1 Institutional and Legal Aspects of Water Resources Management In Sarawak By Peter Sawal & Justine Jok Jau Natural Resources and Environment Board

2 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.

3 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.

4 Global Initiatives in Water Management In 1977, the UN conference on water (Mar de Plata Declaration) declared 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 5 th and 6 th 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

5 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 Malaysia25,488 Myanmar 25,870 Cambodia 59,741 Bhutan 61,728 Laos 64,255

6 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

7 Water Management Initiatives in Malaysia The World Water Council established a Commission on water for 21 st 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.

8 Malaysian Vision for Water in the 21 st 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)”

9 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.

10 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 Before 1993, the State adopted the Water Supply Ordinance, 1959 to regulate water supply and any activities associated with water use. At the 13 th 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.

11 Legal Requirement of Water Resources Management

12 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, Water Ordinance, 1994 Water Supply regulation, 1995

13 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

14 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.

15 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, 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.

16 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.

17 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 stipulate that all rivers, streams, canals, creeks and water course and the bed thereof is and shall be vested solely in the Government Section 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); 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.

18 Legal Competencies of Water Quality Mgt in Sarawak MandateDuties 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 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 Compliance: Inspection Enforcement NREB, DOE, LA, L&S, FD, SRB, SWRC,JKR NREB, DOE, LA, FD, SRB, LA, SRB Own operation NREB, SRB, LA, FD, DID, SWRC, JKR, WBSRB, LA Other measures Incentives Awareness raising NREB, DOE, SRB, FD Monitoring and Reporting of SoE NREB, DOEDOE Coordination of Activities NREB, DOE, WC, LA, SWANREB, DOE, LA, SWRC Review of agency performance NREB, SRB

19 Institutional Arrangement of Water Management in Malaysia

20 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.

21 Water Supply Authorities in Malaysia State Public Work DeptKedah, Perlis, Sarawak (except for Kuching, Sibu, Miri, Limbang and Bintulu) State water Supply DeptNegeri Sembilan, Sabah, Pahang State Water Supply BoardMalacca, Perak, Sarawak (Kuching & Sibu) Corporatised CompanySelangor & KL (PUAS), Trengganu, Penang, Sarawak (Miri, Bintulu, Limbang- LAKU) Privatised CompanyJohore, Selangor/KL (WTP S ) Federal PWD HQFederal Territory of Labuan

22 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.

23 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

24 CM’S DEPARTMENT Min. Planning & Res.Mgt EXECUTIVELEGISLATIVEJUDICIARY CHIEF MINISTER Min. Env. & Public Health Min. Infra. Dev & Comm. State Governor L&S FD NREB SWRC MGS SESCO SRB Min.Finance & Utilities Local Authority Medical Dept DOE Sarawak State Water Authority Water Boards Framework of Water Management & Development in Sarawak Min. Land & Rural Dev. DID

25 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

26 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.

27 State Water Authority (SWA) Section and Section 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.

28 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

29 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 resources Public 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

30 Thank you