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.
window.googletag = window.googletag || {cmd: []};googletag.cmd.push(function() {googletag.defineSlot('/22826383987/dailyexpress_inline', [1, 1], 'gpt-passback').addService(googletag.pubads());googletag.enableServices();googletag.display('gpt-passback');});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.
