Get two Acts null and void
Sarawak govt asked to file motion to declare TSA unconstitutional, PDA nullified
KUCHING: The Sarawak government should file a motion in court to declare the unconstitutionality of the Territorial Sea Act ( TSA) 2012 and the lapse and nullity of the Petroleum Development Act (PDA) 1974.
Batu Lintang assemblyman See Chee How said seeking judicial declaration on both Acts was one of the most crucial things that Sarawak must now do.
He said Sarawak’s legal contention should rightly be mounted on the constitutionality of the TSA, the legality and enforceability of the PDA 1974, which was part of the regime of the Emergency Orders proclaimed in 1969, and has since been revoked in 2011.
He added it was also pertinent for Sarawak to challenge the constitutionality and legality of the Tripartite Agreement signed between the Federal Government, the Sarawak Government and Petronas vesting Sarawak’s rights over all its petroleum resources to Petronas.
“While you will have to file your defence against Petronas’ application, you must also goto court and file your application to declare that TSA is unconstitutional, null and void and that PDA 1974 is invalid as far as Sarawak is concerned, and is not binding on Sarawak provision.
“You must have both of these done. We have to be very careful, we must take it very seriously, we must quickly get it done to make sure that the interest of Sarawak is protected,” he told a press conference at Stampin PKR service centre here yesterday.
He said because Petronas’ right over oil and gas in Malaysia is well interpreted in the PDA, elected representatives in the Sarawak
You must have both of these done. We have to be very careful, we must take it very seriously, we must quickly get it done to make sure that the interest of Sarawak is protected. See Chee How, Batu Lintang assemblyman
opposition camp and concerned non- government organisations ( NGOs) earl ier on kept on saying and telling the Sarawak government that they must seek declaration in the court.
“You have to seek judicial declaration, to say that it is no longer active, valid to bind Sarawak. You must have al l these done. I think the Sarawak government is very arrogant and there is gross negligence on their part, and erroneous in judgment in making their decision.
“That is the reason why we are now in a very precarious position. We can’t afford to have anymore margin of error because once the whole thing is declared, and if it is in favour of Petronas, we will lose everything that we have,” he said.
See added it was very important for the Sarawak government to bring in the TSA and looking at the validity of Petronas in PDA instead of just interpreting the provision in PDA because the whole thing is working against Sarawak.
He added there were gross negligence and erroneous in the Sarawak government’s judgment because its leaders believe BN would not fail and that Datuk Seri Najib Razak would still be prime minister. They believed that whatever they say was true; that Najib would return everything to them.
“That is their belief. They created this belief in themselves that they just have to amend the Oil Mining Ordinance, add in some more safeguards and then they will be able to bind Petronas, which cannot be the case.
“It is also their gross negligence over the last 18 months that they have failed to follow up with Putrajaya on the reference that was made by the late chief minister to annul and amend the provisions in the TSA and PDA,” he said.
See said the whole thing proved that BN, which had ruled Sarawak for last 55 years, had totally failed to safeguard Sarawak’s interest.
He claimed that Sarawak’s sea territories were being indiscriminately exploited economically for their ( Petronas) own benefit, which the Sarawak government could not do anything about.
“Now, at least with the new government, and with its manifesto, we can look into the devolution of legislative, executive and fiscal powers to Sarawak and Sabah.
“On the PDA, the Pakatan Ha rap an government has promised that it will be scrutinised and to review Petronas’ monopoly on the country’s gas and oil products, especially from Sabah and Sarawak.
“This is to enable Sabah and Sarawak to set up their own oil and gas companies, and not limiting their role as a Petronas contractor,” he said
Like all Sarawakians, See said he could only hope that the Sarawak government must win this case in the interest of Sarawak.