s 40M Registration of GHG entities
40M.—(1) Any person that wishes to be registered as a registered GHG entity in relation to any regulated GHG works for the purposes of section 40L must apply to the Director‑General under subsection (2) to be registered as such. (2) Every application under subsection (1) must —(a) be made in the form and manner that the Director‑General requires; and (b) be accompanied by —(i) the prescribed fee, if any; and (ii) any documents and information that the Director‑General requires to decide on the application. (3) The Director-General must not register any person as a registered GHG entity unless —(a) the person —(i) has a Unique Entity Number issued by the Accounting and Corporate Regulatory Authority established by section 3 of the Accounting and Corporate Regulatory Authority Act 2004*; or (ii) is, or belongs to a class of persons, prescribed by the Minister for the purpose of this subsection; and (b) except where the person is granted a waiver under section 40Y, the person has at least the prescribed number of competent persons to carry out or to directly supervise the carrying out of the regulated GHG works, being —(i) any of the following where the person is an individual carrying on business as a sole proprietor:(A) the individual; (B) any employee of the individual; (ii) any of the following where the person is an unincorporated partnership:(A) any partner in the partnership; (B) any employee of the partnership; or (iii) any employee of the person in any other case.[*Updated to be consistent with the 2020 Revised Edition] (4) The Director-General may —(a) subject to any conditions that the Director-General thinks fit to impose, register any applicant as a registered GHG entity; or (b) refuse to register any applicant as a registered GHG entity. (5) The registration of a registered GHG entity —(a) is valid until it is withdrawn or revoked under section 40N; and (b) is not transferable without the Director-General’s written approval. (6) The Director-General may, at any time, impose any condition, or modify or revoke any condition imposed, on a registration. (7) The Director-General must, before imposing or modifying any condition under subsection (6), give written notice to the holder of the registration —(a) stating the proposed condition or modification, as the case may be; and (b) specifying the time within which the holder of the registration may make written representations to the Director-General with respect to the proposed condition or modification. (8) Where the holder of the registration makes any written representations under subsection (7)(b), the Director-General must consider the written representations and the Director-General’s decision must be given to the holder of the registration in writing.[Act 24 of 2021 wef 01/10/2022]