KUALA LUMPUR: The Carbon Capture, Utilisation and Storage (CCUS) Bill 2025 not being applicable in Sarawak and Sabah is entirely appropriate from all aspects.
 
Senator Pele Peter Tinggom said this is because Sarawak has had legislation related to carbon capture since as early as 2022.
 
“It is also an important fact that Sarawak already had its own laws on carbon even before the Bill we are now debating.
 
“For example, Sarawak has its own land, forest, and carbon-related legislation, namely the Sarawak Land Code (Amendment) which covers carbon storage activities, the Land Code (Carbon Storage) Rules 2022 to include airspace and properties above the surface of land, as well as the seabed of the state's continental shelf to provide a legal framework for CCUS activities. 
 
“There is also the Sarawak Forest Ordinance (Amendment) 2022, specifically Section 70, which recognises forest carbon activities including the measurement, reporting, and verification (MRV) of carbon stocks.
 
“Sarawak also has the Environment (Reduction of Greenhouse Gas Emission) Ordinance 2023 and the Forests (Forest Carbon Activity) Rules 2022,” he said when debating the CCUS Bill 2025 in the Dewan Negara on Tuesday.
 
Therefore, Senator Pele expressed hope that the public would understand why Sarawak and Sabah are exempted from the application of this Bill as provided under Clause 2 of the draft legislation.
 
He added that strong and effective cooperation between the Federal Government and the state governments, particularly in Sarawak and Sabah, is crucial in developing the CCUS industry for the benefit of the nation.
 
“We refer to Article 77 of the Federal Constitution which states that the Legislature of a State may make laws on any matter not enumerated in any of the Lists in the Ninth Schedule, that is, not being a matter in respect of which Parliament has power to make laws.
 
“The Ninth Schedule of the Federal Constitution places land and forests under state jurisdiction, and Article 77 also states that carbon, not being listed under any specific jurisdiction, also falls under state authority. Therefore, the Sarawak Legislative Assembly specifically has the power to enact laws related to carbon.
 
“This is further reinforced by Article 73(b) of the Federal Constitution which states that in exercising the legislative powers conferred on it by this Constitution, the Legislature of a State may make laws for the whole or any part of that State,” he added.  -UKASnews