SUPP Youth backs state government's decision to file a petition in Federal Court on constitutional validity and applicability of three federal Acts to Sarawak

KUCHING, Feb 23 2026: Sarawak United People’s Party (SUPP) Youth has expressed its firm support to the state government’s decision to file a petition in the Federal Court to determine the constitutional validity and continued applicability of the Petroleum Development Act 1974, the Continental Shelf Act 1966, and the Petroleum Mining Act 1966 in relation to Sarawak.

In a statement tonight, SUPP Youth said the Federal Constitution under Article 162 expressly preserves all pre-Malaysia laws in force within Sarawak.

“This means that laws enacted prior to Malaysia Day continue to remain valid and cannot be unilaterally disregarded by the federal government or Petronas.

“This includes the Oil Mining Ordinance 1958, as well as matters relating to petroleum and mineral resources which fall under the State List as provided in the Ninth Schedule,” SUPP Youth contended.

It said Sarawak has consistently pursued the management of its natural resources in accordance with State laws that are constitutionally safeguarded to protect the interests of Sarawak and all Sarawakians.

“It is therefore appropriate for the state to seek judicial interpretation on how subsequent federal legislation, including the Petroleum Development Act 1974, interacts with Sarawak’s preserved legislative powers,” it stressed.

It said while it acknowledges that certain narratives have emerged from Peninsular Malaysia emphasising national interests, such considerations must not come at the expense of Sarawak’s constitutional rights.

“These rights are deeply rooted in the constitutional framework that formed Malaysia in 1963 and reflect the strong sentiments of Sarawakians that our voices must be heard.

“Sarawak must be respected as an equal partner in the Federation of Malaysia,” SUPP Youth said, pointing out that such recognition and respect of Sarawak’s State laws are essential to collectively build a stronger, fairer and more united Malaysia for the benefit of all.

Earlier today, Deputy Minister of Law, Malaysia Agreement 1963 and State-Federal Relations Sharifah Hasidah Sayeed Aman Ghazali announced that the state government has filed a petition in the Federal Court to determine the constitutional validity and continued applicability of the Petroleum Development Act 1974,  Continental Shelf Act 1966 and Petroleum Mining Act 1966 to Sarawak.

She said these federal Acts adversely affect and deprive the rights of Sarawak to the natural resources, including oil and gas, found in the seabed of the Continental Shelf within the boundaries as extended and defined by the Sarawak (Alteration of Boundaries) Order in Council 1954 and the Sarawak (Definition of Boundaries) Order in Council 1958.

Sharifah Hasidah said that under MA63 and the constitutional instruments annexed thereto, the sovereign rights to the petroleum resources in the seabed within Sarawak's boundaries, were vested on Malaysia Day by the British government, in Sarawak and not in the federation or federal government.

She noted that Item 2(c) of the Ninth Schedule of the Federal Constitution vests legislative authority in the Sarawak Legislative Assembly (SLA), to regulate the exercise of such petroleum rights through issuance of mining leases and certificates and prospecting licenses.

She added that the Continental Shelf Act, 1966 and the Petroleum Mining Act, 1966 were originally applicable to the States of Malaya, but extended to Sarawak by way of an Ordinance passed after the Proclamation of Emergency 1969.

“That Emergency was annulled by both Houses of Parliament in December 2011,” she said, adding that “therefore, by June 2012, these two (2) laws should no longer apply to Sarawak by reason of Article 150(7) of the federal Constitution”.

She noted that Petronas had on January 10 2026 filed an application to seek leave to apply to the Federal Court to challenge the validity of several state laws purportedly to seek judicial clarity on these laws which regulate Petronas' petroleum operations, business and other activities in Sarawak.

The application is scheduled for hearing by the Federal Court on March 16, 2026.

Sharifah Haisdah said the Sarawak government will be objecting to application which does not fall within the Federal Court's exclusive original jurisdiction under Article 128(1)(a) of the Federal Constitution.