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Institutional and Legal Aspects of Water Resources Management In Sarawak

ByPeter Sawal & Justine Jok Jau

Natural Resources and Environment Board

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IntroductionNext to oxygen, water is the most important element in the biological function of all living ecosystem.Almost all ancient civilization and major religions has regarded water as sacred and essential to life.Every facet of modern civilization demanding more and more water- industrial processes, HEP, transportation and food production.Basically, water is essential for sustainable development.

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Global Challenge

“Lack of access to water for drinking, hygiene and food security inflicts enormous hardship on more than a billion members of human family – Water is likely to become a growing source of tension and fierce competition between nations, if present trends continue, but it can also be a catalyst for cooperation.”

United Nations Secretary General Kofi AnnanPress Release International Year of Freshwater 2003.

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Global Initiatives in Water Management

In 1977, the UN conference on water (Mar de Plata Declaration) declared 1981-1990 as the International Drinking Water supply and sanitation decade.Dublin and Rio Conference in 1992 calls for a more holistic approach to water mgtFurther reiterated at the Rio + 5 Summit in NY (1997) and later at the 5th and 6th sessions of UN Commission on Sustainable Development (UNCSD).This new and holistic approach to water management encompasses the need for:

Environmentally sound water management; Food security especially among the poor; appropriate

technology; Private sector involvement; Reduction of subsidies; decentralization of DM; User participation in services, reform of institutions and

regulatory frameworks; and costs recovery and pricing

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ASIA: ANNUAL RENEWABLE FRESHWATER AVAILABLE (ARFA) PER PERSON (1990)

Water Scarce

Countries

ARFA/Person(M3)

Water Stressed Countries

ARFA/Person(M3)

Water abundantCountries

ARFA/Person(M3)

Qatar 117 Oman 1,266 Lebanon 1,818

Bahrain 179 South Korea 1,452 Iran 2,025

Singapore 221 Syria 2,087

Saudi Arabia 306 China 2,427

UEA 308 India 2,464

Jordan 327 Sri Lanka 2,498

Yemen 445 North Korea 3,077

Israel 461 Pakistan 2,962

Japan 4,428

Philippines 5,173

Iraq 6,029

Indonesia 13,729

Bangladesh 20,733

Malaysia 25,488Myanmar 25,870

Cambodia 59,741

Bhutan 61,728

Laos 64,255

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Major issues affecting water sector in Malaysia

Water Resources Dev. PlanningHigh cost of water resources developmentCatchment developmentWater qualityFloodingWater use efficiency

Fragmented managementLegislation and EnforcementNational Water PolicyCost recovery pricingHRDR&D

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Water Management Initiatives in Malaysia

The World Water Council established a Commission

on water for 21st century to develop actions required

for tackling water issues globally and regionally.

In 1999, the Global Water Partnership (GWP)

together with Malaysian Water Partnership initiated a

National Consultative Meeting to undertake a water

sector mapping exercise for integrated water

resources management (IRWM) and to formulate a

Malaysian Vision for Water.

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Malaysian Vision for Water in the 21st Century

“In support of Vision 2020 (towards

achieving a developed nation status),

Malaysia will conserve and manage its

water resources to ensure adequate and

safe water for all (including the

environment)”

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Policies on Water Resources Management

Federal policy on water resources is outlined in the 5 Year Malaysia Plan.A National Water Resources Council was formed in 1998 to provide a forum for holistic approach for planning and management of water resources.A National Water Policy is being drafted to manage water resources efficiently and effectively, abate flood occurrence while protecting and restoring the environment through, inter alia:

emphasizes on integrated river-basin approach; the protection of catchments and reservoirs; and encourage state government to establish water

management bodies to ensure proper planning, monitoring, enforcement and management of water resource.

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Water Resources Management in Sarawak

At State level, there is still no policy on water resources.

The State, however, acknowledged the importance of effective and efficient conservation, management, distribution and use of water for the State’s progress towards achieving Vision 2020.

Before 1993, the State adopted the Water Supply Ordinance, 1959 to regulate water supply and any activities associated with water use.

At the 13th State Assembly sitting in Nov. 1994, the Deputy Chief Minister, YB George Chan in the second reading of Water Bill outlined following objectives:

To provide more effective measures to conserve, protect, develop and manage water resources and public water supply;

To provide for a reliable and effective system of water supply; and To extend safe drinking water supply schemes to as many as

possible, particularly to those in the rural areas who still do not have piped drinking water.

