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Malaysia Environmental, Health and Safety Law Updates31stMarch 2014
S/No Category Legislation and standards updates during this period
322 Safety and Health Factories and Machinery (Steam Boiler and Unfired Pressure Vessel) (Amendment) Regulations 2014
323 NA Factories and Machinery (Exemption to Asean Bintulu Fertilizer Sdn. Bhd., Bintulu, Sarawak) Order 2014
324 NA Factories and Machinery (Exemption to Petronas Gas Berhad, Centralised Utility Facilities, Kerteh, Terengganu) Order 2014
325 NA Factories And Machinery (Exemption To Petronas Gas Berhad, Gas Processing Plant 1, Kerteh, Terengganu) Order 2014
326 Energy Renewable Energy (Amendment of Schedule) Order 2014
327 Controlled Chemicals Poisons (Amendment of Poisons List) Order 2014
328 Energy Electricity (Amendment) Regulations 2014
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322 Factories and Machinery (Steam Boiler and Unfired Pressure Vessel) (Amendment)Regulations 2014P.U. (A) 40/2014Effective date: 4thFebruary 2014
Amendment of Fourth Schedule2) The Fourth Schedule of the Factories and Machinery (Steam Boiler and Unfired Pressure
Vessel) Regulations 1970 [P.U. (A) 5/1970] is amended by inserting after item 40 thefollowing item:41. Japan Inspection Co. Ltd., Tokyo..
Japan Inspection Co. Ltd., Tokyo. is added asan authorised member of the Inspecting
Authorities.
323 Factories and Machinery (Exemption to Asean Bintulu Fertilizer Sdn. Bhd., Bintulu, Sarawak)Order 2014P.U. (A) 43/2014
2. ExemptionAll machinery registered with the Chief Inspector, with the registration numbers anddescription as specified in columns (1) and (2) of the Schedule, in the name of AseanBintulu Fertilizer Sdn. Bhd., Bintulu, Sarawak which have been issued with certificates offitness, are exempted from the preparation required under paragraph 17(b) of theFactories and Machinery (Notification, Certificate of Fitness and Inspection) Regulations1970 [P.U. (A) 43/1970] for subsequent regular inspection after the expiry of suchcertificates of fitness on 10 October 2013.
3. Condition of exemptionThe exemption under paragraph 2 is subject to the condition that all of the machinery asspecified in the Schedule undergo an external inspection and non-destructive tests andthe Inspector is satisfied with the result of such inspection and tests.
SCHEDULE
(1)Registration No.
(2)Description of Machinery
Omitted Omitted
For info.
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324 Factories and Machinery (Exemption to Petronas Gas Berhad, Centralised Utility Facilities,Kerteh, Terengganu) Order 2014
P.U. (A) 44/2014
2. ExemptionAll machinery registered with the Chief Inspector, with the registration numbers anddescription as specified in columns (1) and (2) of the Schedule, in the name of PetronasGas Berhad, Centralised Utility Facilities, Kerteh, Terengganu which have been issuedwith certificates of fitness, are exempted from the preparation required under paragraph17(b) of the Factories and Machinery (Notification, Certificate of Fitness and Inspection)Regulations 1970 [P.U. (A) 43/1970] for subsequent regular inspection after the expiry ofsuch certificates of fitness as specified in column (3) of the Schedule.
3. Condition of exemption
The exemption under paragraph 2 is subject to the condition that all of the machinery asspecified in the Schedule undergo an external inspection and non-destructive tests andthe Inspector is satisfied with the result of such inspection and tests.
SCHEDULE
(1)Registration
No.
(2)Description of Machinery
(3)Expiry Date
Omitted Omitted Omitted
For info.
325 Factories And Machinery (Exemption To Petronas Gas Berhad, Gas Processing Plant 1,Kerteh, Terengganu) Order 2014P.U. (A) 44/2014
2. ExemptionAll machinery registered with the Chief Inspector, with the registration numbers anddescription as specified in columns (1) and (2) of the Schedule, in the name of Petronas
For info.
