KUCHING: The Sarawak government has reiterated its stance on regulating Carbon Capture, Utilisation, and Storage (CCUS) projects within its boundaries, following the presentation of a position paper at the National Energy Council on Aug 2, 2024, says Datuk Sharifah Hasidah Sayeed Aman Ghazali.
The Deputy Minister in the Sarawak Premier’s Department (Law, MA63 and State-Federal Relations) said the paper emphasised that all carbon storage projects within Sarawak must be governed by state laws, a stance that was accepted without objection by council members.
“The Sarawak government has expressed surprise at a recent statement by the Minister of Economy, which suggested ongoing discussions about the boundaries between the federal and state governments.
“This statement referred to the Continental Shelf Act 1966, the Exclusive Economic Zone Act 1984, and the Territorial Sea Act 2012, implying different interpretations of these boundaries.
“The Sarawak government firmly asserts that the state’s boundaries, including the continental shelf, were clearly defined and not subject to negotiation, citing the Sarawak (Alteration of Boundaries) Order 1954 and the Land Code. These boundaries were affirmed in the Malaysia Agreement 1963 (MA63) discussions, as stated by the Premier in December 2018,” she said.
The government highlighted that Article 1(3) of the Federal Constitution confirms Sarawak’s territory as it was before Malaysia Day, including the continental shelf. Thus, any carbon storage initiatives, which involve state land, must adhere to state regulations.
The statement from the Minister of Economy was said to have overlooked the Sarawak (Alteration of Boundaries) Order 1954, the Land Code, and Article 1(3) of the Federal Constitution. The Sarawak Government also noted that the Continental Shelf Act 1966, which does not affect state boundaries or rights, had lapsed under Article 150(7) of the Federal Constitution and thus, is not applicable to Sarawak.
Despite these differences, she added, the Sarawak government remains open to collaboration with the federal government to develop the CCUS industry in accordance with state laws, as agreed by the Prime Minister and the Premier.
