Transcript Institutional and Legal Aspects of Water Resources Management

Institutional and Legal Aspects of Water
Resources Management In Sarawak
By
Peter Sawal & Justine Jok Jau
Natural Resources and Environment Board
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Introduction
Next 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 Annan
Press 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 mgt
Further 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:
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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 abundant
Countries
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
25,488
Myanmar
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.
Planning
High cost of water
resources development
Catchment development
Water quality
Flooding
Water use efficiency
Fragmented management
Legislation and
Enforcement
National Water Policy
Cost recovery pricing
HRD
R&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:
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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:
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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:
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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:
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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:
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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
Local Authority
Ordinance, 1996
Empowering local authorities to make by-laws on sanitation and
cleanliness, such as Local Authority (Cleanliness by-lay 1999);
and
Empowering 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; and
Provision 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.
water course and the bed thereof is and shall be vested solely in
the Government
Section 4.7.2 empowers the State Planning to plan, regulate and
control the development and use of all lands and building
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Legal Competencies of Water Quality Mgt in Sarawak
Mandate
Goal setting
SPA, SPU, SWRC, NREB, DOE, SRB, FD, LA, SWA, DA
Planning for Measures
SPA, SWRC, SPU, NREB, DOE, SRB, FD, LA, SWA, DA
Duties
DOE, NREB
Implementation of measures
General Rulemaking:
Individual approval/permit
Orders
NREB, DOE, SRB,FD, LA, SWA/Minister, DA
SPA/L&S, NREB, DOE, SRB, FD, LA, SWA
LA, SRB
NREB, DOE, LA, L&S, FD, SRB, SWRC,JKR
NREB, DOE, LA, FD, SRB,
LA, SRB
LA, SRB
Own operation
NREB, SRB, LA, FD, DID, SWRC, JKR, WB
SRB, LA
Other measures
NREB, DOE, SRB, FD
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Compliance:
Inspection
Enforcement
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Incentives
Awareness raising
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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 slide
In 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,
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-
Sibu, Miri, Limbang and Bintulu)
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:
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Ministry
Ministry
Ministry
Ministry
Ministry
of
of
of
of
of
Planning and Resources Management
Infrastructure Development & Communication
Environment and Public Health
Finance and Public Utilities
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
Council
NREB,
SRB,
Public Work Department
Land and Survey
Forest Department
Local Authorities
Agriculture Department
Mineral and Geoscience
Dept.
DOE Sarawak
Medical Department
Water Boards
SESCO
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Framework of Water Management & Development in Sarawak
State Governor
LEGISLATIVE
EXECUTIVE
JUDICIARY
CHIEF MINISTER
CM’S DEPARTMENT
Min. Planning
& Res.Mgt
Min.Finance
& Utilities
Min. Infra. Dev
& Comm.
Min. Env. &
Public Health
Min. Land &
Rural Dev.
L&S
FD
NREB
SWRC
MGS
State Water
Authority
Water Boards
SESCO
SRB
Local Authority
Medical Dept
DOE Sarawak
DID
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Functions and Powers of NREB
Section 5(b) empowers the NREB to
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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:
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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:
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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
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Institutional strengthening
 Strengthening state water resources council and authorities
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River Basin Management
 Adopting guidelines on integrated wetland conservation
 Ramsar Coservation
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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
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Option to integrate rainwater harvesting with urban
stormwater
Underground water resources
Water supply management
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Distribution of water to various sector like agriculture
Water demand management
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Enhancing efficiency at lower costs
Recycling and re-use of water, esp. industrial users
Assessment and monitoring
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Monitoring of water quality in river and water catchments
Studies and assessment for better planning and sustainable
management of water resources
Public awareness and participation
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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
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