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Gas Berhad, Gas Processing Plant 1, Kerteh, Terengganu which have been issued withcertificates of fitness, are exempted from the preparation required under paragraph 17(b)of the Factories and Machinery (Notification, Certificate of Fitness and Inspection)Regulations 1970 [P.U. (A) 43/1970] for subsequent regular inspection after the expiry ofsuch certificates of fitness on 11 October 2013.
3. Condition of exemptionThe exemption under paragraph 2 is subject to the condition that all of the machinery asspecified in the Schedule undergo an external inspection and non-destructive tests andthe Inspector is satisfied with the result of such inspection and tests.
SCHEDULE
(1)Registration No.
(2)Description of Machinery
Omitted Omitted
326 Renewable Energy (Amendment of Schedule) Order 2014P.U. (A) 70/2014Effective date: 15thMarch 2014
Amendment of Schedule2) The Schedule to the Renewable Energy Act 2011 [Act 725] is amended by substituting
for the item Solar photovoltaic andother items relating to it the following items:
FirstColumn
Second Column ThirdColumn
Fourth Column FifthColumn
Renewableresource
Description of qualifyingrenewable energy installation
Feed-intariff rate(in ringgit
perkilowatt
hour)
Effective period(commencing from
the feed-in tariffcommencement
date)
Annualdegression
rate
The feed-in tariff rate for solar photovoltaicrenewable energy source is amended.
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Solarphotovoltaic
a) Renewable energyinstallation having aninstalled capacity of:
Basic feed-in tariff
i) up to and including 4kilowatts (individual)
1.0184 21 years 10%
ii) above 4 kilowatts,and up to andincluding 12kilowatts (individual)
0.9936 21 years 10%
iii) up to and including 4kilowatts (non-individual)
1.0184 21 years 10%
iv) above 4 kilowatts,and up to andincluding 24kilowatts (non-
individual)
0.9936 21 years 10%
v) above 24 kilowatts,and up to andincluding 72kilowatts (non-individual)
0.8496 21 years 10%
vi) above 72 kilowatts,and up to andincluding 1megawatt (non-individual)
0.8208 21 years 10%
vii) above 1 megawatt,and up to andincluding 10megawatts (non-individual)
0.6840 21 years 10%
viii)above 10megawatts, and upto and including 30
0.6120 21 years 10%
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megawatts (non-individual)
b) Renewable energyinstallation having any
one or more of thefollowing criteria inaddition to (a) above
Bonusfeed-in tariff
rate inaddition tobasic feed-in tariff rate
i) use as installation inbuilding or buildingstructures
+ 0.2153 21 years 10%
ii) use as buildingmaterials
+ 0.2070 21 years 10%
iii) use of locallymanufactured orassembled solar
photovoltaicmodules
+ 0.05 21 years 0%
iv) use of locallymanufactured orassembled solarinverters
+ 0.05 21 years 0%
327 Poisons (Amendment of Poisons List) Order 2014P.U. (A) 72/2014
2) Amendment of First Schedulea) In the Poisons List -
i) the following items are included ii) the following items and theirparticulars relating to them aresubstituted
ApixabanAvanafilAxitinib
Arsenic; its organic and inorganiccompoundsMercury
The First Schedule to the Poisons Act isamended.
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NatalizumabPertuzumabPralatrexateRegorafenibVemurafenib
NatamycinPotasium hydroxideSodium hydroxide
b) The following items are added in the Appendix to the Poisons Lis t -List Item
Antineoplastic agents andImmunosupressants
AxitinibNatalizumabPertuzumabPralatrexateRegorafenibVemurafenib
Vasodilators Avanafil
Miscellaneous Apixaban
The Appendix to the Poisons List wasamended.
328 Electricity (Amendment) Regulations 2014P.U. (A) 73/2014Effective date: 15thMarch 2014
2) General amendmentThe Electricity Regulations 1994 [P.U. (A) 38/1994], which are referred to as theprincipal Regulations in these Regulations, are amended by substituting for the wordstelecommunication line wherever appearing the words line carrying communications.
3) Amendment of regulation 2Regulation 2 of the principal Regulations is amendeda) by inserting after the definition of circuit breaker the following definition:
communications has the meaning assigned thereto in the Communications and
The term telecommunication line is replacedby line carrying communications.
