Sarawak’s Gas Distribution Law is legally sound and MA63-compliant, says Kota Sentosa rep

Wilfred Yap (file pic)
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By DayakDaily Team

KUCHING, May 2: Kota Sentosa assemblyman Wilfred Yap has defended Sarawak’s enforcement of the Distribution of Gas Ordinance 2016 (DGO) as fully compliant with the Federal Constitution and the Malaysia Agreement 1963 (MA63), dismissing recent criticisms by former Malaysia Petroleum Resources Corporation (MPRC) official Jamil Ghani.

Jamil had expressed concern that Sarawak’s regulatory action against Petronas Carigali Sdn Bhd could spark federal-State conflicts and inspire other states to follow suit, potentially leading to what he called a “regulatory nightmare”.

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However, Yap rebutted this assertion, pointing out that Sarawak’s legal position within the Federation of Malaysia is fundamentally different from that of states in Peninsular Malaysia.

“Sarawak is not merely a State—it is an equal partner in the formation of Malaysia under MA63,” he said in a statement today.

Yap stressed that Sarawak has the constitutional right to regulate its natural resources, including gas, through its own legislation such as the DGO.

“Unlike other states, Sarawak’s autonomy over its resources is enshrined in MA63. Jamil’s hypothetical scenario of other states imposing similar requirements does not apply, as they do not possess the same legal and historical safeguards,” he explained.

Yap also addressed the recent enforcement action by the Sarawak Ministry of Utility and Telecommunication (MUT), which issued a notice to Petronas Carigali for operating the Miri Crude Oil Terminal (MCOT) without a valid state license, in breach of Section 7(e) of the DGO. The company has been given 21 days to comply or face penalties under Section 21A.

“The MCOT may have operated under federal mandate for decades, but that does not exempt it from complying with Sarawak’s laws.

“Sarawak has every right to regulate its gas distribution to ensure orderly and lawful operations within its territory,” he stressed.

Yap urged commentators to avoid making misleading statements, calling for greater understanding of the constitutional and legal foundations underpinning Sarawak’s rights.

“It would be proper for individuals like Jamil to first understand the legal and constitutional framework governing Sarawak’s rights before making sweeping remarks. MA63 is not a trivial matter—it is the foundation of Sarawak’s partnership in Malaysia,” he added.

Yap concluded by reaffirming the Sarawak government’s commitment to upholding its constitutional rights while maintaining cooperative federalism.

“This is not about confrontation but about ensuring compliance with the law. Sarawak will continue to assert its rights in a manner consistent with the Federal Constitution and MA63,” he emphasised. — DayakDaily

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