THE tabling of the Sarawak Ports Authority Bill 2024, which is to establish a central port authority known as Sarawak Ports Authority, will replace the pre-Malaysia law, the Ports Authorities Ordinance 1961.
Deputy Premier Datuk Amar Douglas Uggah Embas also said the proposed new centralised Port Authority will replace all existing Port Authorities.
“It is well within the legislative power of this August house to enact this Bill as Ports and Harbours (except for those declared Federal Ports) is listed as item 15 in List IIA (Supplement to the States List for Sabah and Sarawak) in the Ninth Schedule of the Federal Constitution.”
The Minister of Infrastructure and Port Development said this when tabling the Bill during the Sarawak State Legislative Assembly (DUN) sitting on Tuesday (May 7).
Uggah said with the coming into force of the Bill, the Port Authorities Ordinance 1961 will be repealed, however, subsidiary legislation made under the repealed Ordinance would remain in force until revoked or replaced by new subsidiary legislations made under the new law.
“The new law shall have effect in any agreements or arrangements made or executed by the existing port authorities and any provisions in such agreements repugnant to the new law is void.
“Any prosecution, suit, etc pending or existing by or against the dissolved port authorities may be continued and enforced by or against the Authority or successor company.”
Uggah earlier said the Port Authorities Ordinance, 1961 has been in existence for 63 years.
“However, over the years, the Ordinance was amended a number of times. Kuching Port Authority was established in 1961 while Rajang Port Authority was established in 1970. Miri Port Authority was established in 1981.
“Under this Ordinance, these three authorities were established as statutory bodies to regulate and operate the ports.”
In 2009, he said the government made a decision to detach the Tanjung Manis Terminal from Rajang Port and established Tanjung Manis Port Authority to regulate it.
“At that time, Tanjung Manis Port Authority was the first port authority to act as a regulator while its operation was handled by an approved port operator, Tanjung Manis Integrated Port Sdn Bhd, a subsidiary of Sarawak Timber Industry Development Corporation (STIDC).
“Due to the necessity for a port to serve industries at Samalaju Industrial Park, the Government decided to establish the Samalaju Port Authority in 2010 to regulate a new port in Samalaju.”
Similar to Tanjung Manis, he said Samalaju Port Authority also functions as a regulator while the operation of Samalaju Port is handled by its approved port operator, Samalaju Industrial Port Sdn Bhd.