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Multimedia Act 1998 [Act 588];';b) by inserting after the definition of Electrical Supervisor the following definition:
extra high voltage means a voltage normally exceeding230,000 volts;';c) by inserting after the definition of Malaysian Communications and Multimedia
Commission the following definition:medium voltage means a voltage normally exceeding low voltage but equal to ornot exceeding 50,000 volts;'; and
d) by inserting after the definition of final circuit the following definition:high voltage means a voltage normally exceeding 50,000 volts but equal to or notexceeding 230,000 volts;'.
4) Amendment of regulation 10Subregulation 10(2) of the principal Regulations is amendeda) by substituting for the word biomass the words biomass, biogas; andb) by substituting for the words 10 MW the words 5 MW.
5)
Amendment of regulation 54Regulation 54 of the principal Regulations is amendeda) by substituting for the marginal note the following marginal note:
Fee for processing examination application, examination, endorsement,replacement and reissuance of Certificate of Competency;
b) by renumbering the existing paragraphs (a), (b), (c)and (d)as paragraphs (b), (c),(d) and (e); and
c) by inserting a new paragraph (a) as follows: (a) processing an examination application for a Certificate of Competency:.
6) Amendment of regulation 97Subregulation 97(3) of the principal Regulations is amended by substituting for the word
twenty the word thirty.
7) Amendment of Second ScheduleThe Second Schedule to the principal Regulations is amendeda) by substituting for Part I the following Part:
PART I(regulation 4)
Fee for public or private installation licence isrevised.
The revision is related to fee for processingexamination application, examination,endorsement, replacement and reissuance ofCertificate of Competency.
The fee for processing the Certificate of
Approval of equipment is revised.
The amendment of Second Schedulespecifies the revision of various fees underthe Electricity Regulations.
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FEES FOR THE ISSUANCE OF CERTIFICATE OF REGISTRATION1. Fees according to the following rates are payable for the issuance of Certificate
of Registration under regulation 4:
InstallationCapacity
Annual Fee
1 year 2 years 3 years 4 years 5 years
(a) for each installationof 10 kilowatts orless
RM30 RM60 RM90 RM120 RM150
(b) for each installationabove 10 kilowattsto 50 kilowatts
RM165 RM330 RM495 RM660 RM825
(c) for each installationabove 50 kilowattsto 100 kilowatts
RM550 RM1,100 RM1,650 RM2,200 RM2,750
(d) for each installation
above 100 kilowattsto 300 kilowatts
RM1,100 RM2,200 RM3,300 RM4,400 RM5,500
(e) for each installationabove 300 kilowattsto 600 kilowatts
RM1,650 RM3,300 RM4,950 RM6,600 RM8,250
(f) for each installationabove 600 kilowattsto 5,000 kilowatts
RM2,200 RM4,400 RM6,600 RM8,800 RM11,000
(g) for each installationabove 5,000kilowatts
RM3,000 RM6,000 RM9,000 RM12,000 RM15,000
2. For the purpose of this Part, "installation capacity" means the maximum level ofelectrical power at which an installation can be used, worked on or operated fora period of time without causing damage to any part of the installation.However, for a transmission or distribution system, the installation capacity is atthe maximum level of electrical power at which the system is expected orrequired to supply over a period of time, whichever is the higher.;
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Installation Capacity Fees per inspection andtest
(a) or each installation of 50 kilowatts or less RM60
(b) or each installation above 50 kilowatts to 100kilowatts
RM110
(c) or each installation above 100 kilowatts to 300kilowatts
RM165
(d) or each installation above 300 kilowatts to 600kilowatts
RM220
(e) or each installation above 600 kilowatts to 1,000kilowatts
RM275
(f) or each installation above 1,000 kilowatts RM330;
e) by substituting for Part III the following Part:PART III
(subregulation 10(1))
FEES FOR PUBLIC INSTALLATION OTHER THAN GENERATION REFERRED TOIN SUBREGULATION 10(2)
1. The rates to determine the fees payable on an annual basis for theissuance of a licence for a public installation, other than the generationreferred to in subregulation 10(2), is as follows:a) before the commissioning of any part of the installation
1.1 cent per kilowatt based on the installation capacity as specified inthe licence; and
b) after the whole installation or any part of it has been completed,commissioned and is ready to deliver electricity to any person:
Installation Capacity Types of Activities
Generation Transmission DistributionWhere the aggregate poweris 5 kilowatts and above
RM1.65/kilowatt
RM0.33/kilowatt
RM0.44/kilowatt
For the purpose of determining the fees payable under this subparagraph, thecapacity of the installation shall bei) where part of the installation has been completed, commissioned and is
ready to deliver electricity to any person
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the maximum installation capacity commissioned during the relevant 12months; or
ii) after the whole installation has been completed, commissioned and isready to deliver electricity to any personthe installation capacity as specified in the licence.
