SINGAPORE: Premier Datuk Patinggi Tan Sri Abang Johari Tun Openg has asserted that Sarawak must have a stake in the production of oil and gas within its own territory.
He said the Sarawak government acknowledges the Petroleum Development Act (PDA) of 1974, which manages the petroleum resources nationwide.
“This, we can accept. But the production within Sarawak territory, Sarawak must have a stake.
“That is why I formed Petroleum Sarawak Berhad (PETROS) and this company will work together with Petroliam Nasional Berhad (PETRONAS).
“Then, we have a say in the distribution of gas. Lately, Prime Minister (Datuk Seri Anwar Ibrahim) has agreed that PETROS is to be the aggregator of gas (in Sarawak),” he said.
He was responding to a query after delivering a public lecture at the ISEAS-Yusof Ishak Institute here today (Feb 10).
Abang Johari, who is also the Gabungan Parti Sarawak (GPS) chairman explained that under Article 47 of the Sarawak Constitution, all assets on the day Malaysia was established, will be vested to Sarawak.
“This includes our assets in the continental shelf, as it is considered an extension of our land.
“Additionally, under the Agong’s Order of 1963, since we (Sarawak) produced oil in 1910, and during that day, the gas and gas distribution falls under state jurisdiction,” he said.
During the Sarawak Legislative Assembly sitting in November last year, Abang Johari had said Sarawak’s seabed and subsoil, originally Crown Land under the Land Code of 1958, became the property of Sarawak upon Malaysia’s formation on Malaysia Day in 1963.
“This is clearly provided for under Article 47 (2) of the Constitution of the State of Sarawak, as annexed to the Malaysia Agreement 1963 (MA63).
“MA63 and the United Kingdom’s Malaysia Act, 1963 did not vest any land comprised in the continental shelf within Sarawak’s boundaries on the Federation or the federal government.
“Hence the federal government has no proprietary rights to Sarawak’s seabed and subsoil or its continental shelf, as these were vested solely in the State of Sarawak by operation of law,” he said.
He also asserted that Sarawak’s claims to oil and gas resources within its territory are neither baseless nor unreasonable, and it has historically exercised these rights both during British colonial rule and post-independence.
Abang Johari also said that Sarawak maintains legislative authority over its resources through the Oil Mining Ordinance (OMO) 1958 and the Distribution of Gas Ordinance, 2016.
