KUCHING: Sarawakians demand that all laws safeguarding the territory of Sarawak and its rights to petroleum resources, as well as the downstream oil and gas industry, be respected and properly enforced by all parties operating in Sarawak.

Gabungan Parti Sarawak (GPS) Chief Whip, Dato Ibrahim Baki, stated that Sarawakians seek an amicable and fair resolution to their legitimate claim for a fair and equitable share of petroleum resources, more natural gas for local industries, and greater participation in both upstream and downstream oil and gas businesses.

He emphasised that Sarawak’s contributions and sacrifices towards the national economic well-being should not be overlooked.

"In Malaysia, the Federal Constitution stands as the supreme legal authority. It specifically defines the legislative powers concerning resource exploitation, such as petroleum, which fall under state jurisdiction.

"Under Item 2 of the State List in the Ninth Schedule of the Federal Constitution, each state, including Sarawak, holds legislative and executive authority over land and its resources. This includes issuing prospecting licences, mining leases, and certificates.

"Item 8(j) of List I (Federal List) in the Ninth Schedule is expressly subject to Item 2(c) of the State List. While the Federation may have the power to develop natural resources, including oil and oil fields, it is still subject to Item 2(c) of the State List," he said in a statement on Saturday.

The Satok Assemblyman’s remarks were in response to former Law Minister Datuk Zaid Ibrahim, who had characterised Sarawak’s claim that its boundaries were extended before Malaysia Day by the Sarawak (Alteration of Boundaries) Order in Council, 1954, as a "misunderstanding of maritime law."

Dato Ibrahim noted that all states, including Sarawak, have the right to regulate petroleum mining or the development of oil fields on land within the state.

The federal powers to develop petroleum resources are subject to Item 2(c) of the State List, which requires the issuance of prospecting licences, mining leases, and certificates by the state.

"Bearing in mind that the Constitution, and not Parliament, is supreme, on what constitutional basis did Parliament pass the Petroleum Mining Act, 1966, to authorize a federal 'Petroleum Authority' to issue mining leases?" he asked.

"Perhaps, Datuk Zaid can enlighten all Malaysians: under what provision of the Federal Constitution is Parliament empowered to pass a law that vests all petroleum found onshore and offshore Sarawak in Petronas?"

"Unless these pertinent questions are answered convincingly, Sarawakians have every reason to feel aggrieved that they have been deprived of their rights to exploit the petroleum resources found onshore and offshore Sarawak through laws that Parliament did not have the constitutional authority to enact," he added.

Dato Ibrahim reiterated that Sarawakians want a more equitable and fair share of the revenue from petroleum produced in Sarawak, after having contributed almost RM1 trillion to the federal coffers since the advent of the Petroleum Development Act, 1974. Sarawakians also seek more natural gas to support industrial development and power generation expansion.

"Regarding the geological territorial limits of Sarawak, no one can dispute that the 1954 Order in Council extended the boundaries of Sarawak to include the seabed and subsoils forming the Continental Shelf contiguous to the territorial waters," he continued.

"These extended submerged areas were 'Crown land,' which, on Malaysia Day, were vested by the British Monarch in Sarawak by one of the constitutional instruments annexed to the Malaysia Agreement under Article III thereof.

"These extended submerged areas in the Continental Shelf were never vested by the British Crown in the Federation or the Federal Government," said Dato Ibrahim.

He noted that Malaysia’s claim to sovereignty over the Continental Shelf under the United Nations Convention on the Law of the Sea (UNCLOS) 1982 does not affect the rights and authorities of Sarawak or the territory of Sarawak.

"This is clearly stated in the definition of 'continental shelf' in the Continental Shelf Act, 1966, as amended in 2009," he said.-UKASnews