(This story has been updated at 11.07 today)
By DayakDaily Team
KUCHING, Nov 20: As Sarawak’s Oil Mining Ordinance 1958 (OMO58) has never been repealed, it has the same standing as any Federal laws.
It is a pre-Malaysia law and it continues to be valid and effective as a State law pursuant to Section 73(3) and (5) of Malaysia Act.
It is under Irem 2(c) of List Ii ( State List) in Ninth Schedule of Federal Constitution.
Parliament cannot pass laws to issue mining leases or licenses to prospect for petroleum in Sarawak or in continental shelf.
Federal powers under Item 8(j) of Ninth Schedule over development of oils and oil fields is subject to item 2(c) in Stare List and that means subject to mining lease issued under OMO58.
This is according to Sri Maha Mariamman Temple president Dato Shankar Ram Asnani, who has his statement recorded in a video.
“To start off, Sarawak Oil Mining Ordinance was passed in 1958, and remains intact when Sarawak joined Malaya together with other states to form Malaysia.
“Section 73 of Malaysia Act is very clear and such rights of Sarawak cannot be whittled away or waived as some people think.
“Now Some veteran politicians have said Sarawak has kept quiet about it but our law (OMO58) has never been repealed and it is wrong to assume that Petroleum Development Act 1974 (PDA74) has overriding power over our law in Sarawak because Sarawak’s oil mining law is entrenched that has never been taken away and we are entitled to such rights.
“So it is wrong to assume that our rights can be waived or whittled away. I am in support of GPS (Gabungan Parti Sarawak) asserting their rights to the fullest,” said Shankar.
He added that PDA74 and OMO58 which both stand as federal law, could co-exist in a harmonious way.
“PETRONAS should work harmoniously with Sarawak, especially for years, they (PETRONAS) have been extracting huge wealth from the State.
“Now it is time to see to Sarawak’s welfare, what Sarawak needs and its rights, without compromising Sarawak’s entrenched constitutional rights over its oil and gas, and mining rights,” said Shankar.
Shankar said this in relation with an interviewed video of Premier (Datuk Patinggi Abang Johari Openg) who asserts on Sarawak’s rights in its oil and gas and the recent statement of Satok assemblyman Datuk Ibrahim Baki who said OMO58 has never been repealed.
On Nov 15, Ibrahim who is also GPS chief whip said the Federal Constitution provides that mining leases and certificates come under the legislative authority of the State, as stated in the State list of the ninth schedule.
“Therefore, Sarawak has the legislative and executive authority over the issuance of mining leases and certificates to regulate oil mining, including in the continental shelf,” said Ibrahim when debating 2025 Sarawak Budget 2025 in Sarawak Legislative Assembly. — DayakDaily
