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Sabah adopts ADR clause to smoothen contract disputes
Sabah adopts ADR clause to smoothen contract disputes

Daily Express

time6 days ago

  • Business
  • Daily Express

Sabah adopts ADR clause to smoothen contract disputes

Published on: Thursday, July 24, 2025 Published on: Thu, Jul 24, 2025 Text Size: Abidin (left) receives a memento from Bicam Chairman Tan Sri David Wong Dak Wah. - Pic by CMD KOTA KINABALU: The State Government is formalising the use of dispute resolution frameworks, including Alternative Dispute Resolution (ADR), in all its contracts and development-related agreements. Chief Minister Datuk Seri Hajiji Noor said the State Attorney-General's Chambers has advised the adoption of the Borneo International Centre for Arbitration and Mediation (Bicam) model clause to help ensure projects proceed smoothly in the event of disagreements. Encouraging mediation as a first step, he said this approach can help government-linked companies and statutory bodies avoid delays while maintaining productive relationships. Hajiji made these remarks in a speech delivered by Assistant Minister to the Chief Minister, Datuk Abidin Madingkir, at the Bicam Global ADR Horizons 2025 conference here on Thursday. Hajiji added that with Sabah's growing role in regional trade and investment, the presence of an international-standard ADR centre like Bicam signals the State's commitment to upholding contract integrity and fostering investor confidence. * 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

Ranau folks glad for approval of new settlement
Ranau folks glad for approval of new settlement

Daily Express

time22-07-2025

  • Politics
  • Daily Express

Ranau folks glad for approval of new settlement

Published on: Tuesday, July 22, 2025 Published on: Tue, Jul 22, 2025 By: Clarence Dol Text Size: Abidin and others during the groundbreaking ceremony of the new settlement for the Kg Kimarahang residents. RANAU: Dozens of residents of Kg Kimarahang here breathed a sigh of relief after receiving the green light for the establishment of a new settlement in an agricultural land. The villagers' original housing area was involved in the Pan Borneo Highway project. Assistant Minister to the Chief Minister-cum-Paginatan Assemblyman, Datuk Abidin Madingkir, had officiated the new housing area. 'We are grateful that the Department of Agriculture finally allowed the residents affected by the Pan Borneo Highway to build houses in Kg Tampios. 'This land had been gazetted specifically to help the residents of Kg Kimarahang. Although the gazettement is conditional, this shows that the Government is serious about solving the people's problems. 'As your people's representative, it is my responsibility to listen and act to solve your problems, especially in the Paginatan DUN,' Abidin said when officiating at the groundbreaking ceremony at the Sungai Liwagu riverside, Kg Tampios. Meanwhile, Native Chief (KAN) Dualis Porodtong also shed light on the background of the land area identified as a new settlement site for the affected residents. He said the area, which is approximately three acres, was an Agricultural Station that operated in the 1980s but had been neglected of late. 'There was an effort by the village, through the Chairman of the JKKK Kg Tampios, to apply for this area to be made into a village reserve land. However, the application did not receive approval from the Agriculture Department and Ranau Land Department. 'Finally, with the help of our Datuk Abidin Madingkir, the land was gazetted as a temporary settlement for the residents of Kg Kimarahang who lost their village land because it was included in the Pan Borneo Highway Project. 'With the gazettement, 19 families can breathe a sigh of relief because they now have a land to build new houses,' he said. Village Head Nursakila Abdullah expressed her appreciation to Abidin for his efforts in obtaining the Agricultural Land Area as a new settlement site. A representative of the residents, Bansun Igam, also expressed his gratitude to Abidin for his efforts to realise the residents' dream of getting a new housing site. 'It has at least solved our problem of getting a new housing site. Although the area was gazetted as temporary, we are grateful to have received it, especially for those of us who do not have private land. 'However, we are requesting assistance from Datuk to donate zinc roofs so we can start building our house,' he said. Bansun called on all residents of Kg Kimarahang and Kg Tampios to give their unwavering support to the Assemblyman. Meanwhile, on the zinc roof and tank requests, Abidin said he will submit the applications to the Pan Borneo contractors and hoped they can help through their CSR programme. In the ceremony, he also officiated the Kg Tampios hall's mini kitchen. Also present were ADO Florencia Padasian, PPM Hishamudin Harun, Datuk Abidin Madingkir's Special Officer, Juis Konsuling, CDO Jipili Sigal, Head of Wiranita Star Paginatan, Siti Nurjana Abas, Head of Wiramuda Star Paginatan, Hillary Salmoen and surrounding village leaders. * 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

Continental shelf part of Sabah territory
Continental shelf part of Sabah territory

Daily Express

time10-07-2025

  • 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

Safeguarding carbon sink status: State Assembly passes the Climate Change and Carbon Governance Enactment 2025
Safeguarding carbon sink status: State Assembly passes the Climate Change and Carbon Governance Enactment 2025

