KUCHING: Sarawak’s claims to ownership over six recently discovered oil wells are firmly rooted in legal and constitutional principles, says Datuk Jonathan Chai.
The Sarawak Business Federation (SBF) secretary-general believes that the federal government and Petroleum Nasional Bhd (Petronas) are unlikely to concede profits from these oil wells if Sarawak’s demands lack a legitimate basis.
He pointed out that the Petroleum Development Act 1974 (PDA), which grants Petronas authority over petroleum exploration and production, has come under scrutiny for its timing and the absence of approval from Sarawak’s Legislative Assembly.
Chai stressed that Sarawak is asserting its rights and autonomy as outlined in the Malaysian Constitution and Malaysia Agreement of 1963 (MA63).
“There must be some basis, whether legal or constitutional, for Sarawak to lay claim to the rights and benefits of those oil wells discovered offshore of Sarawak,” he told New Sarawak Tribune.
Chai highlighted that Sarawak’s government argues that the PDA does not constitute a mining lease, as it falls outside the constitutional authority of the Parliament to pass such laws.
“Furthermore, it contends that the PDA does not exempt Petronas from complying with state laws like the Oil Mining Ordinance 1958 and the Land Code of Sarawak.”
He rejected comparisons to similar cases in other countries, such as Victoria, Australia, underlining the unique historical and constitutional status of Sarawak within Malaysia.
As Sarawak continues its efforts to reclaim its rights and autonomy, he expects more discussions on the matter but stressed that Sarawak is simply seeking what is rightfully its own under the Constitution and MA63.
“I hope the federal government and Malaysians from the rest of the country will respect our rights and honour what our previous leaders agreed to when they founded this nation,” he stressed.
Chai’s comments came after former de facto law minister Datuk Zaid Ibrahim argued that Sarawak’s claim is not straightforward.
Zaid pointed out that Sarawak’s ownership claim relies on its 1958 law governing the Exclusive Economic Zone (EEZ), which he believes falls under the jurisdiction of the Federation of Malaysia.
He cited legal precedents in countries like Australia, where the highest court ruled that the economic zone belongs to the Commonwealth, not individual states.
