Sarawak waters is 200 nautical miles, not just 12 miles

(The Borneo Post) – Sarawak never gave up its rights when it became a partner in the establishment of Malaysia, said Premier Datuk Patinggi Tan Sri Abang Johari Tun Openg.

He stressed that all the rights as contained in Sarawak’s laws before Malaysia remain in force unless amended in Parliament with the consent of the State Legislative Assembly.

He cited instructions from Queen Elizabeth II or the Order in Council in 1954 regarding the demarcation of Sarawak state, where the sea boundaries of Sarawak extended to the continental shelf, including the seabed and below the seabed.

“This is one of the rights brought by Sarawak when it merged with the Federation of Malaya, Sabah, and Singapore on 16th September 1963, which cannot be handed over to other parties.

“This is one of the things that cannot be negotiated or non-negotiable as I emphasised before,” he said during the Sarawak Day 2024 celebration at the Old Bintulu Airport site last night.

He pointed out the Federal Constitution also recognises that the territory of each state in Malaysia remains as it was before Malaysia Day on Sept 16, 1963.

Abang Johari stressed that any law enacted which changes Sarawak’s boundaries cannot be passed without the consent of the state.

“This reinforces our position that border matters are not open to negotiation,” he added.

He also cited Sarawak Land Law, effective in 1958, which gives Sarawak full authority to manage anything on the land including resources on the continental shelf, on the seabed, and under the seabed, including carbon capture, usage, and storage (CCUS).

Legal rights regarding this land are also enshrined under the authority of the state through the Second List and Ninth Schedule of the Federal Constitution, he said.

“Therefore, until now, the National Land Code does not apply in Sarawak because Sarawak already has existing land laws that continue to apply after the establishment of Malaysia,” he said.

Abang Johari said the third example is the Petroleum Development Act 1974 (PDA 1974), which cannot negate Sarawak’s right to resources and gas off the coast of Sarawak.

In addition, he said the Territorial Sea Act (2012), which limits the sea boundary to only 12 nautical miles cannot negate Sarawak’s right to its sea delimitation, which includes the offshore area and continental shelf as far as 200 nautical miles.

He said the fourth example is the Sarawak Oil and Mining Ordinance 1958 (OMO 1958), which empowers Sarawak to manage and develop its oil and gas resources.

He pointed out this law was never repealed and applies even after the establishment of Malaysia.

“For this reason, Sarawak has full control over Sarawak’s onshore oil mining with the first drilling project in the Southern Marudi area operated by Petros.

“As a result of this, the Sarawak government has the authority to manage gas distribution or as an aggregator in Sarawak through an amendment to the Gas Distribution Ordinance 2016 (Gas Distribution Ordinance 2016),” he explained.

He said the amendment entered into force on Feb 1, 2024 and this power involves distribution throughout Sarawak whether offshore or on land.

He said gas distribution is not new because the distribution of gas for domestic use already happened under Shell in Miri before the establishment of Malaysia.

“As a sovereign region, Sarawak merged with other regions by bringing together all aspects of the sovereignty of a region, which includes the head of state, the government and legal system, the clear demarcation of the land, and the clear population,” said Abang Johari.

He also said the effort to commemorate Sarawak Day is not just to ensure the people are aware that Sarawak was given the authority to govern itself on July 22, 1963 by the British.

“Behind the meaning of the power of self-government is that Sarawak has joined with other regions to establish Malaysia as a sovereign political entity through the Malaysia Agreement 1963 (MA63) as recognised by the United Nations at that time,” he said.

Head of State Tun Pehin Sri Dr Wan Junaidi Tuanku Jaafar and wife Toh Puan Fauziah Mohd Sanusi were guests of honour at the celebration.