Daily Express

time08-07-2025

  • Business
  • Daily Express

Safeguarding carbon sink status: State Assembly passes the Climate Change and Carbon Governance Enactment 2025

Published on: Wednesday, July 09, 2025 Published on: Wed, Jul 09, 2025 By: Larry Ralon Text Size: 'Governments and industries around the world are investing billions to shift towards greener economies. Sabah already has this natural advantage. The challenge now is how to use it wisely – and not lose it,' Abidin said. Kota Kinabalu: The State Legislative Assembly on Tuesday passed the Climate Change and Carbon Governance Enactment 2025, positioning the State as a leader in environmental stewardship and climate resilience in Malaysia. Assistant Minister to the Chief Minister Datuk Abidin Madingkir said the Bill was a crucial step to protect and leverage Sabah's rare status as a net carbon sink – one of the few jurisdictions in the world to absorb more carbon than it emits. 'In 2024, Sabah conducted its first comprehensive Greenhouse Gas (GHG) Inventory. Although there are still data gaps to refine, the findings are striking – we absorb more carbon than we release,' he said when tabling the Bill, Tuesday. Abidin revealed that Sabah alone contributes approximately 36 per cent of Malaysia's total carbon sequestration. 'This means Sabah has already gone beyond what the world is asking for under the Paris Agreement. We have already done our part – today – for Malaysia's 2050 net zero commitment,' he added. Describing the net sink status as a 'strategic economic asset', Abidin stressed the importance of safeguarding it through sound policy and governance. 'Governments and industries around the world are investing billions to shift towards greener economies. Sabah already has this natural advantage. The challenge now is how to use it wisely – and not lose it,' he said. He warned that failure to act responsibly could cause the State to forfeit its environmental edge and fall into the same carbon-intensive trap as many others. At the same time, Abidin said Sabah faces increasing threats as one of the most climate-vulnerable regions in Malaysia. 'We are seeing the effects through worsening floods, coastal erosion and the changing livelihoods of our rural communities. These dual realities demand both vision and urgency,' he said. The Bill aims to develop comprehensive systems for carbon governance, resilience-building and inclusive climate action – with the ultimate goal of ensuring that benefits reach all Sabahans. 'We want this unique position to not only serve global climate progress, but to improve the daily lives of our people,' he said. He emphasised that achieving this would require 'capacity, investment and partnership', with active collaboration across local, national and international stakeholders, including the Federal Government. 'Our approach will be constructive, inclusive and grounded in what makes Sabah truly exceptional,' said Abidin. Abidin said the State had already taken early steps by establishing the Sabah Climate Action Council (SCAC) as the State's advisory body on climate policy. The newly passed Bill formalises and strengthens this role through a two-tier governance structure – with SCAC as the policy authority and a Director overseeing implementation and regulation of carbon activities and GHG emissions. The Enactment also asserts that all carbon rights within Sabah belong to the State Government, positioning SCAC as the central one-stop agency for all carbon-related matters. Abidin said this institutional framework adopts a top-down approach to ensure climate governance is mainstreamed into the entire State administration, including ministries and departments, while also aligning policies across all economic sectors to strengthen institutional capacity and long-term resilience. He said the Enactment reflects Sabah's determination to build its own robust and transparent climate governance system, aligned with national and international developments. Carbon assets will be used through regulated carbon projects, supported by a strong carbon accounting mechanism to steer the State's development goals. This strategy will promote economic growth – including emission balancing efforts – while protecting the competitiveness of key economic sectors, especially in job creation and support for vulnerable communities. Abidin said environmental matters are not explicitly listed under the Ninth Schedule of the Federal Constitution and, under Article 77, fall under State jurisdiction. Furthermore, issues concerning land, forests and water are on the State List (List II), giving Sabah clear justification to enact its own climate and carbon governance laws. By asserting full ownership of carbon rights, the State Government can safeguard Sabah's interests and ensure the benefits of carbon-related initiatives are returned to the people. Without clear regulation at the State level, these interests risk being exploited without fair returns. Through registration and clear carbon rights recognition by the State, all authorised carbon activities can be monitored and their benefits channelled into sustainable development and ecosystem protection. 'This is essential to maintaining State sovereignty and ensuring that all carbon-related activities are transparently and centrally governed,' he said. The Enactment also places strong emphasis on indigenous community participation, particularly for carbon activities proposed on Native Customary Land under the Land Ordinance. 'Any such activity must involve meaningful consultation with the relevant communities or their appointed representatives. This ensures indigenous people play an active role in carbon initiatives while preserving their rights, heritage and identity,' he said. In addition, the law introduces mandatory GHG emissions reporting by entities specified in the Enactment. Abidin said this is crucial to ensuring Sabah has comprehensive, up-to-date and verifiable data on the environmental impact of its economic activities. Accurate data will enable the State Government to shape better policies, implement effective mitigation and adaptation strategies, and elevate Sabah's credibility in global climate governance. The Bill consists of 11 parts. The first addresses preliminary matters including the title, commencement, and legal consistency. The second establishes SCAC as the apex body for climate governance, chaired by the State Secretary and comprised key ministry representatives and appointed experts. The third part creates the Sabah Climate Registry and Inventory Centre, a technical and administrative body managing climate data, carbon rights and a Measurement, Reporting and Verification (MRV) system aligned with national and global mechanisms. Part four sets up the Sabah Climate Fund, managed by the Centre's Director, to support climate projects, capacity development and administrative needs. Part five mandates the involvement of indigenous communities in proposed carbon activities on native customary land, including direct engagement, benefit sharing and, if needed, community development elements – all subject to approval. Part six sets the legal framework for carbon activities, including recognition, registration and ownership of carbon rights, while prohibiting unregistered claims. Part seven governs carbon credits, stating only registered rights holders may generate them. It also introduces levies on transactions and annual royalties for credits produced in Sabah. Part eight mandates GHG emissions reporting and introduces a State carbon budget – a cap on cumulative net emissions – along with requirements for sectoral reporting, emissions balancing and Council-led mitigation and adaptation planning. Part nine covers enforcement, while Part ten addresses general provisions. Abidin said the Bill was drafted through extensive stakeholder engagement to ensure that its implementation will meet policy objectives effectively. Its core mission is to establish a credible, transparent climate and carbon governance system that safeguards State sovereignty, protects indigenous rights and builds Sabah's long-term climate resilience. * 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

