Renewable Energy (Administrative Fees) Order, 2011

1. Citation and commencement (1) This order may be cited as the Renewable Energy (Administrative Fees) Order 2011. (2) This Order comes into operation on 1 December 2011.

2. Administrative fees (1) A distribution licensee shall be paid administrative fees under paragraph 20(a) of the Act calculated at the rate of two per centum of each payment made under rule 8 and, if applicable, rule 10 of the Renewable Energy (Recovery of Moneys by Distribution Licensee) Rules 2011[P.U. (A) 388/2011]. (2) The Authority shall be paid administrative fees under paragraph 20(b) of the Act calculated at the rate of three per centum of each payment made under rule 8 and, if applicable, rule 10 of the Renewable Energy (Recovery of Moneys by Distribution Licensee) Rules 2011.

3. Payment of administrative fees (1) The administrative fees referred to in subparagraphs 2(1) and (2) shall be charged to the Fund and paid to the distribution licensee and the Authority concurrently with each payment made under rule 8 and, if applicable, rule 10 of the Renewable Energy (Recovery of Moneys by Distribution Licensee) Rules 2011. (2) The administrative fees referred to in subparagraph 2(2) shall be paid into the Sustainable Energy Deveploment Authority Fund established under the Sustainable Energy Development Authority Act 2011[Act 726].

4. Refund of overpayment (1) If a distribution licensee receives a notification of overpayment under rule 9, or a written notice of overpayment under subrule 5(6) where the distribution licensee is required to refund the overstated amount to the Authority under subparagraph 5(7)(b)(ii), of the Renewable Energy (Recovery of Moneys by Distribution Licensees) Rules 2011- (a) the distribution licensee shall refund the administrative fees to the Fund calculated at the rate of two per centum of the amount of such overpayment; and (b) the Authority shall refund the administrative fees to the Fund calculated at the rate of three per centum of the amount of such overpayment. (2) The administrative fees refunded under subparagraph (1) shall be refunded to the Fund without any interest and not later than thirty days from the date of receipt of the notification or written notice referred to in subparagraph (1). (3) A distribution licensee who fails to comply with subsubparagraph (1)(a) and subparagraph (2) commits an offence and shall, on conviction, be liable to a fine not exceeding three hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.