Until today all local politicians and political party are still talking about royalty and the increase from 5% to 20%. Don’t they realize that all the petroleum and gas in their territorial waters now belong to them?
Sabah and Sarawak should be taking this issue up to the attention of the highest level – the Tuan Yang Terutama Yang Di Pertua Negara Sabah and Sarawak and then to their respective State Legislative Assemblies (DUN).
The DUN should pass a resolution to immediately set-up a task force and mobilize them to undertake the Fiduciary and Due Diligence of all Petroleum and Gas assets in Sabah and Sarawak territory and territorial waters.
Every effort must be made to communicate with existing Petroleum Sharing Contractors to inform them about the current development. The cut-off date for their contracts is April 24, 2012 and all their liabilities that they may incur they have to settle them with Petronas.
They are welcome to renegotiate their contracts with the respective State Governments. The resolution should also include the setting up of a state institution similar to SEDIA in Sabah and SCORE in Sarawak.
However, the main function of this state institution should be to manage and administrate Petroleum and Gas development for Sabah and Sarawak. In terms of reinvestment of income from these resources, the Norwegian Model is highly recommended.
For the short term the task force should be responsible to entertain any queries from the Malaysian Government or Petronas. But once the state institution is established then this work should be handed over to them.
Unconstitutional act by Putrajaya
To whether the Federal Government realizing their mistake will try to retake the petroleum and gas rights from Sabah and Sarawak, this will not arise. They have tried this, but I believe the Malaysian judicial system will make the right decision.
The Federal Government did this using Act 750 the Malaysia Territorial Sea Act 2012 where Section (3) (3) says: “For the purpose of the Continental Shelf Act 1966 [Act83], the Petroleum Mining Act 1966 [Act95], the National Land Code [Act56/65] and any written law relating to land in force in Sabah and Sarawak, any reference to territorial sea therein shall in relation to territory be construed as a reference to such part of the sea adjacent to the coast thereof not exceeding 3 nautical miles measured from the low-water line”.
This is followed by Section (4) which says: “The sovereignty in respect of the territorial sea, and in respect of its bed and subsoil, is vested in and exercisable by the Yang di-Pertuan Agong in right of Malaysia”.
This means that all the territorial water of Sabah and Sarawak which was taken by force under the above mentioned law is now null and void. The Federal Government is using the Malaysia Territorial Sea Act 2012 to legitimize another forceful takeover of the Sabah and Sarawak Territorial Waters.
They have made it to sound as if everything is now under the Yang di-Pertuan Agong. The drafter of this Act did not realize that the word “and any written law relating to land in force in Sabah and Sarawak” means this Act is unconstitutional.
And without the umbrella of emergency shrouding over Malaysia, this Act should not be passed in Parliament. However the Federal Government pushed through an unconstitutional Act for Royal Assent on June 18, 2012 and gazetted it on June 22, 2012.
FMT Borneo Plus
Sabah and Sarawak should be taking this issue up to the attention of the highest level – the Tuan Yang Terutama Yang Di Pertua Negara Sabah and Sarawak and then to their respective State Legislative Assemblies (DUN).
The DUN should pass a resolution to immediately set-up a task force and mobilize them to undertake the Fiduciary and Due Diligence of all Petroleum and Gas assets in Sabah and Sarawak territory and territorial waters.
Every effort must be made to communicate with existing Petroleum Sharing Contractors to inform them about the current development. The cut-off date for their contracts is April 24, 2012 and all their liabilities that they may incur they have to settle them with Petronas.
They are welcome to renegotiate their contracts with the respective State Governments. The resolution should also include the setting up of a state institution similar to SEDIA in Sabah and SCORE in Sarawak.
However, the main function of this state institution should be to manage and administrate Petroleum and Gas development for Sabah and Sarawak. In terms of reinvestment of income from these resources, the Norwegian Model is highly recommended.
For the short term the task force should be responsible to entertain any queries from the Malaysian Government or Petronas. But once the state institution is established then this work should be handed over to them.
Unconstitutional act by Putrajaya
To whether the Federal Government realizing their mistake will try to retake the petroleum and gas rights from Sabah and Sarawak, this will not arise. They have tried this, but I believe the Malaysian judicial system will make the right decision.
The Federal Government did this using Act 750 the Malaysia Territorial Sea Act 2012 where Section (3) (3) says: “For the purpose of the Continental Shelf Act 1966 [Act83], the Petroleum Mining Act 1966 [Act95], the National Land Code [Act56/65] and any written law relating to land in force in Sabah and Sarawak, any reference to territorial sea therein shall in relation to territory be construed as a reference to such part of the sea adjacent to the coast thereof not exceeding 3 nautical miles measured from the low-water line”.
This is followed by Section (4) which says: “The sovereignty in respect of the territorial sea, and in respect of its bed and subsoil, is vested in and exercisable by the Yang di-Pertuan Agong in right of Malaysia”.
This means that all the territorial water of Sabah and Sarawak which was taken by force under the above mentioned law is now null and void. The Federal Government is using the Malaysia Territorial Sea Act 2012 to legitimize another forceful takeover of the Sabah and Sarawak Territorial Waters.
They have made it to sound as if everything is now under the Yang di-Pertuan Agong. The drafter of this Act did not realize that the word “and any written law relating to land in force in Sabah and Sarawak” means this Act is unconstitutional.
And without the umbrella of emergency shrouding over Malaysia, this Act should not be passed in Parliament. However the Federal Government pushed through an unconstitutional Act for Royal Assent on June 18, 2012 and gazetted it on June 22, 2012.
FMT Borneo Plus
0 comments:
Post a Comment
Important - The views expressed and the links provided on our comment pages are the personal views of individual contributors and do not necessarily reflect the views of Sabah Report.