How could Sarawak treat the PDA 1974, TSA 2012, and CSA 1966 as invalid?

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Sarawak's Potential Stance on Federal Oil and Gas Legislation

Parti Bumi Kenyalang (PBK) president Voon Lee Shan has proposed that Sarawak could assert the invalidity of the Petroleum Development Act (PDA) 1974, Territorial Sea Act (TSA) 2012, and Continental Shelf Act (CSA) 1966. This stance is rooted in the belief that such a declaration would enable Sarawak to reclaim full autonomy over its oil and gas resources. Voon suggested that a motion within the state legislative assembly to formally not recognise these federal acts would serve as a demonstration of the state government's dedication to protecting Sarawak's rights and interests.
Legal Challenge to Federal Acts

The proposition by Voon Lee Shan hinges on challenging the constitutional validity and applicability of specific federal laws within Sarawak's jurisdiction. The PDA 1974, enacted shortly after the formation of Malaysia, established Petronas and vested the entire ownership and control of the country's oil and gas resources in the federal government. Subsequently, the TSA 2012 and CSA 1966 further defined the territorial waters and continental shelf, respectively, reinforcing federal authority over offshore resources. PBK's argument implicitly questions the constitutional basis upon which these federal acts supersede Sarawak's inherent rights as a signatory to the Malaysia Agreement 1963, particularly concerning resource ownership.
State Legislative Assembly's Role

Voon Lee Shan's suggestion for a motion in the state legislative assembly to not recognise these federal acts points to a potential avenue for expressing state dissent. While a state legislative assembly cannot unilaterally declare federal laws invalid, such a motion could serve as a strong political statement and a formal articulation of Sarawak's position. This action would signal the state government's intent to assert its rights and could be a precursor to further legal or political negotiations with the federal government regarding resource control and revenue sharing. Historically, state assemblies have passed resolutions to voice concerns or assert rights concerning federal policies.
Historical Context of Resource Rights

The debate over Sarawak's oil and gas resources is framed by the historical context of the Malaysia Agreement 1963. This agreement established the framework for the federation, with specific provisions concerning the rights and autonomy of Sabah and Sarawak. Over time, the interpretation and implementation of these provisions, particularly regarding resource ownership and revenue distribution, have led to ongoing discussions and disputes. The RM2.9 billion received by Sarawak from Petronas for the state sales tax on petroleum products for 2019, for instance, was viewed by PBK as merely a small fraction of what rightfully belongs to the state, highlighting a persistent tension over resource allocation and control.

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How could Sarawak treat the PDA 1974, TSA 2012, and CSA 1966 as invalid?

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