Biofuels in Malaysia An analysis of the legal and institutional framework

Malaysia is the world's largest exporter and the second largest producer of crude palm oil. The government has sought to promote the production of biodiesel derived from palm-oil to capitalise on the growing international demand for biofuels, seen as an alternative to fossil fuels amidst concerns over rising fuel costs, greenhouse gas emissions and energy security. The Malaysian government launched its National Biofuel Policy in 2006 to promote the commercialisation, use, export and research of biodiesel derived from palm oil. Since then, soaring palm oil prices coupled with a decline in fossil fuel prices have significantly reduced the economic viability of palm oil- based biodiesel production in the country. Consequently, biodiesel production is suppressed to about 10% or less of the total domestic installed capacity. In February 2010, the government decided to delay implementation of the mandate on the sale of B5 biodiesel blend until June 2011. The B5 mandate applies only to the Central Region of Peninsular Malaysia and it is unlikely that the domestic demand generated will be sufficient to sustain the industry. The current outlook for the Malaysian biodiesel industry looks rather uncertain, as no substantial government subsidies appear to be forthcoming in the near future. Furthermore, the industry is extremely vulnerable to fluctuating palm oil and petroleum prices and the development of restrictive biofuel policies in key consumer markets. This paper provides an overview of the development of the Malaysian biodiesel industry and a brief assessment of the effectiveness of national policies, strategies and laws that promote and regulate the industry.

In Malaysia as of 2010, the area of oil palm plantation was 4.85 million ha covering 14% of the total land area in Malaysia.Sabah still has the largest area planted with oil palm of any state, accounting for 1.4 million hectares (ha).Sarawak registered a 9.5% increase in planted area in 2010, the highest in the country, and the state now accounts for 0.9 million ha of oil palm plantation (Choo 2011).
Palm oil prices went above MYR3000 towards the end of 2010 and remained high in early 2011 (MPOB 2011).Although experts expect the price to soften somewhat towards the middle of the year, any decrease in price will still be mitigated by the strength of other major vegetable oils, leading one industry expert to state that palm oil prices are unlikely to fall below MYR3000 in 2011 (Hanim 2011a(Hanim , 2011b)).However, forecasts differ on crude palm oil prices for 2011, reflecting the volatility of influencing factors, such as crude oil prices and changes in biodiesel mandates (The Star 2011, Hanim 2011b).
Malaysian biodiesel exports dropped by 60% in 2010 to 90 000 tonnes, with many producers unable to maintain operations due to the high cost of production (Choo 2011).The Malaysian Palm Oil Board reported that the export of local biodiesel ceased for two months in December 2010 and January 2011 (Hanim 2011c).
The Malaysian government's recent decision to subsidise the price of biodiesel, coupled with the launch of Neste Oil's 800 000 tonne-per-annum biodiesel plant in Singapore, may breathe new life into the local biodiesel industry (Koswanage and Taylor 2011).Many are also hoping that the outlook for biodiesel will be more favourable with the political unrest in the Middle East and North Africa driving crude oil prices above US $100 a barrel (Hanim 2011c).It is anticipated that Neste Oil's Singapore plant could be a substantial source of future feedstock demand for Malaysia (Koswanage and Taylor 2011).However, due to the strength of current and projected palm oil prices, the planned government subsidy is unlikely to be sufficient to offset the high cost of production (Edy 2011).

Foreword 1. Introduction
Amidst concerns over energy security, volatile fuel prices and rising greenhouse gas emissions, many countries are turning towards biofuels as a more environmentally friendly alternative to fossil fuels.The introduction of legislation mandating the use of biofuels in the energy mix, for example in the United States and the European Union, has stimulated the demand for vegetable oils, for use as biodiesel.
Although providing new economic opportunities for producer countries, this development is not without its controversies.The expansion of agricultural land for the cultivation of biofuel feedstocks raises concerns about deforestation, biodiversity loss, land conflicts, competition with land for food and an increase in carbon emissions from land use change.
Malaysia is currently the world's largest exporter and the second largest producer (after Indonesia) of crude palm oil (CPO) (Hoh 2009).In 2009, Malaysia produced 17.6 million tonnes of CPO (Basri 2010).Malaysia's palm oil industry is the fourth largest contributor to the national economy and accounts for 8% of gross national income (GNI) per capita (PEMANDU 2010).Recognising its competitiveness, Malaysia has attempted to capitalise on the emerging biofuel market by promoting the production of palm oil-based biodiesel.The Malaysian government launched the National Biofuel Policy in 2006 and a series of supporting measures to promote sector development.However, since adoption of the policy, palm oil prices have risen and fossil fuel prices have declined, reducing the economic viability of palm oil-based biodiesel production. 1 With the government mandate on the sale of B5 biodiesel blend delayed for over a year and a lack of direct subsidies, the current outlook for the Malaysian biodiesel industry is uncertain.
This report traces the development of the Malaysian biodiesel industry, and assesses the effectiveness of national policies, strategies and laws in promoting and regulating sector development.
This section provides an overview of the state of biofuel development in Malaysia.As ethanol is currently not produced in Malaysia for use as a fuel (Hoh 2009) this report focuses specifically on biodiesel, with palm oil as the feedstock of choice.

