By DayakDaily Team
KUCHING, Jan 27: Sarawak’s rights over oil and gas cannot be assessed solely through the Petroleum Development Act 1974 (PDA 1974) without reference to the broader constitutional framework, said Kota Sentosa assemblyman Wilfred Yap.
In a statement today, Yap said recent remarks by Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said on oil and gas governance were “misconstrued and incomplete” when viewed against Sarawak’s legal position within the Federation.
“While the Minister refers to the Petroleum Development Act 1974 as the governing law for oil and gas, it must be pointed out that this Act was never tabled before, debated, or approved by the Sarawak State Legislative Assembly,” he said.
Yap stressed that this omission was a “material constitutional fact” that should not be ignored, particularly on matters that directly affect Sarawak’s rights and legislative competence.
He further noted that although the Malaysia Agreement 1963 (MA63) does not expressly mention oil and gas ownership, Article 162 of the Federal Constitution preserves Sarawak laws that were in force prior to Malaysia Day unless they are lawfully repealed or amended.
“Among these preserved laws is the Sarawak Oil Mining Ordinance 1958, which formed part of Sarawak’s legal framework before the formation of Malaysia,” he said.
Yap emphasised that the absence of explicit reference to oil and gas in MA63 did not mean Sarawak’s pre-existing laws or rights had been extinguished.
“Silence in MA63 does not amount to the extinguishment of Sarawak’s pre-existing laws or rights. Nor can federal legislation enacted post-1963 be treated as automatically overriding preserved Sarawak laws without proper constitutional process and consent,” he said.
He warned that suggesting otherwise risked conflating federal legislative power with constitutional legitimacy.
According to Yap, any meaningful discussion on oil and gas governance must engage fully with Article 162 of the Federal Constitution and the Sarawak Oil Mining Ordinance 1958, rather than relying on selective interpretations.
“Respect for the Federal Constitution demands that Sarawak’s position be addressed within its full legal and historical context, and not reduced to narrow readings that risk misleading the public,” he added. — DayakDaily
