Baru: Incumbent on S’wak govt to challenge PDA1974, TSA in court
KUCHING: The Gabungan Parti Sarawak (GPS) government is duty bound to challenge the constitutionality of the Petroleum Development Act (PDA) 1974, the Continental Shelf Act 1966 and Territorial Sea Act (TSA) 2012 in the High Court, said Baru Bian (PSB-Ba Kelalan).
He said only the Sarawak government alone has the locus standi to take up the case.
He added that the GPS government should do so if it is really putting Sarawak’s rights first.
“To me, this is a mandatory step to take, failing which, the implementation of the Land Code (Amendment) Bill, 2022 would be restricted and so will our rights and sovereignty over all the petroleum and natural resources within the 200 nautical mile boundaries following the Continental Shelf of Sarawak as per the Alteration Boundaries Sarawak 1954 Order in Council,” he said.
He made these points when debating the motion of appreciation on the Yang diPertua Negeri’s opening address in the august House yesterday.
Baru said he wanted to know whether the Sarawak government was agrees with his proposal.
He recalled that the Sarawak State Legislative Assembly (DUN) had in 2015 unanimously passed a motion to demand Putrajaya to implement the state’s rights under the Malaysia Agreement 1963 (MA63).
He said the same motion had also mandated the Sarawak government to review all federal legislations, including amending or repealing laws that affect the state’s rights to its natural resources.
“The PDA 1974, the Continental Shelf Act 1966 and TSA 2012 are Federal Laws passed by our Parliament and were never challenged in any courts in Malaysia and therefore are valid and operative for all intents and purposes.”
He said he concurred with the saying that only the court, and not any minister or even the august House, can declare any laws to be null and void or unconstitutional.
“This is our legal democratic system of government of check and balance amongst the three organs of the government - the executive, the legislative and the judiciary,” he added.
When debating on the recentlypassed Land Code (Amendment) Bill, 2022, Baru raised the question on the apparent contradiction between the said Land Code (Amendment) Bill, which affirmed the land boundary of Sarawak as per The Sarawak (Alteration of Boundaries) Order in Council 1954 which provides that the boundaries of Sarawak do extend 200 nautical miles following the continental shelf of the state and the TSA 2012, which specifically restricts the territorial waters of Sarawak not to exceed three nautical miles, therefore effectively restricting the boundary of Sarawak contrary to what is stated in the Sarawak (Alteration of Boundaries) Order in Council 1954.
To me, this is a mandatory step to take, failing which, the implementation of the Land Code (Amendment) Bill, 2022 would be restricted and so will our rights and sovereignty over all the petroleum and natural resources within the 200 nautical mile boundaries following the Continental Shelf of Sarawak as per the Alteration Boundaries Sarawak 1954 Order in Council
Baru Bian