Palm oil-based biodiesel in Malaysia
The high global demand for palm oil is driven by its wide variety of uses, such as cooking oil, food additive, industrial lubricant, cosmetics ingredient and most recently as a feedstock in biodiesel production (MPOC 2007).As a feedstock for biodiesel, palm oil has distinct advantages over other oils (Ramli et al. 2007).Firstly, oil palm is the most productive oil crop and, without subsidies, palm oil is cheaper than any other vegetable oil used in biodiesel production (Basri et al. 2008).Secondly, as a perennial crop with an economic cycle of about 25 years, oil palm is less susceptible to changes in weather patterns and thus ensures a relatively reliable supply of feedstock for the biodiesel industry in comparison with an annual crop (Ramli et al. 2007).
For the production of palm oil-based biodiesel, refined palm oil products-such as refined bleached and deodorised (RBD) palm oil or palm olein 2are used as feedstock, rather than CPO (MPOB and Lipochem, undated).The transesterification process produces methyl esters that can be used in most diesel engines with little or no modification. 3 Another method of substituting petroleum diesel involves the direct blending of straight vegetable oil (Lopez and Laan 2008).In Malaysia, this second type of diesel mix was launched with much publicity 2 Palm olein is widely used as cooking oil and is the liquid obtained by fractionation of palm oil after crystallisation at controlled temperatures (MPOC 2009).
3 Transesterification is a process in which oil molecules are mixed with an alcohol (methanol or ethanol) to produce fatty acid methyl esters (FAME) biodiesel (Lim and Teong 2010).
in late 2006 as 'Envo Diesel' (Bernama 2006).Envo Diesel is a mixture of 5% processed palm oil with 95% petroleum diesel.Since Envo Diesel uses refined palm oil instead of palm methyl ester, the production cost is considerably lower (as it does not need to be transesterified), thereby giving it a higher profit margin (Mamat, personal communication).The initial plan was to use Envo Diesel in government vehicles before gradually extending its use to industrial and transportation sectors in 2010.
However, the implementation of Envo Diesel encountered several obstacles particularly from diesel engine manufacturers.The Japan Automobile Manufacturers Association (JAMA) refused to extend their engine warranty to the use of Envo Diesel, due to concerns over filter plugging, fuel system corrosion and material incompatibility (Petrolworld 2008, Lim andTeong 2010).Furthermore, the fuel blend has a greater tendency to solidify at lower temperatures and is therefore unsuitable for use in cold and temperate climates (Lim and Teong 2010).As a result, the government has switched to what is commonly known as B5, which is 5% palm methyl ester mixed with 95% petroleum diesel (Petrolworld 2008, Zuraimi 2008).Malaysia imports an estimated 10 million tonnes of diesel annually and the use of a B5 blend could reduce the import volume by 500 000 tonnes, saving an estimated US $380 million a year (Lim and Teong 2010).
Although the emphasis has been predominantly on palm oil, there are some initiatives looking into other crops for biodiesel production.

The history of the biodiesel sector in Malaysia
The commercial interest in biodiesel dates back to the early 1980s.As the world's largest producer and exporter of palm oil at that time, the Malaysian government realised its potential to become a pioneer in the biodiesel industry (Lim and Teong 2010).Laboratory research on palm biodiesel began in 1982, spearheaded by the Malaysian Palm Oil Board (MPOB, then known as PORIM) and funded by a research and development levy on the palm oil industry (Lopez and Laan 2008).Two years later, a pilot plant for producing palm biodiesel was constructed in collaboration with Petronas (Petroliam Nasional Bhd) (Lim and Teong 2010).By 1985 it was producing palm oil methyl ester at 3000 tonnes per annum (MPOB and Lipochem, undated).In the years that followed, laboratory testing, stationary engine evaluation and field trials were carried out successfully on a large number of diesel-powered vehicles including taxis, commercial trucks, passenger cars and buses (Lim and Teong 2010, MPOB and Lipochem, undated).
In 1992, MPOB successfully developed a winter-grade biodiesel production technology, which enabled

