KOTA KINABALU : – The recent successful settlement by the Sarawak government regarding its continental shelf and the associated oil and gas resources is commendable.
Deputy Chief Minister Datuk Seri Panglima Dr Jeffrey Kitingan, however, said it is essential to note that such matters should not have been a question at all.
He pointed out that the continental shelf, along with the oil and gas resources, are Sabah’s non-negotiable rights, firmly established by the 1954 North Borneo (Alteration of Boundaries) Order in Council.
“The constitutional and historical foundations clearly establish that the continental shelf, including its seabed and subsoil, constitutes the boundary of Sabah, ” he said in a statement Thursday.
Article 1(3) of the Federal Constitution specifies that Sabah’s boundary is its boundary as of Malaysia Day, 16th September 1963. Since the 1954 Order in Council, the continental shelf has been recognised as part of Sabah’s territory.
Under the Land Ordinance (Sabah Cap.68), land under water, including the high seas up to the continental shelf, falls under Sabah’s jurisdiction. Land is a state matter under the State List in the 9th Schedule of the Federal Constitution, which includes land tenure, permits, and licences for mining activities.
Dr Jeffrey, who is Parti Solidariti Tanah Airku (STARSABAH), said Sabah’s rights to manage and utilise its continental shelf, including the ownership and management of oil and gas resources, should be indisputable.
Section 24 of the Land Ordinance asserts that all coal, minerals, precious stones, and mineral oils belong to the Sabah Government. The Minister is empowered to grant licences and permits to explore, extract, and sell these resources.
Thus, Sabah remains the undisputed owner of its natural gas resources beneath the continental shelf, regardless of the constitutional validity of the Petroleum Development Act 1974 (PDA74).
The PDA74 addresses petroleum alone, leaving natural gas within the purview of the Sabah government as per Section 24 of the Sabah Land Ordinance.
“To force Sabah and Sarawak to negotiate in order to enforce their inherent rights and laws is, quite frankly, absurd.”
“These rights have been clearly defined and recognised by legal and historical precedents,” he said
Dr Jeffrey said with the recognition of Sarawak’s rights, Sabah, as one of the two Borneo states, automatically deserves the same recognition.
It is only fair and logical that Sabah’s territorial and resource rights are equally acknowledged and respected.
“I would like to emphasise also that this recognition has always been one of the core struggles of STAR Sabah,” he added.
As Sabah Day approaches, it is a timely reminder of our rich heritage and the ongoing struggle to uphold our rights.
This day not only celebrates our history but also reinforces our commitment to safeguarding Sabah’s territorial integrity and resource ownership, Dr Jeffrey said.
