Senator rebukes minister for erroneously linking MA63 to PDA enacted 11 years later

Robert Lau Hui Yew. Photo credit: Parliament Malaysia

By DayakDaily Team

KUCHING, Jan 28: Sarawak Senator Robert Lau has rebuked Minister in the Prime Minister’s Department (Law and Institutional Reform), Datuk Seri Azalina Othman Said, for making an erroneous assertion in Parliament by attempting to equate the Malaysia Agreement 1963 (MA63), the international agreement that established the Federation of Malaysia and its Federal Constitution, with the Petroleum Development Act 1974 (PDA 1974), a piece of federal legislation enacted 11 years later.

The Minister made the statement on Jan 26 while responding to a question from a Sarawak Member of Parliament concerning land and natural resources.

Lau pointed out that the comparison was inaccurate, stressing that the PDA 1974 is subordinate to both the Federal Constitution and MA63.

“The central issue raised concerns land, from which oil and gas resources are extracted. The question posed to the Minister related specifically to land jurisdiction—namely, the boundaries of Sarawak at the time of Malaysia’s formation as defined under the Queen’s Order in Council 1954, which established the boundaries of the Colony of Sarawak, and the validity of the Territorial Seas Act 2012, which represents an attempt by the federal government to encroach upon State land,” he explained in a statement today.

He added that MA63 was never about explicitly granting ownership of natural resources or minerals. Instead, such matters are governed by the constitutions and laws applicable to the land where those resources are located.

“The Federal Constitution expressly provides that land and mining leases, including petroleum found on land, fall within the jurisdiction and control of the State Legislature, not Parliament. Land is clearly placed under the State List.

“In addition, Articles 47 and 48 of the Sarawak Constitution, annexed to MA63, provide that all land— including minerals on or under the land—previously vested in the British Crown is vested in the State of Sarawak and not in the Federation,” he said.

Lau also highlighted that any powers conferred upon Petroliam Nasional Berhad (PETRONAS) under the PDA 1974 remain subject to the laws of the territory in which it operates.

“In this instance, PETRONAS operates on land belonging to Sarawak and is therefore subject to Sarawak laws. Federal legislation cannot override State laws in matters within State jurisdiction,” he said.

The Senator further noted that PETRONAS has now brought the matter before the Federal Court by instituting proceedings against both the federal and Sarawak governments, emphasising that the Minister should exercise care and precision when making statements on such critical constitutional issues in Parliament. — DayakDaily