Minister: Carbon Capture, Utilisation, and Storage Bill should not apply to Sarawak, boundaries of State including continental shelf not up for debate

Datuk Sharifah Hasidah Sayeed Aman Ghazali (file photo)

By DayakDaily Team

KUCHING, Aug 8: The Sarawak government has informed the Ministry of Economy that the proposed Carbon Capture, Utilisation, and Storage (CCUS) Bill should not apply to Sarawak.

According to Deputy Minister in the Premier’s Department (Law, MA63, and State-Federal Relations), Datuk Sharifah Hasidah Sayeed Aman Ghazali, in a press statement issued today, as agreed between Prime Minister Datuk Seri Anwar Ibrahim and Sarawak Premier Datuk Patinggi Tan Sri Abang Johari Tun Openg, the State government is prepared to work with the Federal government in the promotion and development of the CCUS industry in Sarawak in accordance with state laws.

She went on to say that the Sarawak government has presented a paper at the National Energy Council on Aug 2, 2024, on its authority over CCUS projects in the State.

“The Sarawak government’s position is that all CCUS projects undertaken within the boundaries of Sarawak must be regulated by state laws. This Paper was received without objection by members of the Council,” she said.

“The Sarawak government is surprised by the press statement from the Honourable Minister of Economy (Rafizi Ramli) dated Aug 7, 2024 that there are issues relating to the boundaries between the Federal and State government with reference to the Continental Shelf Act 1966, the Exclusive Economic Zone Act 1984, and the Territorial Sea Act 2012.

“The Sarawak government states categorically that the boundaries of Sarawak were not a subject matter under discussion through the MA63 (Malaysia Agreement 1963) platform.

“The boundaries of Sarawak, including the continental shelf, its right therein, cannot be subject to any negotiation.”

The minister remarked that this had been made absolutely clear by Abang Johari at the first Steering Committee Meeting on the Implementation of MA63 on Dec 17, 2018.

“The boundaries of Sarawak were extended by the Sarawak (Alteration of Boundaries) Order 1954 to include the area of the continental shelf being the seabed and its subsoil which lies beneath the high seas contiguous to the territorial waters of Sarawak,” she asserted.

Furthermore, Sharifah Hasidah noted that Article 1(3) of the Federal Constitution states that the territory of Sarawak is the territory comprising therein before Malaysia Day.

She highlighted that the continental shelf is part of Sarawak’s territory after Malaysia Day, and any law passed by the State Legislature by reason of Article 73(b) applies to the continental shelf within the boundaries of Sarawak.

She added that carbon storage involves the use and occupation of state land and therefore must be regulated according to state laws.

“It is noted that the press statement by the Honourable Minister of Economy sought to interpret the boundaries of Sarawak with reference to only the said three Acts of Parliament but failed to consider at all the Sarawak (Alteration of Boundaries) Order 1954 and the Land Code as well as Article 1(3) of the Federal Constitution.

“These laws are clear and unambiguous and leave no room for different interpretations,” the minister claimed.

Sharifah Hasidah added that the Continental Shelf Act 1966 was extended to Sarawak vide the Emergency Essential Powers Ordinance No 10, 1969 and that the Emergency Ordinance had lapsed under Article 150(7) of the Federal Constitution.

“Therefore, this Act no longer applies to Sarawak. Even if this Act is still applicable in Sarawak, the definition of ‘continental shelf’ in this Act clearly states that the continental shelf shall not affect the territory of the states or the limits of territorial waters of the states and the rights and powers of the State Authorities therein.”

According to multiple news reports from yesterday (Aug 7), Rafizi stated that discussions between the Federal and Sarawak governments about different interpretations of boundaries are still ongoing.

He also stated that his ministry will keep track of its progress to ensure that the CCUS legislation reflects the understanding reached. — DayakDaily