2. Where two or more of the circumstances specified in subparagraph 1(a) orsubsubparagraph 1(b)(i) or (ii) occur during the 12-month period from the dateof issuance of the licence or during any subsequent 12-month period, theannual fees payable for the 12-month period shall be based on thecircumstances in subparagraph 1(a) or subsubparagraph 1(b)(i) or (ii),whichever is the higher.
3. Any difference between the annual fees which have been paid and the annualfees, which is payable in accordance with paragraph 2 for the 12-month period,shall be paid within one month from the date of occurrence of thecircumstances which require a higher fee to be paid.
4. In the calculation of the installation capacity, kilowatt (kW) is calculated as 0.85x kilovolt-ampere (kVA).5. For any licence issued before the date of coming into operation of this Part, thefees prescribed in this Part shall be applied on the date that the next annualfees are due and payable.
6. Notwithstanding the foregoing paragraphs, the minimum fees payable underthis Part is RM100.00.
7. A processing fee of RM100.00 shall be charged for an application of a licence.8. A fee of RM100.00 shall be payable for an application to amend the conditions
of the licence or to replace the licence. Any amendment to the conditions of thelicence shall be subjected to such terms and conditions as the Commissionmay impose.
9. For the purposes of this Partcommissioned means the inspection, tests and trial operations carried out onan equipment or installation or any part of it to verify and ascertain that theequipment or installation has been manufactured, fabricated, constructed,installed, set or adjusted according to the relevant safety, operational andperformance requirements so that it is ready to be used, worked or operated;andinstallation capacity means the maximum level of electrical power at which an
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installation can be used, worked on or operated for a period of time withoutcausing damage to any part of the installation. However, for a transmission ordistribution system, the installation capacity is at the maximum level ofelectrical power at which the system is expected or required to supply over aperiod of time, whichever is the higher.;
e) by substituting for Part IIIA the following Part:PART IIIA
(subregulation 10(2))FEES FOR PUBLIC INSTALLATION FOR GENERATING ELECTRICITY USING
BIOMASS, BIOGAS, HYDRO POWER, SOLAR POWER, GEOTHERMALPOWER, WIND POWER, WAVES AND TIDES SOURCES WITH AGGREGATE
POWER NOT EXCEEDING 5 MEGAWATTS1. The rates to determine the fees payable on an annual basis for the issuance of
a licence for a public installation for generating electricity using biomass,biogas, hydro power, solar power, geothermal power, wind power, waves and
tides sources with aggregate power not exceeding 5 Megawatts (MW) shall beas follows:a) before the commissioning of any part of the installation
1.1 cent per kilowatt based on the installation capacity as specified in thelicence; and
b) after the whole installation or any part of it has been completed,commissioned and is ready to supply electricity to any person or utilityRM1.65 for each kilowatt (kW) where the aggregate power of theinstallation capacity is more than 5 kW.For the purpose of determining the fees payable under this subparagraph,the capacity of the installation shall bei) where part of the installation has been completed, commissioned and
ready to supply electricity to any person or utilitythe maximum installation capacity commissioned during the relevant12 months; or
ii) after the whole installation has been completed, commissioned and isready to supply electricity to any person or utilitythe installation capacity as specified in the licence.
