policies and initiatives relating to energy efficiency and conservation; (d) to exercise regulatory functions under this Act; (e) to devise the nature of test to be employed and to recommend to the Minister the minimum qualifications and practical experience for any purpose pursuant to this Act; (f) to promote private sector investments in energy efficiency and conservation; (g) to carry out or cause to be carried out studies, research or assessments in energy efficiency and conservation; (h) to collate, analyze and publish information, statistics and factors influencing or relevant to the development of energy efficiency and conservation; (i) to recognize as the Commission deems fit, trainings or other programmes relating to the development of human resources and capacity building in the energy efficiency and conservation sector; (j) to encourage and promote public participation and to improve public awareness on matters relating to energy efficiency and conservation; 12 Laws of Malaysia Act 861 (k) to set targets and ensure compliance for such targets for the improvement in energy efficiency and conservation; and (l) to do such other things as the Commission deems fit to enable the Commission to perform its functions effectively or which are incidental to the performance of its functions. (2) The Commission shall have the power to do all things expedient or reasonably necessary f