Prescribed activities
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
(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; (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 a term not exceeding three years or to both.
Licensing authority
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
(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 (4) If subsection (1), (2) or (3) is not complied with, the application for a licence shall be deemed to be withdrawn and shall not be further proceeded with, but without prejudice to a fresh application being made by the applicant.
Issue of licence
(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
(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
(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 exceeding two 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; (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
(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 exceeding two hundred and fifty thousand ringgit or imprisonment for a term not exceeding three years or to both.
Revocation or suspension of licence
(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. (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
(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
(1) The licensing authority shall be responsible to the Minister. (2) The Minister may give general directions consistent with this Act to the licensing authority. (3) The licensing authority shall give effect to all directions given under this section as soon as possible.
Powers of Minister to make regulations on licensing
(1) The Minister may make regulations for all or any of the following purposes: (a) prescribing the manner of applying for licences under this Act, the fees payable therefor, the conditions to be imposed and the power to limit the number of licences; (b) prescribing the procedures regarding revocation and suspension of licences; and (c) prescribing the procedures regarding appeals. (2) Regulations made under subsection (1) may prescribe any act in contravention of the regulations to be an offence and may prescribe penalties of a fine not exceeding two hundred and fifty thousand ringgit or imprisonment for a term not exceeding three years or to both for such offence.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 November 2012 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).