Box 1. A brief look at oil palm cultivation in Malaysia
The oil palm tree (Elaeis guineensis) was first introduced to Malaysia (then Malaya) in the early 1870s as an ornamental plant.The first commercial planting took place in 1917 in the state of Selangor.Oil palm has since flourished and established itself as the number one plantation crop in Malaysia.Cultivation was intensified in the 1960s as part of the government's agricultural diversification programme to reduce the country's economic dependence on rubber and tin, and to alleviate rural poverty (MPOC 2007).
Oil palm cultivation covers 14% of the total land area of Malaysia, having grown from less than 1 million ha in the 1970s to 4.69 million ha in 2009 (MPOB 2010).Initially, most of this expansion took place in Peninsular Malaysia but as the availability of suitable land ran out, recent expansions have taken place mostly in the states of Sabah and Sarawak (Teoh 2000(Teoh , 2002)).Sabah is now the largest palm oil producing state in Malaysia, accounting for over 30% of national output and 1.3 million ha of oil palm (POIC 2007, Basri 2010).In 2009, Sarawak registered an increase of 12.8% in the area planted with oil palm, compared to 3.3% in Peninsular Malaysia and 2.1% in Sabah (Basri 2010).
Historically, government land settlement schemes, in particular FELDA a (Federal Land Development Authority), have played an important role in the expansion of oil palm plantations (Teoh 2000) and forest conversion in Peninsula Malaysia (Wakker 2005).However, in the Sixth Malaysia Plan (1991Plan ( -1995) ) and in subsequent plans, b the government started to shift its strategy in favour of large estate development by the private sector.By 1999, private estates were responsible for about 60% of the total area planted with oil palm in Malaysia, with over 70% in the states of Sabah and Sarawak (Teoh 2000).Independent smallholders own 12% of the land cultivated with oil palm, while 28% is under organised smallholders such as those under the FELDA scheme (PEMANDU 2010).
The Malaysian government plays multiple roles in the oil palm industry, acting as regulator, policy maker, law enforcer, land owner, shareholder and promoter (Lopez and Laan 2008).The government and various state funds own almost 70% of Sime Darby, the country's largest company, valued at about US $16 billion (Reuters 2009a).The government has a key role in the Tabung Haji Foundation, which owns TH Plantations (Lopez and Laan 2008).The government is also involved in the industry via government investment funds such as the Employee Providence Fund (EPF), state government parastatal companies and smallholder settlement schemes (Lopez and Laan 2008).
Many Malaysian companies, whether private or state owned, have land banks in neighbouring Indonesia and are starting to look further abroad as land available for oil palm plantation becomes more limited in Malaysia (Mongabay 2008, Sime Darby 2008, Kulim 2009, Reuters 2009b, Zaidi 2010).Sime Darby, for example, has a concession in Liberia to develop 220 000 ha of land into oil palm and rubber estates (Sime Darby 2008).
a FELDA is the single largest entity in terms of land management or ownership (Lopez and Laan 2008), with 15% of the total cultivated oil palm land.
b In the eighth and ninth Malaysia Plans strong emphasis was placed on improving the competitiveness of the oil palm sector by increasing yield, enhancing private sector involvement, improving research and development, and diversifying downstream markets.
the use of palm biodiesel at low temperatures (Lim and Teong 2010).However, despite the extensive research and field trials that took place during the 1990s, Malaysia's biofuel industry came to a standstill.The sector was given new life when the Fifth Fuel Diversification Policy was adopted under the Eighth Malaysia Plan (2001)(2002)(2003)(2004)(2005) (Lim and Teong 2010).
In response to policy objectives, efforts were made to promote the use of biomass, biogas, municipal waste, solar and mini-hydro as renewable energy sources (EPU 2001).This was further emphasised in the Ninth Malaysia Plan (2006Plan ( -2010)).In a bid to reduce dependency on fossil fuels and adopt more renewable energy sources, alternative fuels like palm biodiesel were promoted, especially in the transport sector (EPU 2006).
In 2006, the government adopted the National Biofuel Policy to further promote the production and consumption of biodiesels.In support of the policy, the government announced a pledge to set aside 6 million tonnes of CPO for biodiesel production (MIDA 2006).In August the same year, Malaysia's first commercial-scale biodiesel plant began operations in Pasir Gudang, Johor (Abdullah et al. 2009)  • reduce dependency on fossil fuels; • mobilise local resources for biofuels; • exploit local technology for biofuel production; • create new demand for palm oil; • stabilise the CPO price; and • mitigate climate change by reducing greenhouse gas emissions.
The policy focuses on the blending of processed palm oil with petroleum diesel and the conversion of palm oil into biodiesel (palm methyl esters) for export (NBP 2006).The policy has yet to meet its mediumand long-term goals, mainly due to the increase in CPO price and the drop in oil prices (Lim and Teong 2010).The National Biofuel Policy is summarised in Figure 1.
The National Biofuel Policy is the main policy underpinning the Malaysian biodiesel industry.The policy focuses on the commercialisation, usage, research, technology and export of biodiesel but does not include upstream aspects of sector development (e.g. the production of biodiesel feedstock).The oil palm industry is supported by various economic 5 The National Biofuel Policy states that extensive consultations took place during policy formulation but no information is available on which parties were consulted and the impact they may have had on the proceedings.7 The NEM recognises the palm oil industry as an important contributor to the Malaysian economy and emphasises initiatives to enhance productivity and sustainability (Hanim 2010b).8 The palm oil industry is listed as one of the top 10 priority industries in SCORE.9 An excerpt from the executive summary of NAP3 states, 'the growth of the oil palm industry will be sustained through productivity improvements and development of new varieties for specific functional end-uses.Focus will also be given to productivity improvement in the downstream processing and manufacturing of higher value-added palm oil products such as oleochemicals.' 10 Sabah Agricultural Policy (1992-2010)

Institutional and legal framework specific to biofuels
standard EN 14214, with some minor modifications suggested by the Technical Committee on Petroleum Fuels (Nik Aida, personal communication).12For blended biodiesel, on the other hand, the quality standard is MS 123:2005, which is essentially a quality standard for Euro 2M diesel.At the moment, adherence to the published Malaysian biodiesel standards is still voluntary and they are mainly used as a business to business tool (Nik Aida, personal communication).

The Malaysian Biofuel Industry Act
Following the development of the National Biofuel Policy, the Malaysian Biofuel Industry Act 2007 was introduced to further regulate and facilitate sector development.The act came into force on 1 November 2008 and provides for mandatory blending of biofuel with petroleum diesel and licencing of downstream activities, such as production, blending, storage, transportation and export (MPOB 2009a).The act only regulates palm olein and methyl ester and not any other type of biofuel (Faizah 2008).
The task of issuing biofuel manufacturing licences was taken over by the MPIC from the Ministry of International Trade and Industry.Prior to this, anyone who wished to manufacture biofuels had to apply for two licences (Faizah 2008): a manufacturing licence from the Malaysian Industrial Development Authority,13 and a licence to use palm oil raw materials at the manufacturing plant from the MPOB.14Since the Malaysian Biofuel Industry Act came into force, biodiesel companies only need to apply for one licence (Faizah 2008), thereby streamlining the management and administration of licence holders.
The act empowers the Minister of Plantation Industries and Commodities to prescribe the type of biofuel (i.e.palm olein and methyl ester) and its percentage by volume to be blended in any fuel; or the activity for which the use of biofuel is to be made mandatory (Faizah 2008).A Biofuel Licensing Task Force has been formed under the Secretary General of the MPIC to process the licence applications.The Biofuel Working Committee evaluates and makes recommendations on the applications, which are then submitted to the Biofuel Licensing Committee for consideration and approval (MPIC 2009).
Applications for biofuel licences were only considered on a limited basis until 31 December 2009, subject to the fulfilment of the following conditions (MPOB 2009a): • Applicants need to show proof that they have secured the finances and stable feedstock supply to start operations; and • Applicants are undertaking capacity enhancement and have been in operation since 31 December 2007; or • Applicants produce phytonutrients 15 from oil palm products.
By March, 2010, the government had approved 56 licences for biofuels production under the act, for a combined production capacity of 6.8 million tonnes (Dompok 2010).
The licencing authority maintains the right to suspend or revoke a licence if the licencee stops the production or operation of any activity for which the licence was issued (MPOB 2009a).
15 Phytonutrients are natural substances found in plants that are beneficial to health.Phytonutrients of palm oil remain intact during biodiesel processing and can be extracted and sold as high-value health supplements (MPOB and Lipochem, undated).In order to make up for the poor profit margin in biodiesel, biofuel producers such as Carotech Bhd are also involved in the extraction and sale of palm oil phytonutrients (Hanim 2010d).This section describes nonsectoral policies and legislation that influence biofuel production and the cultivation of feedstock (oil palm) in Malaysia, including environmental safeguards, land use and land allocation policies, market instruments and certification schemes.

