JUDGMENT

Hashim Hamzah CJM:

Introduction

[1] This is an application for leave to commence a proceeding in the Federal Court pursuant to arts 4(3), 4(4) and 128(1) of the Federal Constitution, read together with r 30 of the Rules of the Federal Court 1995.

[2] Petroliam Nasional Berhad or PETRONAS ("the applicant") seeks, through this leave application, to initiate a proceeding against the State Government of Sarawak ("the 1st Respondent") and the Government of Malaysia ("the 2nd Respondent") by way of petition, to pray for the following declaratory orders, and I quote-

"(a) The Legislature of the State of Sarawak had acted beyond or outside its legislative competency or power to make laws when enacting, modifying, amending, revising, or otherwise making the following laws (or part of the laws) and related provisions, and therefore the laws (or part of the laws) and related provisions are invalid, void and unconstitutional:

(i) the Environment (Reduction of Greenhouse Gases Emission) Ordinance 2023; and

(ii) the Sarawak Land (Carbon Storage) Rules 2022;

(b) the Legislature of the State of Sarawak had acted beyond or outside its legislative competency or power to make laws when enacting, modifying, amending, revising, or otherwise making the following laws (or part of the laws) and related provisions, and therefore the laws (or part of the laws) and related provisions are invalid, void and unconstitutional:

(i) sections 7, 7A and 8 of the Sarawak Distribution of Gas Ordinance 2016 and related provisions, and to the extent that the Legislature of the State of Sarawak acted beyond or outside its legislative authority under the Borneo States (Legislative Powers) Order and the Notification of Exemption made under the Petroleum Development Act 1974 dated 11 March 1982 and amended on 25 May 2021, the said provisions (or part thereof) and related provisions are invalid, void and unconstitutional;