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Legal Requirement of Water Resources

Management

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State Legislations on Water Resources

Article 77 of the Constitution of Malaysia empowers the State to make laws with respect to any matter not enumerated in any of the Lists set out in the Ninth Schedule (e.g.Environment), (Fong, 1996)From 1993, the State enacted few other relevant ordinances to holistically protect, manage and develop water resources, which include:

Natural Resources and Environment (Amendment) Ordinance, 1993,

Sarawak Rivers Ordinance, 1993. Water Ordinance, 1994 Water Supply regulation, 1995

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Other relevant legislations

Land Code, 1958

Forest Ordinance, 1954

Federal Environmental Quality Act, 1972

Local Authority Ordinance, 1996

Sarawak Inland Fisheries Ordinance, 2003

Regulations, rules and by-laws based upon these legislations

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Water Ordinance, 1994

Replacing the Water Supply Ordinance, 1959 (Swk Cap. 141 and amended in 1972)Part III of the Ordinance empowers the State to regulate the conservation, protection and development of water resources in the State and the supply and distribution of water. Specifically, the ordinance include the provision for:

Declaring & gazetting identified water catchment areas Defining the limits & extent of water catchment areas Specifying prohibited activities within a water catchments

areas Compliance with provisions of NREO, rules and regulations Granting of license by State water authority for abstraction

of groundwater Restriction on impounding of water inland of water

catchment areas.

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Natural Resources and Environment (Amendment) Ordinance, 1993

Replacing the Natural Resources Ordinance, 1949 (Swk Cap.84 and amended in 1972 )Section 5(b) of the NREO empowers the State to take measures and determine, including the issuance of directives to prevent, abate or stop the pollution of waters in the rivers or those in catchment areas under the Water Ordinance, 1994.EIA approval is required for any prescribed activities under the NRE (Prescribed Activities) Order, 1997, including those activities which may pollute inland water or affect sources of water supply, require .

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Sarawak Rivers Ordinance 1993

Provisions for controlling and regulating river traffics, as well as protecting water quality of rivers, through: Protection and prevention of bank

erosions and shores; and Determine the mode and manner for

river cleanliness through efficient control of of pollutants or debris into rivers.

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Other State legislations

Forest Ordinance, 1954

Ensures the protection, conservation and management of catchment areas within the protected forest and forest reserves

Land Code, 1958

Section 4.7.1 stipulate that all rivers, streams, canals, creeks and water course and the bed thereof is and shall be vested solely in the GovernmentSection 4.7.2 empowers the State Planning to plan, regulate and control the development and use of all lands and building

Local Authority Ordinance, 1996

Empowering local authorities to make by-laws on sanitation and cleanliness, such as Local Authority (Cleanliness by-lay 1999); andEmpowering local authorities to persecute polluters of any streams, channel, public drains or other watercourse or pool, pond or tank.

Sarawak Inland Fisheries Ordinance, 2003

Prevention of usage of any poisonous liquid or explosive substance in riverine waters; andProvision for declaration of any riverine areas as a fisheries sanctuary to protect, preserve, manage, improve, enhance the natural breeding ground and to prevent or mitigate against harmful effects to natural habitats of any species or aquatic life.

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Legal Competencies of Water Quality Mgt in Sarawak

Mandate Duties

Goal setting SPA, SPU, SWRC, NREB, DOE, SRB, FD, LA, SWA, DA

DOE, NREB

Planning for Measures SPA, SWRC, SPU, NREB, DOE, SRB, FD, LA, SWA, DA

Implementation of measuresGeneral Rulemaking:

Individual approval/permitOrders

NREB, DOE, SRB,FD, LA, SWA/Minister, DASPA/L&S, NREB, DOE, SRB, FD, LA, SWA

LA, SRB

Compliance:InspectionEnforcement

NREB, DOE, LA, L&S, FD, SRB, SWRC,JKRNREB, DOE, LA, FD, SRB,

LA, SRBLA, SRB

Own operation NREB, SRB, LA, FD, DID, SWRC, JKR, WB SRB, LA

Other measuresIncentivesAwareness raising

NREB, DOE, SRB, FD

Monitoring and Reporting of SoE

NREB, DOE DOE

Coordination of Activities NREB, DOE, WC, LA, SWA NREB, DOE, LA, SWRC

Review of agency performance

NREB, SRB

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Institutional Arrangement of Water

Management in Malaysia

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Institutional Arrangement of Water Management in Malaysia

Water is a State matter, however, the responsibility of holistic planning and management entrusted to few State, Federal and water authorities- Refer to next slideIn 1998, Federal Government established the National Water Resources Council (NWRC).In 1999, Selangor enacted a legislation for the establishment of Selangor Water Management Authority (PUAS).Malaysia’s water problems, both current and future stem not from a shortage of water, but from inefficient and unsustainable use of its resources.

