Latest news with #Enactment
Daily Express
7 hours ago
- Politics
- Daily Express
Continental shelf part of Sabah territory
Published on: Thursday, July 10, 2025 Published on: Thu, Jul 10, 2025 By: Larry Ralon Text Size: Abidin explained that enforcement powers under the Enactment are strictly limited to carbon-related matters and could only be exercised by authorised officers. Kota Kinabalu: The Sabah Government reaffirmed its position that the continental shelf falls under State jurisdiction and that any carbon-related activities in the area must comply with the newly passed Climate Change and Carbon Governance Enactment 2025, said Datuk Abidin Madingkir. The Assistant Minister to the Chief Minister said the State Government maintains that land under the Sabah Land Ordinance includes the continental shelf, consistent with the interpretation outlined in the North Borneo (Alteration of Boundaries) Order in Council 1954. 'As such, the continental shelf is part of the territory of Sabah,' he said when wrapping up the debates for the Bill at the State Legislative Assembly here Tuesday. Responding to issues raised by Tungku Assemblyman Assafal P Alian, Abidin said that discussions on the enforcement of the Territorial Sea Act 2012 and the Continental Shelf Act 1966 remain ongoing under the Malaysia Agreement 1963 (MA63) negotiation framework and have been categorised as 'Agree to Disagree' by the MA63 Implementation Action Council. 'Until this matter is conclusively resolved, the State maintains its stand that the continental shelf is under Sabah's jurisdiction. Any carbon activity proposed within that area must comply with the provisions of this Enactment,' he said, adding that the Enactment complements rather than overrides laws such as the Penal Code and is specific to carbon-related governance. Replying to concerns from the Sebatik Assemblyman Datuk Hassan A Gani Pg Amir, Abidin assured that the Enactment would not disrupt small-scale activities such as farming, fishing or rural community businesses. 'Existing rights to use land for agriculture or access natural resources will not be affected. The Enactment only applies if a landowner voluntarily decides to undertake a carbon project to generate carbon credits,' he said. 'In such cases, this law ensures that all credit generation and usage, particularly for offsetting purposes, is transparently and clearly regulated in the interest of the State.' Abidin explained that enforcement powers under the Enactment are strictly limited to carbon-related matters and could only be exercised by authorised officers. He also clarified the distinction between carbon rights and carbon credits, saying carbon rights refer to the right to carry out carbon activities – including reduction, removal or storage of greenhouse gas emissions – in Sabah and registered under this Enactment. Carbon credits are tradeable instruments generated from such activities, typically issued by government or independent certification bodies,' he said. Addressing questions from Kapayan Assemblywoman Datuk Jannie Lasimbang, Abidin said the Sabah Climate Action Council (SCAC) would operate under the Chief Minister's Department, while technical implementation of the Enactment would be overseen by a Director under the Sabah Lands and Surveys Department. 'Appointments to this post will be made carefully among qualified, experienced and capable individuals to ensure effective and accountable implementation,' he said. He added that Section 13 of the Enactment empowers the Council to appoint technical advisors to support climate policy and strategy implementation. 'This reflects an inclusive and open approach to ensure the Council is guided by sufficient technical expertise,' he said. Abidin also said that all proposed carbon projects must undergo a feasibility study approved by the Council, and carbon rights would only be granted through a formal registration process. He emphasised that the Enactment clearly mandates the involvement of indigenous communities, particularly where carbon activities are proposed on or near Native Customary Rights (NCR) land as recognised under the Land Ordinance. 'Evidence of community involvement must be included in the feasibility study. These studies may also propose community development initiatives, which will be reviewed before any approval is granted,' he said. Community participation, he added, is a mandatory requirement that would be strengthened through regulations issued by the Minister. Addressing the principle of Free, Prior and Informed Consent (FPIC), Abidin said the Enactment incorporates this indirectly through the requirement for legitimate consultation and approval prior to the implementation of any carbon activity on native land. 'Implementation of this principle will be further detailed in subsidiary legislation and standard operating procedures once the Enactment is gazetted,' he said. Responding to a query on benefit-sharing mechanisms, Abidin explained that while such provisions are not spelled out in the principal law, they would be elaborated through future regulations and SOPs. He said the establishment of the Sabah Climate Fund, as provided under the Enactment, would serve as a financial mechanism to channel proceeds from carbon activities into capacity building, community development and climate change initiatives. 'This fund will be financed through levies, royalties and climate-related fees and will support inclusive, climate-resilient development across the State,' he said. He added that the fund aims to strengthen vulnerable sectors such as agriculture, water, health, infrastructure and biodiversity in adapting to climate risks, while mainstreaming climate risk management into public investment planning and governance systems. 'I must stress here that the Gabungan Rakyat Sabah (GRS) Government will ensure that everything we have proposed will be implemented efficiently, systematically and to the highest standards,' said Abidin. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia
New Straits Times
2 days ago
- Business
- New Straits Times
Sabah collects RM32.26 billion in state sales tax since 1999
KOTA KINABALU: Sabah has collected RM32.26 billion in state sales tax (SST) from 1999 until June 30 this year, said State Finance Minister Datuk Seri Masidi Manjun. He said that the SST is an additional source of revenue for Sabah and Sarawak, as provided under Part V of the Tenth Schedule of the Federal Constitution. Masidi said the last amendment to this Enactment was made in 2018, covering only crude palm oil (CPO), lottery tickets, and slot machines. Since then, six more items, which are petroleum products, fishery commodities, scrap iron, silica sand, oil palm biomass, gold and silver, were added between 2020 and 2025. In 1999, SST collection amounted to RM89 million, or only seven per cent of the state's total revenue. However, by 2024, SST revenue had surged by over 3,000 per cent, contributing around RM3.03 billion, or 44.5 per cent of Sabah's total state revenue and with average monthly collections of around RM250 million. Masidi was speaking while tabling the amendment for State Sales Tax Enactment 1998 at the state legislative assembly sitting here. "This demonstrates that SST is not only a significant source of revenue but also a primary mechanism for sustaining Sabah's fiscal health and economic development. "The State Government extends its appreciation to all SST taxpayers for their contributions toward driving the state's economy and development for the benefit of the people," he said, adding as of now there are 386 licensed SST holders. Given the importance and substantial contribution of SST to the state's revenue, Masidi said there is a need to improve and amend the SST legislative framework. The proposed amendments aim to ensure the law remains relevant and responsive to current developments, including changes in the economic landscape and industry structure. The amendments also take into account the need to ease compliance and promote fairness for taxpayers, by reducing financial burdens and providing dispute resolution mechanisms when necessary. The amendment was passed.
