BINTULU: Premier Datuk Patinggi Tan Sri Abang Johari Tun Openg stressed that Sarawak never relinquished its rights as a founding partner in the formation of Malaysia.
On the contrary, he said, all of Sarawak’s rights, as enshrined in Sarawak’s laws before Malaysia’s formation, will remain in force unless amended in Parliament with the consent of the Sarawak State Legislative Assembly.
“For example, the directive made by Queen Elizabeth or the Order in Council in 1954 on the boundaries of Sarawak states that its maritime boundaries extend to the continental shelf, including the seabed and subsoil.
“These are among the rights that Sarawak brought when it joined the Federation of Malaya, Sabah, and Singapore on Sept 16, 1963, which cannot be handed over to others.
“These are non-negotiable matters as I have emphasised before,” he said in his speech during the Sarawak Day Celebration 2024 at the Bintulu Old Airport site last night.
Abang Johari also cited the Sarawak Land Code, which came into effect in 1958, as a key example.
This code grants Sarawak full authority to manage resources within its territory, including those on the continental shelf, seabed, and subsoil, and encompasses carbon storage activities or Carbon Capture, Utilisation, and Storage (CCUS).
The legal rights concerning land are also protected under state authority through the Second List, Ninth Schedule of the Federal Constitution.
Consequently, the National Land Code does not apply in Sarawak, as Sarawak’s existing land laws continue to be effective post-Malaysia’s formation.
“The Petroleum Development Act 1974 (PDA 1974) is another example. It does not negate Sarawak’s rights over offshore oil and gas resources.
“Additionally, the Territorial Sea Act (2012), which limits maritime boundaries to 12 nautical miles, does not undermine Sarawak’s rights over its maritime boundaries, which include offshore areas and the continental shelf extending up to 200 nautical miles.
“Finally, the Sarawak Oil Mining Ordinance 1958 (OMO 1958) grants Sarawak the authority to manage and develop its oil and gas resources.
“This ordinance has never been repealed and remains in force indefinitely. As a result, Sarawak has full control over onshore oil mining, with the first drilling project in the southern Marudi area managed by Petros,” he said.
Abang Johari said Sarawak, as a sovereign territory, merged with other territories, bringing with it all aspects of the sovereignty of a territory, including the head of state, system of government and legislation, clear territorial boundaries, and well-defined population.