Sarawak governor Wan Junaidi Tuanku Jaafar has called out at what he deems to be federal encroachment into state powers, declaring that Parliament has no authority to legislate on matters outside its jurisdiction.
Wan Junaidi, a former law minister and former deputy Dewan Rakyat speaker, singled out the Environmental Quality Act 1974 as an example of unconstitutional overreach, the Dayak Daily reported.
He said that when the law was enacted in 1974, the environment was not included in the federal, state, or concurrent lists.
Under the Federal Constitution, a federal list spells out matters under Parliament’s legislative powers, while the state list details powers exclusively for state assemblies. A concurrent list specifies subjects which both federal and state authorities can legislate.
He said if the matter is not found in the lists, then it falls under the state’s jurisdiction as stipulated under Article 77 of the Federal Constitution.
“So, how did they go ahead and enact the Environmental Quality Act 1974?
“That means they were legislating on something that belongs to the state,” he was quoted as saying in delivering a speech on “The Malaysia Agreement”.
Wan Junaidi also said the federal government often defended its actions by citing international conventions and conferences, which only Putrajaya could attend on behalf of Malaysia.
One such example is the Paris Agreement 2015, an international treaty on climate change that was adopted by 195 countries.
He wondered if the federal government had obtained permission from the state.
“Environment belongs to the state, and yet they went ahead,” he said.
He also cited the Petroleum Development Act 1974 (PDA74), the unilateral declaration of Bintulu as a federal port in 1979, and the takeover of tourism in 1994 as further breaches of state rights.
