The dilemma of petroleum rights and ownership in Malaysia: Federal vs. State

This paper examines the concept of federalism in the oil and gas industry in Malaysia. Malaysia has the world’s 23rd largest crude oil reserves and 14th largest natural gas reserves. The petroleum industry is one of the 12 National Key Economic Areas (“NKEAs”) to enhance national growth under the...

Full description

Bibliographic Details
Main Author:	Wan Zahari, Wan Mohd Zulhafiz
Format:	Conference or Workshop Item
Language:	English English English
Published:	2019
Subjects:	K Law (General) KPG Malaysia
Online Access:	http://irep.iium.edu.my/75058/ http://irep.iium.edu.my/75058/2/16th%20Asli%202019%20Abstract.pdf http://irep.iium.edu.my/75058/3/Letter%20of%20Invite%20-%20Dr%20Wan%20M.%20Zulhafiz%202019.pdf http://irep.iium.edu.my/75058/14/75058%20The%20Dilemma%20of%20Petroleum%20Rights.pdf

id	iium-75058
recordtype	eprints
spelling	iium-750582019-11-06T00:25:58Z http://irep.iium.edu.my/75058/ The dilemma of petroleum rights and ownership in Malaysia: Federal vs. State Wan Zahari, Wan Mohd Zulhafiz K Law (General) KPG Malaysia This paper examines the concept of federalism in the oil and gas industry in Malaysia. Malaysia has the world’s 23rd largest crude oil reserves and 14th largest natural gas reserves. The petroleum industry is one of the 12 National Key Economic Areas (“NKEAs”) to enhance national growth under the Malaysia’s Economic Transformation Programme (“ETP”). Due to its economic significance, the petroleum industry was given priority by the Government of Malaysia. The development of the oil and gas industry in Malaysia can be divided into two stages i.e. the period before 1974 and after 1974. Prior to 1974, the ownership of hydrocarbon resources was placed under the jurisdiction of the respective 13 states forming part of Malaysia. In 1974, Petroleum Development Act (PDA) was passed by the Parliament of Malaysia. Pursuant to the PDA, a national oil company been established in the form of public listed company which is called Petroliam Nasional Berhad (PETRONAS). The national oil company was granted the entire ownership, and the exclusive rights, powers, liberties, and privileges of exploring, winning and obtaining petroleum onshore and offshore Malaysia. Each state permanently conferred its ownership, rights, powers, liberties, and privileges in the petroleum by executing the vesting instrument specified in the PDA. This paper examines the rights of ownership of the Federation and the various States of Malaysia with regards to the hydrocarbon resources at the time of the formation of the Federation of Malaysia, and the gradual changes in the ownership of the hydrocarbon resources from the States to the absolute ownership of the Federal Government in 1974. Furthermore, this paper examines the legislation regulating petroleum resources and the role of the States and Federation in the oil and gas industry prior to 1974 and after the enactment of the PDA. 2019 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/75058/2/16th%20Asli%202019%20Abstract.pdf application/pdf en http://irep.iium.edu.my/75058/3/Letter%20of%20Invite%20-%20Dr%20Wan%20M.%20Zulhafiz%202019.pdf application/pdf en http://irep.iium.edu.my/75058/14/75058%20The%20Dilemma%20of%20Petroleum%20Rights.pdf Wan Zahari, Wan Mohd Zulhafiz (2019) The dilemma of petroleum rights and ownership in Malaysia: Federal vs. State. In: 16th Asian Law Institute (ASLI) Conference 2019, 11th-12th JUne 2019, Singapore. (Unpublished)
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English English
topic	K Law (General) KPG Malaysia
spellingShingle	K Law (General) KPG Malaysia Wan Zahari, Wan Mohd Zulhafiz The dilemma of petroleum rights and ownership in Malaysia: Federal vs. State
description	This paper examines the concept of federalism in the oil and gas industry in Malaysia. Malaysia has the world’s 23rd largest crude oil reserves and 14th largest natural gas reserves. The petroleum industry is one of the 12 National Key Economic Areas (“NKEAs”) to enhance national growth under the Malaysia’s Economic Transformation Programme (“ETP”). Due to its economic significance, the petroleum industry was given priority by the Government of Malaysia. The development of the oil and gas industry in Malaysia can be divided into two stages i.e. the period before 1974 and after 1974. Prior to 1974, the ownership of hydrocarbon resources was placed under the jurisdiction of the respective 13 states forming part of Malaysia. In 1974, Petroleum Development Act (PDA) was passed by the Parliament of Malaysia. Pursuant to the PDA, a national oil company been established in the form of public listed company which is called Petroliam Nasional Berhad (PETRONAS). The national oil company was granted the entire ownership, and the exclusive rights, powers, liberties, and privileges of exploring, winning and obtaining petroleum onshore and offshore Malaysia. Each state permanently conferred its ownership, rights, powers, liberties, and privileges in the petroleum by executing the vesting instrument specified in the PDA. This paper examines the rights of ownership of the Federation and the various States of Malaysia with regards to the hydrocarbon resources at the time of the formation of the Federation of Malaysia, and the gradual changes in the ownership of the hydrocarbon resources from the States to the absolute ownership of the Federal Government in 1974. Furthermore, this paper examines the legislation regulating petroleum resources and the role of the States and Federation in the oil and gas industry prior to 1974 and after the enactment of the PDA.
format	Conference or Workshop Item
author	Wan Zahari, Wan Mohd Zulhafiz
author_facet	Wan Zahari, Wan Mohd Zulhafiz
author_sort	Wan Zahari, Wan Mohd Zulhafiz
title	The dilemma of petroleum rights and ownership in Malaysia: Federal vs. State
title_short	The dilemma of petroleum rights and ownership in Malaysia: Federal vs. State
title_full	The dilemma of petroleum rights and ownership in Malaysia: Federal vs. State
title_fullStr	The dilemma of petroleum rights and ownership in Malaysia: Federal vs. State
title_full_unstemmed	The dilemma of petroleum rights and ownership in Malaysia: Federal vs. State
title_sort	dilemma of petroleum rights and ownership in malaysia: federal vs. state
publishDate	2019
url	http://irep.iium.edu.my/75058/ http://irep.iium.edu.my/75058/2/16th%20Asli%202019%20Abstract.pdf http://irep.iium.edu.my/75058/3/Letter%20of%20Invite%20-%20Dr%20Wan%20M.%20Zulhafiz%202019.pdf http://irep.iium.edu.my/75058/14/75058%20The%20Dilemma%20of%20Petroleum%20Rights.pdf
first_indexed	2023-09-18T21:46:13Z
last_indexed	2023-09-18T21:46:13Z
_version_	1777413467433598976

The dilemma of petroleum rights and ownership in Malaysia: Federal vs. State

Similar Items