1 hour ago
1
ADVERTISE HERE
KUCHING (Feb 24): The Sarawak United People’s Party (SUPP) Central Women’s and Youth wings fully support the Sarawak government’s move to file a petition in the Federal Court seeking a constitutional determination on the applicability of several federal oil and gas laws in the state.
In separate statements, the two wings said the petition seeks a definitive ruling on the constitutional validity and continued applicability in Sarawak of the Petroleum Development Act 1974 (PDA 1974), Continental Shelf Act 1966, and Petroleum Mining Act 1966.
SUPP Women’s wing said legal action is a necessary step to safeguard Sarawak’s constitutional rights, but stressed the move is not confrontational but a constitutional defence grounded in the Federal Constitution and the Malaysia Agreement 1963 (MA63).
“Sarawak’s rights are not political concessions. They are entrenched in the Federal Constitution and MA63, which form the very foundation of Malaysia,” it said.
The women’s movement also expressed full confidence in Deputy Minister in the Sarawak Premier’s Office Datuk Sharifah Hasidah Sayeed Aman Ghazali, who is spearheading Sarawak’s legal response.
“At this critical juncture, unity among Sarawakians is paramount. We call upon all Sarawakians, regardless of political affiliation, to stand together in safeguarding our state’s natural resources, constitutional position, and future generations’ interests,” it said.
It noted that the petition follows a series of legal challenges initiated by Petroliam Nasional Berhad (Petronas) since 2018 involving Sarawak’s regulatory and fiscal authority over its oil and gas resources.
These included a 2018 Federal Court application seeking declarations on the exclusivity of the PDA 1974; a 2019–2020 judicial review challenging Sarawak’s 5 per cent State Sales Tax (SST) on petroleum products; 2025 High Court proceedings contesting Sarawak’s Distribution of Gas Ordinance 2016 (DGO) licensing regime; and a January 2026 Federal Court motion seeking clarification of the regulatory framework governing its operations in the state.
SUPP Women’s wing pointed out that in June 2018, Petronas had sought declarations from the Federal Court asserting that the PDA 1974 governs the petroleum industry throughout Malaysia, that the national oil company is the exclusive owner of petroleum resources, and that it is the sole upstream regulator, including in Sarawak.
However, the apex court dismissed the application for leave on jurisdictional grounds.
In 2020, the Kuching High Court upheld Sarawak’s constitutional authority to impose its 5 per cent SST on petroleum products, dismissing Petronas’ judicial review application.
“Despite these outcomes, further challenges have continued,” SUPP Women said.
In its statement, SUPP Youth cited Article 162 of the Federal Constitution, which expressly preserves all pre-Malaysia laws in force within Sarawak, meaning laws enacted prior to Malaysia Day remain valid unless amended in accordance with constitutional procedures.
“This includes the Oil Mining Ordinance 1958, as well as matters relating to petroleum and mineral resources, which fall under the State List as provided in the Ninth Schedule,” it said.
“Sarawak has consistently pursued the management of its natural resources in accordance with state laws that are constitutionally safeguarded to protect the interests of Sarawak and all Sarawakians. It is therefore appropriate for the state to seek judicial interpretation on how subsequent federal legislation interacts with Sarawak’s preserved legislative powers.”
While acknowledging that certain narratives from Peninsular Malaysia emphasise national interests, the youth wing stressed that such considerations must not come at the expense of Sarawak’s constitutional rights.
“Sarawak must be respected as an equal partner in the Federation of Malaysia. The recognition and respect of Sarawak’s state laws are essential for us to collectively build a stronger, fairer, and more united Malaysia for the benefit of all,” it said.
On Monday, Sharifah Hasidah was cited as saying the petition was filed in the Federal Court to determine the constitutional validity and continued applicability of the Petroleum Development Act 1974, Continental Shelf Act 1966, and Petroleum Mining Act 1966 to Sarawak.
She said the federal laws adversely affect and deprive Sarawak of its rights to natural resources, including oil and gas, found in the seabed of the continental shelf within the boundaries as extended and defined by the Sarawak (Alteration of Boundaries) Order in Council 1954 and Sarawak (Definition of Boundaries) Order in Council 1958.
She added the Sarawak government remains committed to continuing constructive discussions with the federal government to reach an amicable resolution that would strengthen national unity, promote the sustainable use of oil and gas resources, and enable Sarawak to contribute significantly to Malaysia’s prosperity and economic growth.
Related story: Sarawak files Federal Court petition over applicability of federal petroleum laws
English (US) ·