Incentives, taxes and levies
In support of the biodiesel industry, the Malaysian government reportedly allocated about US $26.8 million in the form of low-interest loans and federal grants for research and development and demonstration projects, between 2004 and 2006 (Lopez and Laan 2008).
It is unclear to what extent companies engaged in biodiesel processing have actually benefitted from these tax incentives (Lopez and Laan 2008).Some industry sources have pointed out that tax exemptions offer only a small compensation since production is running at a loss and operations are suspended for many months of the year. 16The government does not provide direct subsidies for the production and consumption of biodiesel (Lopez and Laan 2008).

Institutional and legal framework relevant to biofuels
taxed (without qualifying for tax exemptions) (see Table 3).The palm oil industry pays a number of cesses, levies and taxes to the MPOB and the Ministry of Finance.A cess of about MYR11 (US $3.4) per tonne of CPO produced is paid to the MPOB for research and development (Chandran 2004).Palm oil planters also pay a cess to the palm oil price stabilisation fund of MYR2 (US $0.6) per tonne (before the review in 2009, this was MYR4 per tonne) (Hanim 2009c).The cooking oil price stabilisation scheme was introduced in May 2007 and required owners of oil palm estates larger than 40.46 ha to pay a cess that is meant to subsidise the price of cooking oil to help counter the high CPO price (The Star 2008b).Smallholder and government land schemes are exempt from payment (The Star 2008b).Additionally, in order to encourage domestic palm oil processing, the Malaysian government also imposes export duties on CPO, though not on processed palm oil or biodiesel (Hoh 2009).
Palm oil producers also pay a windfall tax when CPO prices are above MYR2500 (US $769.2) per tonne in Peninsular Malaysia and MYR3000 (US $923.1) per tonne in Sabah and Sarawak (Hanim 2010b).Smallholders owning 40 ha and below are exempt from paying the windfall tax.Unlike the corporate tax, the windfall tax is not based on actual profits but on CPO production, an issue that many palm oil planters are unhappy with, as profitability of oil palm plantations depends on the age and productivity of the trees rather than the price of CPO (Ooi 2009).
Palm oil industry players regard the windfall profit tax, cess for cooking oil price stabilisation and cess for palm oil price stabilisation, as overly burdensome and unfair (MPOA 2009, Hanim 2010b).The Malaysian palm oil industry claims that the many taxes and levies make palm oil the highest-taxed vegetable oil in the world (Ooi 2009).

Environmental regulations
The expansion of oil palm plantations in the tropics has been associated with a host of environmental problems such as deforestation, biodiversity loss, water pollution, soil erosion, carbon emissions resulting from land use change and forest fires, and pesticide use.However, much of the growth in palm oil production is driven by global demand for edible oils.Therefore the link between these environmental problems, particularly deforestation, and the expansion of biodiesel production itself is less clear.The relevant federal and state legislation covering the oil palm industry is listed in Annex I.The states of Sabah and Sarawak manage their own environmental regulations independent of federal control.In this section, the Environmental Impact Assessment Regulation and its relevance to the biodiesel and oil palm industry is explored.
In In contrast to Preliminary EIAs, Detailed and Special EIAs require public participation (Moduying 2001, DOE 2008). 18The public can provide input at two stages of the process: the terms of reference (TOR) and the review of the completed EIA report.Each state has the autonomy to exercise its own governance on matters relating to land and water.This serves as a major constraint to the effectiveness of the federal EIA procedures, as the management of these resources is beyond the scope of the Environmental Quality Act and the DOE (Memon 2000).
In terms of content, the EIA report must consist of an assessment of the potential environmental and social impacts of the project and impact mitigation and monitoring proposals (EPD 2005).In the case of an oil palm plantation the potential impacts include soil erosion, biomass disposal (as a result of land clearance), water and air pollution, and impacts on surrounding communities (social, economic and environmental) (ECD 2002).However, it is not unusual for negative impacts to be understated in EIAs.As pointed out by Memon (2000), the accuracy and quality of EIA reports is limited by a lack of environmental, social, and economic baseline data.
Public participation in the EIA review and approval process is also limited (Memon 2000, Emang 2006, Marzuki 2009).In the case of Sarawak, public participation is not a requirement in the EIA process but may be included at the prerogative of the project proponent.This severely undermines the transparency of the EIA approval process.
In Malaysia EIA is generally perceived as a barrier to development, as it can delay the approval and implementation of a project (Memon 2000).Many EIAs are undertaken late in the project planning and design stages and consequently issues such as location choice, design, and technology alternatives are not adequately considered (Memon 2000, Briffett et (Briffett et al. 2004).

