‘PDA enacted under emergency law, never endorsed by DUN’
Jacob Achoi, reporters@theborneopost.com
Datuk Abdul Karim Rahman Hamzah
Besides that, the PDA 1974 had never been endorsed by the Sarawak State Legislative Assembly (DUN) or the cabinet, he added.
“The PDA 1974 was enacted under an emergency law and it has never got endorsement and approval from DUN or cabinet…with emergency laws already lifted in 2011, Petronas should also seek clarification on whether they could still operate or not,” he said in a WhatsApp message yesterday.
He was asked to comment on the move by Petronas on Monday to file application before the Federal Court seeking for a declaration on the PDA 1974 being the law applicable for petroleum industry in Malaysia.
The oil and gas company is seeking to clarify that under the law, it is the exclusive owner of the petroleum resources as well as the regulator for the upstream industry throughout the country.
Abdul Karim pointed out that it was the legal right of Petronas to file the court action to seek clarity on its right under the PDA 1974.
However, he stressed that Sarawak’s stand has always been that any resources found within the territory of Sarawak, including its continental shelf, belong to Sarawak.
“This has been so even before Malaysia was formed in 1963 and nobody, more so a company like Petronas, can take it away. Sarawak Mining Act 1958 and other State Ordinances on land and resources clearly stipulate that,” he asserted.
Meanwhile, Sarawak United People’s Party (SUPP) youth central said the court case will be a legal battle that determines whether the company can continue to exploit oil in the state and a “fight for oil sovereignty” between Petronas and all Sarawakians.
Its secretary general Milton Foo said the action by Petronas was a sign of disrespect to the state government that has made clear proclamation on its ownership, control and right over oil in the state.
He regretted that just less than a month after Pakatan Harapan came to power, Petronas, as a government-linked company (GLC), chose to take such tough and intense measures to further plunder the oil resources that originally belonged to the people of Sarawak.
“The decision of the wholly state-owned company to bring this issue to Federal Court has gone totally against the promise of Pakatan Harapan to the Sarawakians in so-called ‘Buku Harapan’ before GE14 to give back all rights originally belonged to Sarawak as stated in Malaysia Agreement 1963 (MA63), including oil, to the government of Sarawak.
“Take our land together with our lives, but not our concession nor humiliation. In this fighting over our oil sovereignty, we Sarawakians, with our perseverance and resoluteness, will never pull back even one single step!
“When necessary, the Sarawak government, which was one of the components in the formation of Malaysia, shall have the option of judicial proceeding by bringing the legal issues concerning the sovereignty of the MA63 and Oil Sovereignty of Sarawak, which are subordinated to the international compact, to International Court of Justice for judicial identification and corroboration,” he added.
Meanwhile, Prime Minister Tun Dr Mahathir Mohamad was quoted as saying that he is leaving it to the court to decide on the suit brought by Petronas.
“I will leave it to Petronas whether they can succeed or not in the court action they have taken,” Dr Mahathir was quoted as saying
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