Laws of Sarawak

Definition 

"electricity" or "energy"  - means electrical energy and solar power or electrical power when generated, transmitted, distributed, supplied or utilized for any purpose except for the transmission of communication or signal; "  

"generator "  means an equipment or apparatus of any type for the conversion of mechanical energy or other sources of energy into electricity; "

"solar photovoltaic system" or "solar PV system" means a system of converting sunlight directly into electricity which includes solar PV cells, PV modules, inverter the associated switching, protection and control devices, cables and other related apparatus and equipment;

“solar power” means electricity produced from a solar PV system installed at any premise or on any land or above any water of any lake, reservoir or area convered with water; 

“sources of energy” includes water power, wind power, solar energy, geothermal, biogas, biomass, biofuel, and biological waste for generation of electricity;

“special agreement” means any agreement entered into between a licensee and a consumer or the single buyer, or between a consumer and the single buyer, whereby electricity is to be sold, purchased or supplied: 

(a)  is in excess of 5 megawatts; and 

(b)  upon special terms and conditions relating to offtake, reliability of supply and arrangements regarding provision of security of payment of electricity supplied; and 

(c)  at the rates to be agreed between the licensee and the consumer or the single buyer which are exception to the tariff fixed pursuant to section 4A; 

4G  “Special provisions relating to solar power” 

4G.  (1) Any person may develop, build and maintain an installation, with a generation capacity not exceeding fifty kilowatts, at his premises for the production of solar power for his own use with his premises: 

Provided that:- 

(a)  the installation is approved by the Director and maintained by an authorized agent; and

(b)  where the solar power produced is in excess of comsumption in his premises, the excess may be procured by or supplied to the single buyer, as the case may be. 

(2)  No person shall develop, build, and maintain an installation, with a generation capacity in excess of 50 kilowatss for the production of solar power either: 

(a) partly for his own use within his premises and partly for sale to the single buyer; or

(b)  wholly for sale to the single buyer;  

Without a licence issued by the Majlis Mesyuarat Kerajaan Negeri in accordance with the terms and conditions prescribed in the rules made under section 36.

(3)  (a) Any person shall apply for licence under subsection (2) to the Director in accordance with the procedures prescribed in the Electricity Rules, 1999 [Swk.L.N.84/99] and shall submit in support of the application, the following:-

(i)  details of the solar PV system to be installed;

(ii)  plan of the system for conveying or dispatch of the solar power to a supply line system of the single buyer;

(iii)  a copy of an agreement entered into between the applicant and the single buyer; and 

(iv)  such other particulars as may be required by the Director.

(b)  (i)  Before submitting the application for licence under subsection 3(a), the applicant shall enter into an agreement in subsection (3)(a)(iii) with the single buyer for the sale of the solar power and the conveyance of the solar power to the supply line system of the single buyer on such terms and conditions to be agreed with the single buyer.

(ii)  In the event the single buyer and the applicant are unable to agree on the price of the solar power to be sold under the agreement, such matter shall be resolved in accordance with rules made under section 36.

(c)  The Director, upon being satisfied that the application complies with the requirements under this section, and that the prescribed application fees had been paid, submit the application for consideration by the Majlis Mesyuarat Kerajaan Negeri. 

(d)  Any decision of the Majlis Mesyuarat Kerajaan Negeri on an application for licence shall be final.

(4)  Solar power generated by the licensee by a license issued under this section, may be sold to another consumer where the single buyer has notified the licensee, in writing, that it does not require the solar power.