Certification
The Based on the legal gazettement of forest areas, the forests in Malaysia can be categorised by forest type (Jomo et al. 2004): • Permanent forest estates: comprised of protective forests and commercial or production forests.Production forests are forests that are set aside for logging and harvesting of forest products; • National parks and wildlife reserves: land under strict protection; and  (Devisscher 2007, Michael 2009).The affected communities can, and have, brought their grievances to court; some have been successful (Ling 2010), but such cases often take many years to come to trial (Devisscher 2007).

Palm oil development and poverty alleviation through land settlement schemes
Three land settlement schemes have played significant roles in the growth of oil palm cultivation in Malaysia: those managed by the Federal Land Development Authority (FELDA), the Sabah Land Development Board (SLDB) and the Sarawak Land Development Board.
FELDA was established under the Land Development Act 1956, with the support of the World Bank and United Nations (Gustafsson 2007, FELDA 2008), as part of a poverty reduction scheme for landless farmers and smallholders.At first, FELDA's role was to manage and channel federal funds to the respective state governments for land development and settlement projects.However in 1961, FELDA was tasked with conducting its own land development and settlement schemes nationwide.Through the settlement scheme, settlers (low income and landless rural people) are each allocated a housing plot and a plot of land to cultivate (Lopez and Laan 2008).Income is obtained from plantation production, other farming activities and non-farm income.FELDA also provides settlers with a guaranteed minimum income (Lopez and Laan 2008).Settlers eventually gain ownership of their plots after they have paid for the development costs of their units.Of this development cost, 42% is borne by the government, whilst each settler is expected to bear the remaining cost (Lopez and Laan 2008).
FELDA has supported the resettlement of more than 100 000 families who were previously landless and living below the poverty line by providing each family with 4 ha of land cultivated with crops such as oil palm, rubber or cocoa (Gustafsson 2007).Settlers are prohibited from converting oil palm to other crops, or from selling or leasing land to others without prior approval from the state.Nevertheless, in some instances, settlers have sold or mortgaged their lands without the knowledge of FELDA or the state (New Straits Times 2003, Wakker 2005).Through this land scheme, FELDA currently manages 853 313 ha of plantations (about 85% is planted with oil palm) and provides basic amenities such as piped water, electricity, schools, roads and medical facilities to farmers (FELDA 2008).
During the Sixth Malaysia Plan (1991)(1992)(1993)(1994)(1995), less emphasis was given to developing new land for agriculture in favour of increasing agricultural productivity (Sutton 2001).Settler recruitment by FELDA ceased and those areas not yet settled were allocated to estate companies.Agricultural labourers were recruited instead of settler families.FELDA was restructured to create a new division, FELDA Plantations Sdn Bhd, which manages 38% of FELDA's land area, leaving the rest as settler schemes.New plots were usually planted with oil palm.This policy shift in the Sixth Malaysia Plan continued in the Seventh Malaysia Plan (1996Plan ( -2000)).The Sabah and Sarawak land development agencies were tasked to develop 37 090 ha of new land, with private companies developing a further 88 890 ha of land.Thus the Malaysian government's political philosophy shifted from state companies in favour of the private sector (Sutton 2001).
The Sabah Land Development Board was formed in 1969 and incorporated under the Sabah State Enactment Bill 23 in 1981 (SLDB 2008).The Board's primary objective is to develop agricultural lands for the resettlement of landless people in Sabah (SLDB 2008).Sawit Kinabalu Bhd was formed in 1996 when the Sabah state government decided to corporatise the Board through a merger with Borneo Samudera Sdn Bhd (Sawit Kinabalu, undated).In 2002, Sawit Kinabalu Bhd and the SLDB were separated into two different entities.Sawit Kinabalu Bhd is an investment holding company owned by the Chief Minister Incorporated, whilst the Sabah Land Development Board remains a state government agency in charge of rural development and poverty eradication programmes (Sawit Kinabalu, undated).
In Sarawak, land resettlement schemes were at first modelled on FELDA.The schemes were initially implemented by the Agriculture Department but were later taken over by the Sarawak Land Development Board (Cooke 2006).The schemes failed and were later abandoned as they lacked the labour and expertise required, and farmers were often unable to make the necessary loan repayments (Cooke 2006).
In the 1990s, the Sarawak government introduced the New Concept Model (Konsep Baru) as a strategy for rural development on land under native customary rights (Cooke 2006).This involves the formation of a joint venture company.The concept of the joint venture is based on the assumption that fragmented areas of native customary land can be pooled into a Native Customary Land Bank.The Sarawak Land Development Board and the Land Custody and Development Authority are appointed as managing agents (Cooke 2006).Native Customary Land owners have to sign a trust deed to assign all their rights, interests, and shares in the land to the government agency, which will then enter into a joint venture with a private company (Cooke 2006).Under the joint venture company arrangement, the private company holds 60% ownership, the landowner holds 30% and the government agency holds the remaining 10%.Land titles are issued to the joint venture for 60 years (Cooke 2006).The Sarawak state government expects this strategy to make 'idle' 21 native customary land more productive and profitable, as well as to help achieve the target of developing 1 million ha of oil palm plantations by 2010 (Cooke 2006, Wong 2010).
21 It is a commonly held notion that land is productive only when occupied and improved (Cooke 2006).In some ways, the colonial belief that subsistence-based agriculture and shifting cultivation, as practiced by natives, are wasteful and that state intervention through the introduction of modern agricultural techniques and plantation agriculture is required, is still retained by the government (Doolittle 2004(Doolittle , 2007)).
The Sarawak government considers most native customary land in the state to be idle land (Michael 2009, Wong 2010).The Sarawak Land Consolidation and Rehabilitation Authority currently has 18 000 NCR landowners, covering an area of 50 000 ha, participating in its oil palm plantation scheme (Davidson 2010).This Authority is planning to expand participation in the scheme to 90 000 NCR landowners by 2020 (Davidson 2010).
Many cases have been reported in Sarawak where communities were not consulted before oil palm plantation expansion occurred and their native customary rights to land were not recognised by the state government (Cooke 2002, Michael 2009).Even when consultations were made (e.g.negotiations for compensation), it was the village headmen that were involved, excluding the rest of the community from the decision-making process (Devisscher 2007).Also, native communities have voiced distrust over the transparency of joint venture company accounts and decision-making processes, to which the communities have no access.Communities are completely at the mercy of the joint venture company when it comes to the allocation of benefits and profit (Cooke 2002, Devisscher 2007).

