LEGAL EFFECTS OF COMPULSORY RAINWATER HARVESTING IN MALAYSIA

PROF. DR MOHD SHAHWAHID H.O.DR. SUHAIMI A.R.RASYIKAH M.K.FARAH M.S.

IN COLLABORATION WITHNATIONAL HYDRAULIC RESEARCH INSTITUTE OF MALAYSIA (NAHRIM)

RELATED AUTHORITIES IN RWH IMPLEMENTATION IN MALAYSIA

Ministry of Housing and Local GovernmentDepartment of Local GovernmentTown Country Planning DepartmentMinistry of Natural Resources and EnvironmentDepartment of EnvironmentDepartment of Drainage and Irrigation National Hydraulics Research Institute of MalaysiaMinistry of Energy, Green Technology and WaterMinistry of Health

UNIFORM BUILDING BY-LAWS 1984

Part II: Submission of Plans for Approval -10(1) UBBL states that all plans in respect of any building shall contain the listed items (e.g. Site plan, floor plan)- RWH system can be included as one of the required item.

UNIFORM BUILDING BY-LAWS 1984

Part V: Structural Requirements-If RWH is included, certain requirements need to be formulated to ensure that the system is materially and structurally sound.-References to be made to the Guideline for Installing a Rainwater Collection and Utilization System 1999 (under review) and the Rainwater Utilization Technology Handbook (DID).

UNIFORM BUILDING BY-LAWS 1984

Part VI: Constructional Requirements-System installation: especially important for underground excavation to install underwater tanks. -References to be made to the Guideline for Installing a Rainwater Collection and Utilization System 1999 (under review) and the Rainwater Utilization Technology Handbook (DID).

TOWN AND COUNTRY PLANNING ACT 1976 (TCPA)

Part IIB S. 6B (3) TCPA: National Physical Plan- the DG of TCPD shall consider National Urbanization Policy in preparing the draft NPP - 2006: NUP 18(v): use of MASMA for flood mitigation- NUP 18(vi): increase efficiency in water management through alternative and conventional water resources (RWH)

TOWN AND COUNTRY PLANNING ACT 1976 (TCPA)

S. 21(1) TCPA: All application for planning permission in respect of a development shall be made to the local planning authority for planning approval. Hence include the construction of RWH system in the overall layout plan

TOWN AND COUNTRY PLANNING ACT 1976 (TCPA)

S. 21(3) TCPA: In determining the application to install RWH, the local planning authority has the power to impose relevant directions and conditions that are crucial to safeguard the environmental health and safety of the area. This is useful to combat mosquito issue and other environmental matters.

TOWN AND COUNTRY PLANNING ACT 1976 (TCPA)

S. 21A TCPA: compulsory submission of development impact proposal reports which evaluate the impact of proposed development over vegetation, geology and drainage in the area once underground RWH tank is installed.

ENVIRONMENTAL QUALITY ACT 1974

Water pollution in RWH?S. 2: definition of inland waters (reservoir, pond, lake, river, etc)S. 25: restrictions on pollution of inland waters

DESTRUCTION OF DISEASE-BEARING INSECTS ACT 1975

Amendment 2001: Heavier penalties up to RM50000 for big offenders (housing developers and factory owners)Mosquito breeding in rainwater gutters?

STREET, DRAINAGE AND BUILDING ACT 1974(SDBA)

S. 50 SDBA: The local authority is responsible in constructing and maintaining drains and water-courses, and this includes surface and storm water drains, culverts, and gutters. RWH can be used to implement this.

STREET, DRAINAGE AND BUILDING ACT 1974(SDBA)

S. 52(1) SDBA: Development in hilly area with preservation of natural topography/ water stream -use of surface or storm water drains, culvert, gutters and water-courses to carry off waters other than sewage-underground RW tank: storm water that usually flows down the hill can be retained (good method in preventing further erosion at the hill slope, hence preventing landslide).

LOCAL GOVERNMENT ACT 1976 (LGA)

Part XIII: local authority has the general power to make by-laws to maintain the health, safety and well-being of the public. However, there is no related provision to RWH for matters under Part XIII.

LOCAL GOVERNMENT ACT 1976 (LGA)

-If RWH included in UBBL, local authority will need a new provision to make rules regarding RWU in their localities.-Local authority will also need to supervise RWU installed in their area. They may prescribe fees and charges as allowed under S.102A Part XIII

INCENTIVES AND PROMOTIONS: SUBSIDIES

-Generate interest and affordability among consumers since cost of RWH higher than piped water-Australia and Japan.-Study of rate and amount- financial burden government/ tax payer-Provisions on subsidies must be included in relevant legislations-Amount, terms and conditions to be determined by the local authorities

INCENTIVES AND PROMOTIONS: TAX REBATE

-To encourage participation from stakeholders-Texas: Sales/ Property Tax Exemption-United Kingdom: Enhanced Capital Allowance-India: Property Tax Redemption-No need for a new legislation (Declaration in Tax Form)

CONCLUSIONS

- From the legal perspective, RWH under UBBL would secure implementation of RWH policy, but may affect related legislations- Recommended that compulsory RWH to be introduced initially on a small scale/ large buildings- Compulsory RWU would also require both economic incentives and awareness of the general public.

THANK YOU

RASYIKAH MD KHALIDFACULTY OF LAW,

UNIVERSITY TECHNOLOGY MARA,SHAH ALAM 40450 MALAYSIA

rasyikah511@salam.uitm.edu.mykmr572000@yahoo.com