Abstract
Being a nation that is surrounded by seas, Malaysia is seen to have the potential to harness energy from the sea. At present, renewable energy is already considered to be an important focus within the country’s low emissions strategy particularly through the enforcement of the Renewable Energy Act 2011. However, the scope of this Act is inadequate to include energy from the sea as it is confined only to eligible renewable energy sources under the feed-in tariff scheme. The objective of this paper is to highlight the legal and regulatory requirements governing marine renewable energy development in Malaysia particularly in sustainably capturing tidal and wave potential. As an alternative, this paper explores the viability of ocean energy as another source of renewable energy. The paper adopts a doctrinal approach and suggests some measures within the law and policy which when considered would help towards the development of marine renewable energy. The authors recommend for Malaysia to adopt the Nova Scotia’s legal framework. This model could well be applied provided that there is a strong political will and policy drivers to achieve the national objectives in accelerating renewable energy sector, particularly from marine sources.