Sarawak PKR: Regulatory adjustments must be tabled before being enforced

All regulatory adjustments concerning oil and gas (O&G) industry entities involved in the exploration, prospecting and mining of petroleum in the state must first be tabled, deliberated and passed in the Sarawak state assembly.

“This must be done before they can be made enforceable,” says state PKR vice-chairperson See Chee How (above).

Speaking at a press conference in Kuching today, See said PKR Sarawak supports the state government’s initiatives to reclaim Sarawak’s constitutional authority to regulate the exploration, prospecting and mining of petroleum and all other mineral resources within the territory of Sarawak.

However, he said the adjustments which he called “revolutionary” must be done in a manner that is constitutional, lawful and according to the legislative process.

See was referring to the regulatory adjustments which were revealed by Chief Minister Abang Johari Abang Openg and the panellists during an “Industry Engagement with Oil and Gas Companies in Sarawak” conference hosted in Kuching yesterday.

In the conference handbook, the chief minister had lent a foreword in which he said the regulatory and basic procedures of the O&G industry in Sarawak would be experiencing regulatory adjustments.

The chief minister had said by July this year those involved would be required to comply with all state laws including those relating to the use and occupation of land and they must have the licenses, permits, leases and approvals under either the Oil Mining Ordinance, 1958, the Distribution of Gas Ordinance, 2016 and the Land Code.

According to See, the proposed regulatory adjustments are “revolutionary” because they are proposing to impose licensing fees, land rent and royalties on each and every oil and gas industry entity or player.

Assert sovereignty 

He said on the other hand, however, certain pertinent questions were conspicuously not addressed.

Among the obvious flaws is the fact that the constitutionality and legal constraints of the provisions under the Territorial Sea Act 2012 are not being raised nor deliberated.

“Further, the panel of officers intentionally and particularly stated that the explanatory session and the proposed regulatory adjustments do not concern, firstly the constitutionality and legality of the Petroleum Development Act 1974 and the application of its provisions in Sarawak, and secondly, the ‘ownership’ of oil and gas resources within the territory of Sarawak.”

See explained that these fundamental questions must be answered to reclaim Sarawak’s territorial rights and assert the state’s sovereignty over petroleum and other resources found within our territory.

He also said that there is still time for the chief minister to summon a session of the state assembly to be held before July, to deliberate on Sarawak’s sovereign power and rights to the issuance of permits and licences for mines, mining leases and certificates under Item 2 (c) of the State list under the Ninth Schedule of the Federal Constitution. -Mkini