2. In the calculation of the installation capacity, kilowatt (kW) is calculated as 0.85
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x kilovolt-ampere (kVA).3. For any licence which has been issued before the date of coming into
operation of this Part, the fees prescribed in this Part shall apply to the date thenext annual fees are due and payable.
4. Notwithstanding the foregoing paragraphs, the minimum fees payable underthis Part shall be RM100.00 and the maximum fees shall be RM2,200.00.
5. A processing fee of RM100.00 shall be charged for an application of a licence.6. A fee of RM100.00 shall be payable for an application to amend the conditions
of the licence or to replace the licence. Any amendment to the conditions of thelicence shall be subjected to such terms and conditions as the Commissionmay impose.
7. For the purposes of this Partcommissioned means the inspection, tests and trial operations carried out on
an equipment or installation or any part of it to verify and ascertain that the
equipment or installation has been manufactured, fabricated, constructed,
installed, set or adjusted according to the relevant safety, operational and
performance requirements so that it is ready to be used, worked or operated;andinstallation capacity means the maximum level of electrical power at which aninstallation can be used, worked on or operated for a period of time withoutcausing damage to any part of the installation. However, for a transmission ordistribution system, the installation capacity is at the maximum level ofelectrical power at which the system is expected or required to supply over aperiod of time, whichever is the higher.;
f) by substituting for Part IIIB the following Part:PART IIIB
(regulation 52)
FEES FOR ISSUANCE OF TEMPORARY CERTIFICATE OFCOMPETENCY
The following fees are payable for the issuance of temporary Certificates ofCompetency:
Subject matter Fees
(a) emporary Certificate of Competency as an RM300
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Electrical Services Engineer
(b) emporary Certificate of Competency as aCompetent Electrical Engineer
RM200
(c) emporary Certificate of Competency as anElectrical Supervisor
RM150
(d) emporary Certificate of Competency as aChargeman (operational voltage exceeding 1kVup to 33kV)
RM110
(e) emporary Certificate of Competency as aChargeman (operational voltage up to 1kV)
RM60
(f) emporary Certificate of Competency as aWireman (3 Phase)
RM40
(g) emporary Certificate of Competency as aWireman (1 Phase)
RM30
(h) emporary Certificate of Competency as a CableJointer
RM40;
g) by substituting for Part IV the following Part:PART IV (regulation 54)
FEES FOR PROCESSING EXAMINATION APPLICATION, EXAMINATION,ENDORSEMENT, REPLACEMENT AND REISSUANCE OF CERTIFICATE OF
COMPETENCYThe following fees shall be charged for processing an examination application,examinations for Certificates of Competency, and for the endorsement,replacement and reissuance of the Certificates of Competency:
Subject matter Fees
(a) or processing an application for each
examination
RM20
(b) or examination for a Certificate of Competencyas an Electrical Services Engineer
RM220
(c) or examination for a Certificate of Competencyas a Competent Electrical Engineer
RM220
(d) or examination for a Certificate of Competencyas an Electrical Supervisor
RM165
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(e) or examination for a Certificate of Competencyas a Chargeman
RM110
(f) or examination for a Certificate of Competencyas a Wireman
RM60
(g) or examination for a Certificate of Competency
as a Cable Jointer
RM60
(h) or endorsement of any Certificate ofCompetency
RM60
(i) or replacement of any Certificate of Competencyas an Electrical Services Engineer
RM330
(j) or replacement of any Certificate of Competencyas a Competent Electrical Engineer
RM330
(k) or replacement of any Certificate of Competencyas an Electrical Supervisor