Sabah passes landmark Climate Change and Carbon Governance Enactment 2025
Sabah passes landmark Climate Change and Carbon Governance Enactment 2025

Borneo Post

time08-07-2025

  • Politics
  • Borneo Post

Sabah passes landmark Climate Change and Carbon Governance Enactment 2025

Abidin KOTA KINABALU (July 8): The Sabah State Legislative Assembly on Tuesday passed the Sabah Climate Change and Carbon Governance Enactment 2025, marking a major milestone in the state's efforts to address climate change and regulate carbon-related activities. Assistant Minister to the Chief Minister, Datuk Abidin Madingkir, who presented the Bill, said Sabah is already experiencing the serious impacts of climate change, including rising temperatures, erratic weather, floods and droughts. 'These are no longer predictions of the future — they are unfolding before our very eyes,' said Abidin. In response to this reality, the Sabah Government has established the Sabah Climate Action Council (SCAC), which will serve as the state's top policy advisory body on climate issues. The new law reinforces SCAC's role and introduces a two-tier governance structure: the SCAC will function as the policy-making body, while a director will oversee carbon-related activities and greenhouse gas (GHG) emissions. All carbon rights are vested in the State Government, positioning the SCAC as the central authority for all carbon matters. 'This ensures that the benefits and revenues from carbon interests are returned to the people and the state,' said Abidin. The legislation adopts a top-down governance model, integrating climate priorities across all ministries and departments and aligning with national and international frameworks. Carbon assets will be leveraged to support economic growth while protecting employment and the welfare of vulnerable communities. Abidin emphasized that environmental matters fall under the residual powers of the state as per Article 77 of the Federal Constitution. He further noted that land, forests and water are under the State List (List II), providing legal justification for the enactment. The Bill also emphasizes protecting the rights and involvement of indigenous communities, particularly in carbon activities conducted on native customary land. Any such proposals must involve direct consultation and offer appropriate benefits to the affected communities. Beyond carbon activities, the Enactment mandates GHG emissions reporting by entities named under the law. This data is crucial for informed climate policy and planning, and it strengthens Sabah's reputation in climate governance. Abidin revealed that in 2024, Sabah completed its first Greenhouse Gas Inventory, showing that the state is a net carbon sink — absorbing more carbon than it emits. Sabah is estimated to contribute 36% of Malaysia's total carbon absorption, a status that offers strategic economic advantages amid the global push for carbon neutrality. 'This rare and valuable position must be safeguarded. If we become complacent, we risk losing this status and the associated benefits,' he warned. He also highlighted the state's climate vulnerabilities, including more frequent floods and coastal erosion, and stressed the need for urgent and strategic action. The Enactment includes 11 key parts: 1. Part I – Preliminary provisions including title and commencement; 2. Part II – Establishment of the SCAC as the highest state climate governance body; 3. Part III – Creation of the Sabah Climate Registry and Inventory Centre to manage data and carbon rights; 4. Part IV – Establishment of the Sabah Climate Fund for climate projects and administrative support; 5. Part V – Procedures for community consultation and benefit-sharing for carbon projects on customary land; 6. Part VI – Requirements and regulations for recognising and registering carbon activities; 7. Part VII – Regulations on carbon credits, levies and royalties; 8. Part VIII – Mandatory GHG emissions reporting and preparation of the state carbon budget; 9. Part IX – Enforcement provisions; 10. Part X – General provisions.

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