Main stakeholders in the palm oil and biodiesel sector
The major stakeholders in the Malaysian palm oil industry are briefly summarised in Figure 3.The development of Malaysian plantation and commodity sectors, with respect to crops such as palm oil, rubber and wood, falls under the Ministry of Plantation Industries and Commodities (MPIC).Three other organisations actively involved in the palm oil industry are the Malaysian Palm Oil Association (MPOA), the Malaysian Palm Oil Board (MPOB) and the Malaysian Palm Oil Council (MPOC).
The Malaysian Palm Oil Association (MPOA) was established in 1999 through the merger of four major plantation associations: the Rubber Growers' Association; the United Planting Association of Malaysia; the Malaysian Oil Palm Growers' Council; and the Malaysian Estate Owners' Association.MPOA members jointly manage about 40% of the total oil palm area under cultivation and control 60% of the palm oil milling capacity in Malaysia (Chandran 2004).Although the main focus is on oil palm, the MPOA also serves the interests of other plantation crops such as rubber, cocoa and tea, and deals with non-crop issues relating to land, labour, trade and pricing (MPOA 2009).The MPOA's priorities are labour matters, productivity issues, yield, market competitiveness, taxation and cess, and the duty structure of the palm oil industry.The MPOA's interest in biodiesel itself is marginal as the great majority of its members are not involved in the sector.
The Malaysian Palm Oil Promotion Council was established in 1990 and was renamed the Malaysian Palm Oil Council (MPOC) in 2006 (MPOC 2008).It is the main promotional and marketing vehicle of Malaysian palm oil in the international arena.The MPOC is a semi-government agency under the MPIC and its mission is to promote palm oil products, including biodiesel, and manage the image of palm oil in key international markets (especially in relation to environmental sustainability) (MPOC 2008).The MPOC has always been very defensive and highly critical of anti-palm oil campaigns by international NGOs.

Customers
In the local biodiesel sector, the two key actors are the MPIC and MPOB (Mamat, personal communication; Chan, personal communication).As the main ministry governing the palm oil industry, the MPIC oversees the development and implementation of the National Biofuel Policy and the Biofuel Industry Act.The MPOB is an agency under the MPIC, and was established in 2000 through a merger of the Palm Oil Research Institute of Malaysia and the Palm Oil Registration and Licensing Authority (MPIC 2010).The MPOB is funded from government budget allocations and a government imposed cess on the palm oil industry (see Table 3).The MPOB's functions include the registration, regulation, coordination and promotion of all activities relating to the planting, supply, sale, purchase, distribution, movement, storage, surveying, testing, inspecting, export and import of oil palm products and the milling of oil palm fruit (MPIC 2010).In 2006, the MPOB's total    funding was MYR282 million (US $86.8 million), around 95% of which came from the cess (Lopez and Laan 2008).
The MPOB is the lead government agency in research and development on palm oil-based biodiesel, and has been quite successful in developing its own biodiesel technologies, including winter-grade palm biodiesel technology.The technologies developed by the MPOB are licenced to the industrial sector for a fee (Hoh 2009).Three winter-grade palm biodiesel plants and six normal-grade palm biodiesel plants use MPOB technology, including one plant in South Korea and another in Thailand (Dompok 2010).
The Malaysian biodiesel industry is still relatively small, with 25 biodiesel plants (PEMANDU 2010).
The Malaysian Biodiesel Association is the only industry association that represents the interests of the biodiesel industry, unlike the MPIC and MPOB which represent the government's interests.Established in 2008, the Malaysian Biodiesel Association currently consists of 22 members, located in Peninsular Malaysia and Sabah.Members meet on a quarterly basis or when the need arises (Chan, personal communication).One of the current priorities of the Malaysian Biodiesel Association is to engage with relevant government ministries and agencies on the effective implementation of the mandatory biodiesel blending target in Malaysia (Chan, personal communication).
The direction of the biofuel sector is very top-down, in terms of policy and implementation, with key decisions lying with government bodies like the MPIC and MPOB. 22Although the Malaysian Biodiesel Association has been rather vocal about the plight of biodiesel investors and the need for direct subsidies, its influence on government policy remains limited.Some NGOs have unfavourable positions towards biofuels (e.g.Sahabat Alam Malaysia and Wetlands International) but still actively engage with government and industry.Many NGOs are active in addressing the environmental and social impacts of oil palm development, and focus on biodiversity loss, habitat fragmentation, land conflicts, water pollution, better management practices, RSPO certification, and the marginalisation of indigenous communities.Industry representatives have questioned the NGOs' silence on the benefits of switching to a renewable fuel (biofuel), whilst only focusing on the negative impacts of oil palm development. 23espite 56 licences being issued under the Biofuel Industry Act 2007 (Dompok 2010), Malaysia has only 25 biodiesel plants, with many of them operating below their installed capacities.Within the Sabah Palm Oil Industrial Cluster (POIC), for example, eight biodiesel licences have been issued but only two plants have been constructed and are operational, whilst the rest have been put on hold (Bilson, personal communication).In 2009, biodiesel production was reportedly below 10% of the domestic total installed capacity (Hanim 2009b).
According to the Malaysian Palm Oil Association (MPOA) Chief Executive Officer, Datuk Mamat Salleh, a financially viable biofuel programme would require extensive subsidies.This is due to a number of factors: • The price of CPO is currently too high for biodiesel production to be profitable. 24When the CPO price is at MYR2500 (US $769.2) per tonne and Tapis crude oil is US $80-90 per barrel, biodiesel costs an estimated 60 sen (US $0.2) per litre more to produce than petroleum diesel (Hanim 2010c).At this crude oil price, many CPO producers stop production once the CPO price hits about MYR2000 (US $615.4) per tonne (Hanim 2009d).
• Biodiesel will not be competitive domestically, as petroleum diesel is highly subsidised by the government. 25One of the major challenges for producers is the high cost of palm biodiesel, which is sold at MYR2.80 (US $0.9) per litre compared with about MYR1.70 (US $0.5) per litre for petroleum diesel (Hanim 2009d).Without a price subsidy or support, biodiesel simply cannot compete in the domestic market (Mamat, personal communication; New, personal communication).
• The domestic demand may not be large enough to sustain the industry as diesel vehicles account for only 5% of private vehicles in the country (Hoh 2009).The uptake of B5 by diesel vehicles belonging to the Ministry of Defence, the Kuala Lumpur City Hall and Selangor's Public Works Department is a disappointing 40 tonnes a month on average in 2009 (Hanim 2009d).
• Petroleum companies have been reluctant to set up the necessary blending facilities to make B5 more widely available at their retail stations (Hanim 2009e).This probably led to the setup of the MYR5 million start-up fund offered by the Malaysian Palm Oil Board to offset some of the initial cost of infrastructure investment.
The biodiesel market in the EU and USA is supported by a range of incentives and mandates (Fry 2008).Consistent demand for biofuels can only be guaranteed once government mandates blending with fossil fuels, which renders biodiesel demand independent of fossil diesel prices (Fry 2008;Suharto, personal communication).Otherwise, the prices that blenders are willing to pay for vegetable oils would fluctuate according to petroleum diesel price (Fry 2008).However, mandates can also be a risk as many of the regulations governing the mandates are still under development, leaving biofuel investors to anticipate the variety of the regulations which will be issued (Suharto, personal communication).Therefore, a major issue facing the industry is the 'shifting goalposts' in regulatory and sustainability requirements, which creates considerable uncertainty (New, personal communication; Suharto, personal communication).
Biodiesel is not competitive with petroleum diesel without substantial subsidies or tax incentives, except in cases where the price gap between petroleum and vegetable oils is suitably large.The Malaysian government spent MYR74 billion (US $22.8 billion) on subsidies for fuel, infrastructure and other commodities in 2009 (The Star 2010) and will unlikely make an additional subsidy allocation for biodiesel for fear of increasing the budget deficit (Lim