RM275
(l) or replacement of any Certificate of Competencyas a Chargeman
RM220
(m) or replacement of any Certificate of Competencyas a Wireman
RM110
(n) or replacement of any Certificate of Competencyas a Cable Jointer
RM110
(o) or reissuance of any Certificate of Competency RM30;
h) by substituting for Part V the following Part:PART V (regulation 63)
FEES FOR REGISTRATION OF COMPETENT PERSONThe following fees are payable for the registration as a competent person in thefollowing category under the age limits as specified in regulation 63:
CompetentPerson
Registration Fees1 year 2 years 3 years 4 years 5 years
(a) ElectricalServicesEngineer
RM300 RM600 RM900 RM1,200 RM1,500
(b) CompetentElectrical
RM200 RM400 RM600 RM800 RM1,000
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Engineer
(c) ElectricalSupervisor
RM150 RM300 RM450 RM600 RM750
(d) Chargeman(operational
voltageexceeding1kV up to33kV)
RM110 RM220 RM330 RM440 RM550
(e) Chargeman(operationalvoltage up to1kV)
RM60 RM120 RM180 RM240 RM300
(f) Wireman (1Phase)
RM30 RM60 RM90 RM120 RM150
(g) Wireman (3
Phase)
RM40 RM80 RM120 RM160 RM200
(h) Cable Jointer RM40 RM80 RM120 RM160 RM200;
i) by substituting for Part VII the following Part:PART VII
(regulation 74)FEES FOR CERTIFICATE OF REGISTRATION AS AN ELECTRICAL SERVICES
CONTRACTORThe following fees are payable for the issuance or renewal of a Certificate ofRegistration as an Electrical Services Contractor working on the followingoperational voltage:
Years Operational Voltage in KilovoltsBelow 11 kV 11kV to 33 kV Above 33kV
IssuanceFees
RenewalFees
IssuanceFees
RenewalFees
IssuanceFees
RenewalFees
1 year RM1,000 RM500 RM1,100 RM 550 RM2,200 RM1,100
2 years RM1,500 RM1,000 RM1,650 RM1,100 RM3,300 RM2,200
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3 years RM2,000 RM1,500 RM2,200 RM1,650 RM4,400 RM3,300
4 years RM2,500 RM2,000 RM2,750 RM2,200 RM5,500 RM4,400
5 years RM3,000 RM2,500 RM3,300 RM2,750 RM6,600 RM5,500;
j) by substituting for Part VIII the following Part:PART VIII (regulation 79)
FEES FOR CERTIFICATE OF REGISTRATION AS AN ELECTRICALCONTRACTOR
The following fees shall be payable for the issuance or renewal of a Certificate ofRegistration as an Electrical Contractor in the following classes:
Years Classes
Class A Class B Class C Class D
IssuanceFees
RenewalFees
IssuanceFees
RenewalFees
IssuanceFees
RenewalFees
IssuanceFees
RenewalFees
1 year RM3,000 RM2,000 RM1,500 RM1,000 RM500 RM300 RM200 RM100
2 years RM5,000 RM4,000 RM2,500 RM2,000 RM800 RM600 RM300 RM2003 years RM7,000 RM6,000 RM3,500 RM3,000 RM1,100 RM900 RM400 RM300
4 years RM9,000 RM8,000 RM4,500 RM4,000 RM1,400 RM1,200 RM500 RM400
5 years RM11,000 RM10,000 RM5,500 RM5,000 RM1,700 RM1,500 RM600 RM500;
k) by substituting for Part IX the following Part:PART IX
(regulation 83)FEES FOR CERTIFICATE OF REGISTRATION AS A PRIVATE WIRING UNIT
The following fees shall be payable for the issuance or renewal of a Certificate ofRegistration as a Private Wiring Unit:
1 year 2 years 3 years 4 years 5 years
Issuance Fees RM330 RM550 RM770 RM990 RM1,210
Renewal Fees RM220 RM440 RM660 RM880 RM1,100;
l) by substituting for Part X the following Part:PART X
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2 years RM990 RM660 RM5,500 RM4,400
3 years RM1,320 RM990 RM7,700 RM6,600
4 years RM1,650 RM1,320 RM9,900 RM8,800
5 years RM1,980 RM1,650 RM12,100 RM11,000;
o) by substituting for Part XII the following Part:PART XIII (regulation 97)
FEES FOR CERTIFICATE OF APPROVAL TO MANUFACTURE, IMPORT,DISPLAY, SELL OR ADVERTISE EQUIPMENT
The following fees shall be payable for the issuance or renewal of a Certificate ofApproval to manufacture, import, display, sell or advertise each equipmentoperated at the following voltage ratings:
Voltage rating Issuance Fees for 12months
Renewal Fees for 12months
(a) 240V RM220 RM110
(b) 415V RM330 RM220.