By DayakDaily Team
KUCHING, Nov 23: As Item 8(j) of the List I (Federal list) in the Ninth Schedule is expressly subject to Item 2(c) of the State List, the Federal government may have the power over the development of natural resources, oil and oil fields but is subject to Item 2(c) in the State List.
To Gabungan Parti Sarawak (GPS) chief whip Datuk Ibrahim Baki, all states, including Sarawak, have the right to regulate petroleum mining or development of oil fields on land in the State. The federal government may have the power to develop petroleum resources but it is subject to item 2(c) of the State List, which is subject to prospecting licences, mining leases, and certificates issued by the State.
“Bearing in mind, the Constitution, and not Parliament, is supreme—on what constitutional basis did Parliament pass the Petroleum Mining Act, 1966 to authorise a federal ‘Petroleum Authority’ to issue mining leases?
“Perhaps Datuk Zaid can enlighten every Malaysian—under what provision of the federal Constitution is Parliament empowered to pass a law to vest all petroleum found onshore and offshore Sarawak in PETRONAS?” said Ibrahim in a statement responding to former law minister Ibrahim Zaid who asserted that Sarawak had mistaken its right to ‘exploit’ the continental shelf with the ‘geological concept of territorial limits’.
Ibrahim held that unless these pertinent questions are answered convincingly, Sarawakians have every reason to feel aggrieved that they have been deprived of their rights to exploit the petroleum resources found onshore and offshore Sarawak through laws that Parliament did not have the constitutional authority to enact.
He believed that Sarawakians wanted a more equitable and fair share of the revenue from petroleum produced in Sarawak after having contributed almost RM1 trillion to the federal coffers since the advent of the Petroleum Development Act, 1974, and more natural gas to support its industrial development and power generation expansion.
On the geological territorial limits of Sarawak, Ibrahim said no one can dispute that the 1954 Order in Council extended the boundaries of Sarawak to include the seabed and subsoils forming the Continental Shelf contiguous to the territory waters.
“These extended submerged areas were ‘crown land’ which on Malaysia Day was vested by the British Monarch in Sarawak by one of the constitutional instruments annexed to the Malaysia Agreement by Article III thereof.
“These extended submerged areas in the Continental Shelf were never vested by the British Crown in the Federation or in the federal government.
“Malaysia’s claim to sovereignty over the Continental Shelf under the United Nations Laws of the Sea (UNCLOS) 1982, does not affect the rights and authorities of Sarawak or the territory of Sarawak. This is clearly stated in the definition of ‘continental shelf’ in the Continental Shelf Act, 1966, as amended in 2009,” said Ibrahim who is also Satok assemblyman.
He said Sarawakians would like to have an amicable and fair resolution of their legitimate claim to a fair and equitable share of the petroleum resources, more natural gas for local industries, and greater right to participation in the upstream and downstream oil and gas businesses.
“Sarawak’s contributions and sacrifices towards the national economic well-being should not be overlooked.
“Finally, and more importantly, Sarawakians want all the laws that safeguard the territory of Sarawak and its rights to petroleum resources and downstream oil and gas industry respected and duly complied with by all parties operating in Sarawak,” said Ibrahim. — DayakDaily
