KUCHING: The rights of Sarawak to its continental shelf, the extent of the boundaries of the state, water and stamp duty are based on clear constitutional provisions and relevant state and federal laws which are unambiguous and admit no room for interpretation.
In stressing this, Deputy Minister in the Premier’s Office (Law, MA63 and Federal-State Relations) Datuk Sharifah Hasidah Syeed Aman Ghazali said as far as the boundaries of Sarawak are concerned, by virtue of the Sarawak (Alteration of Boundaries) Order in Council dated June 24, 1954, the boundaries of Sarawak had been extended to cover the seabed and subsoil of that area forming the continental shelf beneath the high seas.
“Article 1(3) of the Federal Constitution (FC) stipulates that the territory of Sarawak shall be the territory as at Malaysia Day.
“The territory of Sarawak on September 16, 1963 includes the seabed and subsoil of the area forming the continental shelf off the coast of Sarawak,” she said in a statement on Monday.
Sharifah Hasidah said this in response to a recent news report which quoted Deputy Prime Minister Datuk Seri Fadillah Yusof saying that the federal government and the state government had different views and interpretations on issues such as the continental shelf, the state’s borders and stamp duty.
She explained that under the Land Code of Sarawak, a pre-Malaysia law, whose validity and effect continues after Malaysia Day by virtue of Section 73 of the Malaysia Act 1963, the seabed and subsoil within the boundaries extended by the said Order in Council is State land.
“Under item 2 of List II (State List) in the Ninth Schedule of the FC, Land is a subject matter under the legislative and executive authority of the State.
“Under item 2(c) of list II, the legislative and executive authority covers “permit and licences for prospecting for mines; mining leases and certificates.
“Item 8(j) of List I (Federal List) provides subject to item 2(c) in the State List: Development of mineral resources; mines, mining, minerals and mineral ores; oils and oilfields,” she said.
She thus said these unambiguous constitutional provisions show that the development of oil and oilfields in Sarawak, is subject to mining leases or certificates issued by the State under item 2(c) of the State List, and the State Oil Mining Ordinance 1958 provides for the issuing of oil prospecting licences, mining leases or certificates for exploration and mining of petroleum.
“The state government has a constitutional duty to ensure that all constitutional rights and powers belonging to the state are not eroded and fully respected.
“Such constitutional rights and powers should not be affected through purported interpretation of clear and unambiguous constitutional or statutory provisions,” she said.
She asserted that the Sarawak government would continue to engage with the federal government on the exercise of such constitutional rights and powers for the benefit of the nation and to promote the economic wellbeing and the progress of the Federation.
