KUCHING: Bintulu Port falls under the state’s jurisdiction along with our rights to land, said Muara Tuang assemblyman Datuk Idris Buang.
Idris, a practising lawyer concurred with Deputy Chief Minister Tan Sri James Jemut Masing that the Bintulu Port Act 1981 is not completely legal.
“It is merely quasi-legal (legal to some extent) if it never gets the nod of the Sarawak State Legislative Assembly,” Idris told New Sarawak Tribune yesterday.
“I humbly think that it is voidable and only regularised at the option of our state government with the endorsement of our State Legislative Assembly.”
Idris viewed that being a voidable legislation it needed to be properly adopted or formalised by the August House.
“But if they do not wish to take that stand, then, it should be treated as voidable and therefore seek restitution.”
The PBB information chief also agreed with Masing that Sarawak’s control of traffic and activities including imposing levies fall under the state’s domain.
“This is prescribed under the Federal Constitution’s Tenth Schedule Part V, Additional Revenues Assigned to Sabah & Sarawak and Item 15 of State List 11A under the Ninth Schedule (Article 95B (1) (a) of the Federal Constitution.”
Idris viewed that the federal government could only exercise their rights to ports on state lands which are declared and gazetted to be Federal land for that purpose.
“Such declaration can only be necessitated by them through a process required by our State Land Code.
“However, paramount to that, the inception of a federal owned port in our State through an Act of Parliament ought to be adopted and passed in our own State Assembly as it involves the use of land.”
He opined that land in the state was constitutionally to be held in accordance with state laws.
“Therefore, we need to check or review whether all the legal requirements and processes in respect of the Bintulu Port have been complied with or otherwise.
“Personally, I have no idea whether for that port, the due process had been done or otherwise,” he expressed.