slide 1 department of irrigation and drainage institutional and legal aspect of water resources...

Department of Irrigation and Drainage

Institutional and Legal Aspect of Water Resources Management

in Sabah

Yap Siew Fah & Miklin AtiongDepartment of Irrigation and Drainage Sabah

http://www.did.sabah.gov.my

33rdrd Sarawak-Sabah Environmental Convention 2004 Sarawak-Sabah Environmental Convention 2004Mega Hotel, Miri

5th-7th October 2004


Presentation Outline

Introduction

Water Resources Management Institution

Legal Instruments for the Management Activities Related to Water Resources

Other Legislations related to Water Resources Management

Conclusion


Introduction Water Resources Management in Sabah is governed

by a water resources law Sabah Water Resources Enactment (1998)

– Enacted in 1998

– Enforced in 2000 The law provide :

– Water Resources Institutions

– Legal Instrument for Management of activities related to Water Resources


Water Resources Institutions

The enactment provide for the establishment of the Institutions Minister Council Director Catchment Management Committee


Water Resources Institutions The Minister

Minister responsible for water resources Currently is the Chief Minister as a minister responsible

for natural resources in the state

Minister

Water Resources Council Water Resources Director

Catchment Management Committee District Water Resources

Manager

Water Resources Management Section

District Technical Taskforce

District Catchment Management Committee



Water Resources Council Functions Membership Appointment by the Yang di-Pertua Negeri

Minister



Manager






Water Resources Director Functions Appointment by the Minister from amongst

members of the State public service Assisted by other officers appointed by the

Minister from amongst the members of the State public services

Currently assumed by the Director of DID Sabah as recommended in the Sabah Water Resources Master Plan pending formal appointment.

A Water Resources Management Section at State level has been established in DID to assist the Director



• Water Resources Director (con’t)

Minister



Manager






Catchment Management Committee Established by the Water Resources Council

Currently District Catchment Management Committee were established under the administration of district office headed by the District Officer

Members of the DCMC comprises of relevant public authorities and key stakeholders

DID district head who assumed the district water resources manager role is also the secretary to the DCMC

The DCMC is technically supported by a District Technical Taskforce headed by the District Water Resources Manager



Catchment Management Committee (con’t)

Minister



Manager





Management of Related WR Activities

Management of Water Activities

Management of Catchment/Land Activities

Management of Activities In and On Water Bodies


1. Management of Water Activities

Rights to water Government has the right to the use and flow

and to control of the water Private rights to water

Land owner/occupier can exercise a private right to take, use and control groundwater under the land and directly from a water body, where the land has frontage to a water body

Works on the right conferred does not• Cause significant obstruction to or diversion of

the flow of water• Store more than 1 megalitre of water• Take water at a rate of flow exceeding 20 litres

per second


1. Management of Water Activities (con’t)

Authorisation of Water Activities There is a need for a licence to carry out water

activities “Water activities” means :

Take or use water from a water body Return water to a water body directly or

indirectly by artificial means Control, divert or mitigate flood waters outside a

floodplain management area Carry out a water body alteration activity


1. Management of Water Activities (con’t)

“Water body” means : A river, estuary, lake, lagoon, swamp, marsh or other wetland An aquifer Coastal waters Declared channel

“Water body alteration activity” means : Excavating material from the bed, bank or shore of a water

body, or from a river or shore reserve Obstructing, diverting or detrimentally affecting the flow or

movement of a water in a water body Changing the course of a water body Reducing the capacity of a water body to contain water by

filling or other means Reclaiming land within a water body


2. Management of Catchment/Land Activities

The Council have to ensure the development of Catchment management plans for the whole of the state

Catchment plans to be developed by the Director in coordination with relevant public authority

Plans shall be accompanied by : A description of

• The water resources of the catchment• The condition of the catchment and its contribution

to the quantity and quality of water resources and the aquatic environment

An analysis of the sources and causes of the degradation



Contents of the plans (cont’) : A summary of existing and proposed legislative and

administrative controls and measures for protecting, using and developing land in the catchment

