See Chee How (file photo)
KUCHING: Chief Minister Datuk Patinggi Abang Johari Tun Openg appears to be too optimistic with the indefinite and ambiguous assurance of the Prime Minister Datuk Seri Najib Tun Razak in the return of state’s rights under Malaysia Agreement 1963 (MA63), said Batu Lintang assemblyman See Chee How.
See, who is state Parti Keadilan Rakyat (PKR) vice chairman, also said that Abang Johari has also gone overboard with the announcement that may not materialise.
“With his eyes trained on the coming general election, the assurance by the PM was vague and clearly uttered to placate the Sarawakians and Sabahans.
“The insincerity of Putrajaya is evinced by the fact that, until today, the PM has yet to get back to Sarawak on the reference made to his office by our late former CM Tan Sri Datuk Patinggi Adenan Satem, to repeal or amend the Territorial Sea Act 2012 in 2016, and that there has been no progress on the devolution of powers in any subject matter to Sarawak since the passing of the late former CM,” he said in a press statement today.
See was responding to Abang Johari’s announcement on Tuesday that Najib has agreed to return to the state power that has been inadvertently eroded over the years. Acting on Najib’s assurance, the state would assume full regulatory authority over its oil and gas upstream and downstream industry by July.
“To assert our sovereign power and rights to the issuance of permits and licences for mines, mining leases and certificates under Item 2 (c) of the State list under the Ninth Schedule of the Federal Constitution, in this case the prospecting, mining and development of our petroleum resources, the present federal government must first agree to repeal the Territorial Sea Act 2012, the Petroleum Development Act 1974, or make amendments to their provisions, and the Tripartite Agreement signed between the Federal Government, the Sarawak State Government and Petronas must be rescinded.
“How can we assert those rights which are constrained and or are no longer in our hands?”
“The Petroleum Development Act 1974 (PDA) had made provisions for the establishment of Petronas and vested in the corporation the entire ownership in and the exclusive rights, powers, liberties and privileges to the exploration and exploitation of the country’s petroleum resources whether onshore or offshore, and to control the carrying on of downstream activities and development relating to petroleum and its products. By the enactment of that Act, it had completely taken away all our rights, power and privileges over the petroleum resources deposited and found within the territorial boundary of Sarawak,” said See.
Further, he said pursuant to the PDA 1974, Sarawak had signed the Tripartite Agreement with the Federal Government and Petronas purportedly “to irrevocably grant in perpetuity and convey to and vest in Petronas” our ownership in and the exclusive rights, powers, liberties and privileges of exploring, exploiting and obtaining petroleum whether lying onshore or offshore of Sarawak.
“Although the PDA 1974 and the Tripartite Agreement were under the regime of the Emergency Orders which have now being revoked, the Act of Parliament and Agreement still stands and are of effect until they are repealed, amended and rescinded.
“Further, the Territorial Sea Act 2012 (TSA) which was unconstitutionally enacted has limited our territorial jurisdiction to merely three nautical miles off our shores, hence constraining our control to the exploring, exploiting and obtaining of all our resources found in our territorial sea which should have been extended up to 300 nautical miles off Sarawak’s shores.”
In view of this, See said the Chief Minister must first obtain the assurance and undertaking of the Prime Minister to repeal the TSA 2012 and the PDA 1974, and to rescind the Tripartite Agreement before he can make the announcement that the state is now able to exercise her jurisdiction under her Oil Mining Ordinance, with regards the licensing of oil and gas exploration, exploitation and development.
“In fact, section 6 of the PDA 1974 expressly provide that it is the sole power and prerogative of the Prime Minister to grant permission for any activities involving downstream petroleum development and operations, including processing or refining of petroleum or manufacturing of petro-chemical products from petroleum.
“Further, by the Petroleum Regulations 1974 made by the Prime Minister, Petronas is the body which was granted all the rights and power to issue licences in the prospecting, exploiting, obtaining, development and supplies of petroleum resources in the country.
“Unless all these laws and legal provisions are repealed or amended to devolve or vest the power back to Sarawak, we are in effect powerless.
“It is unfortunate, but this is the result of the continuous rule by the Umno-led Barisan Nasional government. The announcement by the CM that we are now able to exercise administrative and regulatory control over all petroleum related activities in Sarawak is thus superficial at best, or wishful thinking, to put it nicely,” See concluded.