KOTA KINABALU – Sabah does not require any settlement regarding its rights over its continental shelf, as these rights have been non-negotiable from the outset, says Deputy Chief Minister Datuk Seri Jeffrey Kitingan.
He said that while the recent development where Sarawak reached a settlement on rights and powers in managing and using land on the continental shelf is commendable, such a settlement was unnecessary because Sabah and Sarawak’s rights and laws in this matter are inherent.
“Such matters should not have been a question at all. 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 established that the continental shelf, including its seabed and subsoil, constitutes the boundary of Sabah,” he said in a statement today.
He was responding to the recent settlement Sarawak reached regarding the rights and power to manage and use land on the continental shelf, following discussions at the first meeting of the National Energy Council, chaired by Prime Minister Datuk Seri Anwar Ibrahim in Putrajaya recently.
Kitingan stressed that it was “absurd” to force Sabah and Sarawak to negotiate to enforce their inherent rights and laws, as these rights have been clearly defined and recognised by legal and historical precedents.
He pointed out that Article 1(3) of the Federal Constitution specifies that Sabah’s boundary is as it was on Malaysia Day, September 16, 1963.
Furthermore, since the 1954 order in council, the continental shelf has been recognised as part of Sabah’s territory.
“Sabah’s rights to manage and utilise its continental shelf, including the ownership and management of oil and gas resources, should be indisputable.
“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,” he said.
Speaking about the laws regarding Sabah’s rights on its continental shelf, Kitingan clarified that under the Land Ordinance (Sabah Cap. 68), land beneath water, including areas extending to the continental shelf, falls under Sabah’s jurisdiction.
Land is a state matter under the State List in the Ninth Schedule of the Federal Constitution, encompassing land tenure as well as permits and licences for mining activities.
Section 24 of the Land Ordinance stipulates that all coal, minerals, precious stones and mineral oils belong to the Sabah government. The Sabah minister in charge of such matters is authorised to grant licences and permits for the exploration, extraction and sale of these resources, he explained.
However, Kitingan, who is also the president of Sabah STAR, said that with Sarawak’s rights recognised, Sabah, as one of the two Borneo states, should automatically receive the same recognition.
He argued that it is only fair and logical for Sabah’s territorial and resource rights to be equally acknowledged and respected.
“I would like to emphasise also that this recognition has always been one of the core struggles of Sabah STAR.
“As Sabah Day approaches, it is a timely reminder of our rich heritage and the ongoing struggle to uphold our rights. Not only that the day allows for the celebration of our history, but it also reinforces our commitment to safeguarding Sabah’s territorial integrity and resource ownership,” he added. – August 8, 2024