Respect MA63 and PDA1974 – Cobbold John

Kuching – The onus of the compliance should be on Petronas, after all, the State has a law enacted, and the force of such law, to enforce it.

“It is just like saying that Petronas has broken the law, and the onus is for it to admit it. Would a criminal admitted that he has committed any crime?”, asked Cobbold who is PBDS Baru’s president.

“What is the State Administration or for matter, the State Attorney General stand , with respect to this subject matter?” said Cobbold.

The failure by the State government to act accordingly, could be construed that , the State law is indeed weak.

PETRONAS needs to adhere to, and to comply accordingly to the State laws, or to any local requirements, in which they are operating. He continues, MA63 shall be respected, meanwhile, State Immigration shall exercise their rights to regularly monitoring PETRONAS operations in the States.

“PETRONAS have two assets in Sarawak Operations, which are Sarawak Gas and Sarawak Oil, both located in Bintulu and Miri respectively”, said Cobbold.

He continues, apart from that, there also other PETRONAS subsidiaries operating on the state such as ABF. Hence, employment opportunities shall be given to Sarawakians instead of flooding their operations in Sarawak with Malayan people.

“The State government should send a “Letter of Demand,” to PETRONAS Legal dept on the Enforcement of the requirements. The PDA 74 ultra virus the Federal Constitution and the Sarawak Mineral Ordinance, thus, the State should make an official rejection of PDA74 and the Territorial Laws. The Territorial Sea Act 2012 is limiting the State’s territorial sea water from 12 nautical miles, to 3 nautical miles, thus it violates Article 1 of the Federal Constitution”, said Cobbold.

“The onus is on Petronas to reply accordingly. 90% of employment opportunity shall goes to Sarawakians. We expect to see by second quarter of this year, in every PETRONAS assets operating in the state, 90% shall be Sarawakian. Those presently employed under contract staff shall be observed to permanent position”, he asserted.

Meaning the burden of obtaining the license is on Petronas, and not the State government. Indirectly, Petronas has to comply with the State laws and the Federal Constitution, which state that, the minerals belongs to the State, so license has be obtained accordingly, i.e. under the Sarawak Mineral Ordinance 2004.

It’s either the State Law comes first or the Malaya’s Law. There is no two ways about it.

“Under the State Lists (Federal Constitution), mines, mining etc are owned by the State. The Sarawak Mineral Ordinance empowers the State government to regulate the mining, mines and related activities within the state including those activities within the Sarawak waters”, he said.

“Any body including PETRONAS, carrying out mining activities in the State, must comply with the Sarawak Mineral Ordinance, failing which, an entity is liable to be punished under such law”, he said.

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