By Shikin Louis
KUCHING, Nov 15: In a spirited debate at the Sarawak Legislative Assembly (DUS), Satok assemblyman Dato Ibrahim Baki has delivered a forceful reminder of Sarawak’s historical and constitutional rights over its continental shelf, challenging detractors and clarifying misconceptions about the State’s authority over its oil and gas resources.
He said the Sarawak (Alteration of Boundaries) Order in Council 1954, issued by Queen Elizabeth II under the Colonial Boundaries Act 1895, extended Sarawak’s boundaries to include the continental shelf—defined as the seabed and subsoil under the high seas adjacent to Sarawak’s territorial waters.
In 1952, Sarawak granted a mining lease to Sarawak Oilfields Limited (SLO), later extended in 1956 to cover the continental shelf, with Sarawak formalising control over these resources through the 1958 Oil Mining Ordinance (OMO).
“Although section 2 of the Petroleum Development Act 1974 (PDA) purports to vest petroleum in PETRONAS vide a vesting Order prescribed in the First Schedule thereto, the PDA did not repeal the OMO and did not exempt PETRONAS complying with constitutionally valid state law.
“The only law that PETRONAS is exempted from complying with, is the Petroleum Mining Act 1966. (See section 8 of the PDA 1974). If Parliament had intended PETRONAS to be exempted from any other laws, whether State or Federal, in regard to its upstream businesses or activities, Parliament would have spelt out such exemption in the PDA.
“Therefore, the PDA and the Sarawak’s OMO must coexist and both legislations must be complied with,” he said when debating in support of the Supply (2025) Bill 2024 in the Sarawak Legislative Assembly (DUS) sitting today.
Responding to an article written by former law minister Zaid Ibrahim who quoted the Batu Puteh ruling and said it would affect Sarawak’s claims relating to its rights over the continental shelf, Ibrahim clarified that Sarawak’s case is not a dispute between two sovereign states and therefore, the principles of international laws cannot apply.
“This issue relating to whether State rights are affected by Malaysia’s claim to sovereignty under international law over the continental shelf should be decided based on domestic laws including the Federal Constitution.
“In any event, Sarawak never relinquished her rights over the seabed and the subsoils forming the continental shelf. These areas are State land and the State even has declared a marine park over some of the areas offshore Sarawak,” he added.
Ibrahim further stressed that the right of the Sarawak government to see that its laws are complied with should not be questioned by any quarters.
He also said there must not be any encroachment on Sarawak’s rights and legislative authorities expressly enshrined in the Federal Constitution.
“Sarawak has contributed enormously to the national economic wellbeing as far as the oil and gas sector is concerned since the coming into force of the PDA.
“Those who said that Sarawak does not want to honour the cash payment agreement dated 27th March 1975, disrespects Sarawak’s enormous contribution to the national economic well-being and an insult to Sarawakians,” he emphasised. — DayakDaily