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Water Supply Authorities in Malaysia

State Public Work Dept Kedah, Perlis, Sarawak(except for Kuching, Sibu, Miri, Limbang and Bintulu)

State water Supply Dept Negeri Sembilan, Sabah, Pahang

State Water Supply Board

Malacca, Perak, Sarawak (Kuching & Sibu)

Corporatised Company Selangor & KL (PUAS), Trengganu, Penang, Sarawak (Miri, Bintulu, Limbang-LAKU)

Privatised Company Johore, Selangor/KL (WTPS)

Federal PWD HQ Federal Territory of Labuan

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Institutional Arrangement in Sarawak

Three Ministries deals, either directly or indirectly , namely:

Ministry of Planning and Resources Management Ministry of Infrastructure Development & Communication Ministry of Environment and Public Health Ministry of Finance and Public Utilities Ministry of Rural Development

The appointment of Assistant Minister for Environment & Assistant Minister to specifically look into matters related to water resources management underlined the State’s commitment towards sustainable natural resources management.

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Agencies/Bodies involved in water resources management and

development include:

State Water Authority (SFS)Sarawak Water Resources CouncilNREB, SRB,Public Work DepartmentLand and SurveyForest Department

Local AuthoritiesAgriculture DepartmentMineral and Geoscience Dept.DOE SarawakMedical DepartmentWater BoardsSESCO

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CM’S DEPARTMENT

Min. Planning & Res.Mgt

EXECUTIVELEGISLATIVE JUDICIARY

CHIEF MINISTER

Min. Env. & Public Health

Min. Infra. Dev& Comm.

State Governor

L&SFD

NREBSWRCMGS

SESCOSRB

Min.Finance & Utilities

Local Authority

Medical DeptDOE

Sarawak

State WaterAuthority

Water Boards

Framework of Water Management & Development in Sarawak

Min. Land &

Rural Dev.

DID

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Functions and Powers of NREB

Section 5(b) empowers the NREB to determine and to take measures as may be

considered necessary, including the issue of such direction or directive or order to any Environmental Authority or to any other person or body, to prevent, abate or stop the pollution of waters in the rivers or those in catchment areas within the jurisdiction of any water authority established under the Water Ordinance, 1994

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Functions of Sarawak Water Resources Council (SWRC)

Section 4 of the Ordinance provides the Council with the mandate to inter alia:

identify, conserve, develop, manage water resources; integrate water resources and land use planning and

management, advise the government to formulate policies with

reference to directions provided by the NREB; and collaborate with other agencies, bodies or persons to

conduct studies, investigations and research related to water resources.

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State Water Authority (SWA)

Section 11-15 and Section 18-38 of WO, 1994 empowers SWA to have general control and supervision of all water supply authorities and the management of all water resources and water

catchment areas in the State. For the purpose of protecting or conserving water resources, SWA can make written application to the NREB for its agreement to declare an areas as a water catchment areas.

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Conclusion and Recommendations

To sustainably manage water resources, there is a need to adopt a holistic and an integrated management approaches The following strategies and action plans need serious consideration:

Development of Policy and legislation Promote integrated and river basin approaches Review and adjust existing laws and regulations for better

protection of water sources, promote an regulate alternative sources

Institutional strengthening Strengthening state water resources council and authorities

River Basin Management Adopting guidelines on integrated wetland conservation Ramsar Coservation

Protection and rehabilitation of water resources Gazettement of water catchment areas for protection of

water resources

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Conclusion and Recommendations

Development of new water resources Option to integrate rainwater harvesting with urban

stormwater Underground water resources

Water supply management Distribution of water to various sector like agriculture

Water demand management Enhancing efficiency at lower costs Recycling and re-use of water, esp. industrial users

Assessment and monitoring Monitoring of water quality in river and water catchments Studies and assessment for better planning and

sustainable management of water resourcesPublic awareness and participation

Government and NGO’s need to work in partnership to enhance public awareness and facilitate stakeholders involvement in protection of water sources and conservation

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Thank you