1974 still applicable – state DAP, PH secretary
MIRI: The state Democratic Action Party ( DAP), a component of Pakatan Harapan ( PH) coalition, contends that the Petroleum Development Act ( PDA) 1974 is still applicable unless it has been declared null and void by the Parliament and Federal Court.
Secretary of state DAP and PH, Alan Ling, who is a lawyer by profession, stressed this in a press conference yesterday.
“All this while, Chief Minister Datuk Patinggi Abang Johari Tun Openg declared that the PDA is null and void or not applicable on the ownership of petroleum rights. We already rebuked by saying an Act can only be declared as null and void by Parliament or by the Federal Court which is the supreme court of Malaysia.”
Ling said this following the move by Petronas on Monday to file application before the Federal Court seeking for a declaration on the PDA 1974 being the law applicable for petroleum industry in Malaysia.
The oil and gas company is seeking to clarify that under the law, it is the exclusive owner of the petroleum resources as well as the regulator for the upstream industry throughout the country.
According to Ling, the action brought by Petronas against “us showed that Abang Johari or the state government has been misleading (the people) and blowing hot air and showing his ignorance in law”.
“Now Petronas has sought court interpretation to determine has proven all that. There is a fact that Sarawakians should know - that State Secretary Tan Sri Datuk Amar Mohamad Morshidi Abdul Ghani is one of the members of the board of directors of Petronas. By virtue, he should know this before the impending legal suit against Sarawak.”
In this regard, Ling urged the State Secretary to “brief each and every one of us ( Sarawakians) on what transpired leading to such action by Petronas”.
Meanwhile, Ling said PH had pledged in its manifesto that if it formed the government it would form a special select committee within 100 days to review all the relevant legislations touching on Sarawak’s interests and rights such as PDA and Malaysia Agreement 1963 ( MA63).
“Within six months we will study and even include or consider putting one legal expert from the state government,” he pointed out, adding that following the study they would recommend to the federal government to review the legislations.