See: Proposed gas law lacks ‘necessity, material provisions’

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See Chee How

See Chee How

KUCHING: The proposed Distribution of Gas Bill, 2016, which will be tabled in the State Legislative Assembly (DUN) this Nov 21, seems to lack “necessity and material provisions”.

Batu Lintang assemblyman See Chee How said, “Being an ordinance to make all legislative provisions to regulate the supply and distribution of gas in the state, my initial observations and intuitive response, after reading through the proposed Bill, are its lack of necessity and material provisions.”

He opined the proposed legislation could have emulated the amended national Gas Supply Act 1993 by making it a comprehensive legislature to cover all aspects of supply and distribution of gas in Sarawak.

“The state government could have amended the Sarawak Gas Supply Services (Operating Company) Ordinance 1995 by incorporating the necessary provisions while retaining the relevant and functional clauses,” he said in a statement yesterday.

“Repealing the previous 1995 Ordinance with mere stipulation to retain such rules, orders and directions, etc., including the vesting of properties and assets in Sarawak Gas Distribution Sdn Bhd, is insufficient and may in effect defeat the supervening ordinance.”

When asked whether the proposed ordinance would ensure that gas supply in Sarawak would be cheaper, See said he was doubtful of it.

“Unlike the national Gas Supply Act 1993, which specifically make provision for the Energy Commission to enable persons to compete effectively in the supply of gas, there is no such provision in our proposed Distribution of Gas Ordinance.”

However, the state PKR vice president said the Bill should be welcomed, and he was certain it would be passed as BN had more than two-thirds majority in the august House.

“We have to give credits to the state administration for their diligence in realising that the Sarawak State Assembly is empowered by the Borneo States (Legislative Powers) Order, 1963, to make laws on the distribution of gas in Sarawak.

“And I thank them for their vigilance to make representation to Parliament earlier this year to insert sub clause 4A (2) in the national Gas Supply Act 1993 to exclude the application of that Federal legislature to Sarawak.”

See pointed out that the state had lost too much of its rights and privileges in the last 53 years.

“As such, we must always be guarded that Sarawak must not concede any more of our state autonomous powers, rights and powers, whether innocently or negligently.”

He added that Chief Minister Datuk Patinggi Tan Sri Adenan Satem had earlier disclosed that the state government would present a Bill to amend the Sarawak Gas Supply Services (Operating Company) Ordinance 1995 to provide regulatory framework for the supply and distribution of gas in Sarawak.

“It was revealed that the intended amendments will provide greater opportunities to Sarawakian companies to participate in the distribution and retail of gas in Sarawak.

“The proposed Distribution of Gas Bill, 2016, we received today, is, however, seeking to repeal, and hence to replace the Sarawak Gas Supply Services (Operating Company) Ordinance [Cap 19], which was passed by the DUN on Oct 31, 1995, and published in the Sarawak Gazette on Nov 30, 1995.”

The proposed Distribution of Gas Bill, 2016 is expected to be tabled by Minister of Public Utilities Dato Sri Dr Stephen Rundi Utom.