Borneo Post
16-05-2025
- Borneo Post
Company owner, manager fined for unlawful possession of logs
KOTA KINABALU (May 16): A company owner and its manager were fined by a Sessions Court here today a total of RM100,000, in default, eight months' jail for unlawful possession of 238 logs without paying royalty. Judge Elsie Primus imposed RM50,000 fine each on Tiong Chee Khong and Yun Ket Chun, both aged 50, after a full trial. In her reserved decision, the judge held that the prosecution had proven its case beyond reasonable doubt against the two accused. Both of them had paid their fines. The duo was found guilty of without lawful authority or legal right, having the logs that had not been paid royalty at a log storage area in the Sipitang Forest Reserve on February 7, 2020. The offence was under Section 30(1) g of the Forest Enactment 1968, punishable under Section 30(2) (b) of the same Enactment. The indictment provides for a fine of up to RM500,000 or a jail term of up to five years or both, upon conviction. On December 18, 2024, the duo was freed from three charges of felling 707 logs illegally in the forest reserves and State land in Sipitang without their defence being called. For this offence, which was their fourth charge, they were called to enter defence. During mitigation, counsel Aaron Mark who represented the duo, requested for a minimum fine to be imposed on his clients saying that they were first-time offenders. Aaron argued that that these logs were rightfully cut and it was not related to damaging environment. In reply, Forestry Department prosecuting officer Peter Jack Empah urged the court to impose a deterrent sentence on Tiong and Yun. Peter submitted that the offence committed by the duo not only involved a violation of the law, but it also impacted the State Government's revenue in terms of tax collection. 'The unpaid taxes to the State Government amount to approximately RM60,000. Their action of failing to pay taxes to the State Government appeared to challenge the authority of the Sabah Forestry Department as the statutory body responsible for forest resource management in Sabah. 'If such actions are not curbed, they will have long-term effects on society and may encourage more individuals to commit similar offences in the future,' Peter added. The prosecution had called 12 witnesses to give their evidence while three defence witnesses had testified in the hearing, including Tiong and Yun. The cases were first brought to court on June 21, 2023.
New Straits Times
14-05-2025
- New Straits Times
Amirudin: Selangor plans RM1mil fine, jail term for polluters
KUALA LUMPUR: The Selangor Water Management Authority (LUAS) Enactment will be strengthened to ensure environmental polluters can be punished, including fines of up to RM1 million and mandatory imprisonment of up to three years. Selangor Menteri Besar Datuk Seri Amirudin Shari said this includes adding provisions that empower state enforcement authorities to conduct thorough investigations, including prosecution. He said that although the sources of pollution were often identified, weaknesses in evidence gathering had resulted in many offenders escaping legal action. "For example, odour pollution takes between 18 and 24 hours to reach the Selangor dam. If something happens in Batang Kali, it takes about 15 to 16 hours to get here, and the evidence is gone by then. That is one of the challenges we face. "Sometimes we detect pollution, but cannot trace the source because it has already stopped – the culprit may have been 'responsible' enough to shut it down. "So, while we manage to contain the issue, unfortunately, we are unable to catch or prosecute the offender," he said when met by reporters after the handover ceremony of the Raw Water Guarantee Scheme (SJAM) Package A and C project yesterday. He also said very few polluters have been prosecuted under the amended LUAS Enactment, as the prosecution process falls under the Attorney-General's Chambers. "Some cases have been prosecuted under the Environmental Quality Act or other existing laws in the country. Investigations were conducted, and the public prosecutor carried out prosecution. "The public prosecutor has their discretion on which laws or regulations to apply, whether to use the Act or the Enactment. So far, no charges have been brought under the LUAS Enactment." Amirudin added that a comprehensive water master plan is being developed to address all issues related to water supply in Selangor. He said the plan would serve as a guideline for managing drought and excess rainfall. "The plan is expected to be completed within a year and will cover aspects such as water storage, locations of retention ponds, and long-term flood control systems, with over 100 ponds identified across the state."
