SARAWAK’S move to take complete control over the granting of prospecting, exploration and mining rights in the state should be tabled, deliberated and passed in the state assembly to give it enforcement powers, said See Chee How today.

The state PKR vice-chairman’s comments come following Abang Johari Openg’s address at the Industry Engagement with Oil and Gas Companies in Sarawak session in Kuching yesterday, where the chief minister said he is taking the measure under Article 1(3) of federal constitution.

Under the regulatory adjustments, all companies involved in the exploration, prospecting and mining of oil, and the distribution of gas in Sarawak are required to comply with state laws, including those relating to the use and occupation of land.

They must have licences, permits, leases and approvals under either the Oil Mining Ordinance 1958, Gas Distribution Ordinance 2016 or Sarawak Land Code by July 1.

See, who is also Batu Lintang assemblyman, said while the state PKR supports the state government’s efforts to reclaim Sarawak’s constitutional right to regulate the exploration, prospecting and mining of petroleum and other mineral resources in the state, “it must be done in a manner that is constitutional, lawful and following the legislative process”.

“The proposed regulatory adjustments are revolutionary. It is proposing to impose licensing fees, land rent and royalties on each and every oil and gas industry entity or player involved in the exploration, prospecting and mining of petroleum.

“And yet, certain pertinent questions were conspicuously not addressed.”

He said this would cause the proposed adjustments, which will have “a momentous impact on all industry players”, to be met with doubt, adding that they could turn out to be ineffectual and unenforceable.

“Among the obvious and significant flaws is that the constitutionality and legal constraints of the provisions under the Territorial Sea Act 2012 were not raised nor deliberated.”

See, who is a lawyer, said the panel of officers at the explanatory session had “intentionally” said the proposed adjustments did not concern the constitutionality and legality of the Petroleum Development Act 1974, and the ownership of oil and gas resources in the state, among others.

“To reclaim our territorial rights and assert our sovereignty over the exploration, prospecting and mining of petroleum and other resources found within our territory, there are pertinent and fundamental questions that must be answered, and a collective stand can only be made in the state assembly.

“There is still time for the chief minister to advise the governor to call a session of the state legislative assembly before July, to deliberate on Sarawak’s sovereign power and rights under Item 2(c) of the State List under the Ninth Schedule of the federal constitution.” – May 17, 2018.