Implementation and performance 2010)
. A nationwide B5 mandate would translate to a consumption of 500 000 tonnes of biodiesel per year.Depending on the price of crude oil, relative to the price of CPO, the cost of subsidy required to put the retail price of biodiesel on a par with petroleum diesel could be MYR0.5-1.5 billion (US $153.8-461.5 million) per annum (Mamat, personal communication).In October 2009, Plantation Industries and Commodities Minister, Bernard Dompok stated that the government would need to spend MYR250 million (US $76.9 million) a year to subsidise the B5 blend (Lim 2010).
Malaysian biodiesel producers are dependent on export markets.However, the international demand for palm oil as a biofuel is suppressed as a result of environmental concerns and protectionist measures in major consumer countries.For example, the EU-RED on greenhouse gas emission and the US legislative provision of a tax credit for domestically produced biodiesel reduce the competitiveness of Malaysian biodiesel in the international market (Hanim 2009e).
Under the EU-RED, all biofuel sources are required to have a minimum life-cycle carbon emission savings of 35% compared to fossil fuels and not coming from lands of high biodiversity or carbon stocks (European Commission 2010).Currently the default greenhouse gas savings value provided by the EU-RED for palm biodiesel is 19%, a value viewed by the industry as being based on politics rather than science26 .This disqualifies palm oil as a suitable feedstock for biodiesel to be used in EU member countries.Therefore the EU RED could, over time, contribute to further reducing international demand for Malaysia's biodiesel.
Although considered carbon neutral by some, many environmentalists argue that greenhouse gas reductions resulting from biofuel combustion are dependent on a variety of factors, including emissions resulting from transport, processing and land clearing.Some studies have shown that biodiesel originating from oil palm cultivated on peatlands results in a net increase in carbon emissions (Mongabay 2007, Science Daily 2007, Yee et al. 2009).Biofuel companies are constantly pressured to demonstrate that their feedstock is obtained from sustainable sources.
RSPO certification, which is being pursued by many Malaysian palm oil companies, does not fully meet the sustainability and environmental requirements under the EU-RED.This challenge could be overcome if the RSPO Principles and Criteria were made more stringent with regard to greenhouse gas emissions.
Whether or not the RSPO should bridge the gap, to make certification compliant with EU-RED, is the subject of much debate, since the palm oil industry is resistant to including greenhouse gas considerations into the existing Principles and Criteria (Mamat, personal communication).As a compromise, the RSPO has developed the 'RSPO Additional Guidance for Compliance with the EU Renewable Energy Directive Requirements' as a voluntary 'add-on' to the RSPO Principles and Criteria for members who are biofuel producers.In addition to RSPO certification, companies involved in palm oil-based biodiesel production have also pursued International Sustainability and Carbon Certification (ISCC) which is compliant with EU-RED requirements.
In the case of a nationwide B5 mandate in Malaysia, only 570 000 tonnes of CPO would be required for the production of 500 000 tonnes of biodiesel (Lopez and Laan 2008).Since Malaysian CPO production in 2009 amounted to 17.6 million tonnes, the amount needed to meet the biodiesel mandate is only about 3% of total annual production.Furthermore, with the delayed 2011 mandate only covering the Central Region, which is only a fraction of the domestic diesel market, the volume of biodiesel required would be considerably less.As such, domestic consumption of biodiesel will likely not drive extensive land use change.Considering low domestic demand, the threat of biofuels inducing deforestation comes more from international demand.However, palm oil still makes up a very small portion of global biofuel supply and a number of political and market forces limit Malaysia's palm oil from becoming significant as an international biodiesel feedstock.
The Malaysian government will need to decide on the role of biofuels in the country's economy for the coming decade.Will biofuels primarily be produced for export earnings, capitalising on demand from EU and US markets?Or, will biofuels be consumed primarily in the domestic transport sector?In the former case, the government will need to actively engage with the European Commission to ensure that palm oil is a favourable feedstock under the EU-RED.At the same time, the government needs to be sensitive to the greenhouse gas emissions of palm biodiesel production and put appropriate policy safeguards in place to regulate land use changes, especially of peatland, and promote methane capture technologies.
If biodiesel is to be consumed primarily in the domestic transport sector, the government will have to subsidise it as well as restructure fossil fuel subsidies, in order for the domestic biodiesel market to be viable.Biofuels will not serve as a significant new source of energy for Malaysia, which makes the added expense of introducing a separate biodiesel subsidy difficult to justify.Instead, the domestic biofuel sector should be encouraged to diversify the choice of feedstocks (e.g.animal fats and waste oil) to reduce dependency on palm oil .

Conclusion
The outlook for the Malaysian biodiesel industry hinges upon whether substantial government subsidies or incentives are forthcoming in the near future.In February 2010, the government decided to push back the implementation of the B5 mandate to June 2011.Even with this mandate, it is unlikely that domestic demand will be sufficient to sustain the industry.The industry is extremely vulnerable as a result of fluctuating palm oil and petroleum prices and restrictive biofuel policies in key consumer markets.Whether or not palm biodiesel will be acceptable under the EU-RED will depend on negotiations between the Malaysian government, the RSPO, industry associations and the EU.
Despite current pessimism surrounding the viability of the domestic biodiesel industry, the Malaysian palm oil industry as a whole is unlikely to be profoundly affected by these issues.The future demand for palm oil for food is expected to increase independently from how much is actually used for biodiesel, driven by population growth and the increase in per capita consumption in developing countries.

Figure
Figure 1.Malaysia's National Biofuel Policy

Box 5 .
Role of the Malaysian Palm Oil Board • Implement policies and develop programmes to ensure the viability of the oil palm industry of Malaysia • Conduct and promote research and development activities relating to the oil palm and palm oil industry • Regulate, register, coordinate and promote all activities relating to the palm oil industry • Develop, promote and commercialise research findings and provide technical advisory and consultancy services to the palm oil industry • Develop and maintain markets for oil palm products and promote efficient marketing • Liaise and coordinate with other bodies within or outside Malaysia to further enhance the palm oil industry • Be the resource and information centre of the palm oil industry, including the publication and dissemination of information on palm oil and other oils and fats Source: MPOB (2009b) Box 6. Malaysian Biodiesel Association members

Malaysia's National Biofuel Policy
the CPO price and exploit new export market opportunities.The policy was eventually launched in March 2006 and is underpinned by five strategic thrusts, with short-, medium-and long-term implementation periods.The policy was expected to bring the following main benefits:

Table 3 . Taxation on the Malaysian oil palm industry Charge Rate
Hanim (2010b)sian Estate Owners Association, quoted inHanim (2010b) (Moduying 2001)vironmental impact assessment (EIA) is required for activities prescribed under the Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order 1987, 17 which came into force on 1 April 1998.EIAs need to be conducted for prescribed activities and approval needs to be obtained from the Director General of Environment, before a permit for implementation of a project can be allocated by the relevant federal or state authority(DOE 2008).Items listed in this order that are applicable to the biodiesel sector are shown in Box 2.Malaysia has two EIA procedures: the Preliminary EIA and the Detailed EIA(DOE 2008).In Sabah these procedures are referred to as the Normal EIA and the Special EIA(Moduying 2001).Preliminary EIAs are required for the activities listed in Box 2. Activities which are considered to have a significant 17 The order applies to the whole country except Sabah and Sarawak.These states are given more autonomy than the other Malaysian states as part of the agreement signed when they joined the Federation of Malaya in 1963.impact on the environment require a Detailed EIA.These are listed in Appendix 4 of the Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order 1987 and include activities relevant to the construction of hydropower dams, pulp and paper mills, the iron and steel industry and logging exceeding 500 ha(DOE 2008).However, the Director General of Environment has the right to request a Detailed EIA of a project that has significant impacts on the environment, or is located in or adjacent to environmentally sensitive areas despite its activities not being listed in Appendix 4 (DOE 2008).

Excerpts from Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order 1987, Appendix 2
These documents are made available on the Department of Environment website and at their offices.Oil palm plantations and biodiesel projects are typically subject only to Preliminary or Normal EIAs, where public participation is not required.For these types of EIAs, the TORs are typically finalised by an EIA consultant, based on a review by the DOE(EPD  2005).The DOE review will seek inputs from other relevant government agencies and external experts, should it be deemed necessary(EPD 2005).Palm oil mills are listed as prescribed premises (not prescribed activities) and therefore do not require an EIA, but require written permission from the Director General of the DOE and an operation licence(MIDA 2008).
(Emang 2006)arawak, however, are not categorised as 'preliminary' or 'detailed' and there is no legal provision for public participation(Emang 2006).The decision to include public participation can be made voluntarily by the project proponent(Emang 2006).Box 2. al.

•
State land forests: forests that have not been gazetted as forest reserves and belong to the state.