The strategies, actions and measures which are recommended for The orderly and planned development and use of the

water resources Maintaining or improving the quantity and quality of

water Maintaining or improving the condition of the

catchment and the aquatic environment



Legal Instruments

Water Protection Area (WPA) Area of State Land include Forest Reserves which requires specific

protection to ensure a source of water is adequately protected from reduction in flow or from pollution or degradation

No land shall thereafter be alienated under the provisions of the Land Ordinance

No person shall thereafter be authorised to erect a new structure, establish new plantation or clear land

Alienated land need to be acquired if to be declared as WPA Land within a WPA is subject to the control of the Director, except

that land within a forest reserve which is included in a WPA shall be subject to the control of the Director of Forestry Department



Legal Instruments (cont’) Water Conservation Area (WCA) An area of land where it is necessary to control, limit or

modify activities within it to prevent the pollution or degradation of surface water or groundwater, or the loss of its availability

Director may direct the owner/occupier of land within WCA to Take measures or construct works to slow, reduce or prevent water

from running off land into a water body Plant specified types of vegetation Relocate structures Undertake an activity, including an agricultural activity, in a specified

way Take other measures to prevent degradation of water resources

Director shall take into account the likely economic and social impacts on the owner/occupier to whom a direction is given



Legal Instruments (cont’) Floodplain Management Area (FMA)

Area of land with the identified flood characteristic needs a controlled, limited or modified activities to minimise damage and water degradation caused by flooding

There is a need of Floodplain Management Plan to declare an area as a FMA

Contents of a Floodplain Management Plain : A description of the flood characteristic

and a summary of technical investigations of flood behaviour



Contents of a Floodplain Management Plan (con’t) :

An evaluation of the economics, social and environmental consequences of flooding

Measures for minimising the impact of flooding which may include :

Relocation or physical alteration of existing structures

Guidelines for future placement of structure to minimise the impeding of flood waters

Contruction of works to divert or mitigate the impact of flooding

Development of or amendment of a scheme of plan made under the Town and Country Planning Ordinance



Legal Instruments River and Shore Reserves

Established for the purpose of protecting the volume or flow of water in water bodies and prevent degradation of the quality of water resources and aquatic environment

Established from the date of the commencement of the enactment with specifications as : River reserves – within 20 m of the top of the

bank for river channel not less than 3 m Shore reserves – within 20 m of the bed of all

coastal water



Legal Instruments River and Shore Reserves (cont’)

Amendments of the reserves River reserves with specified width established to a

river whose channel is less than 3 m Witdh of an existing river reserves or shore reserves

is increased or decreasedApproval is needed from the Director to

undertake activities within reserves which involves : Removal of natural vegetation or the removal or

deposition of material Erection of structures Carrying out of a commercial or agricultural activity


3. Management of Activities In and On Water Bodies

Navigation To prevent degradation of the quality of water and stability

of the bed, banks and shores of water bodies and the aquatic environment

Director may by order determine matters that are appropriate for navigation on a specified river or stretch or river or other water body which includes : Types or classes of vessel The maximum speed Maximum draught of a vessel

Person shall not dispose waste from vessel which pollutes water in a water body or damage aquatic environment

Director may require a vessel to be fitted with facilities for storage and safe discharge and facilities for the same purpose to be installed on land.


3. Management of Activities In and On Water Bodies (cont’)

Recreation To protect :

the bed, banks or shore of a water body the quantity and quality of a water in a water body the aquatic environment authorised water activities safety

The Director may require recreational or leisure activity specified in a rules to be registered

Director may issue direction to a person undertaking such activities regarding the manner and timing according to which the activity may be undertaken.


OTHER RELATED LEGISLATION

Federal– Environmental Quality Act 1974

– Fisheries Act 1985

– Pesticide Act

State– State Environment Protection Enactment

– Land Ordinance 1930

– Forest Enactment 1968

– Park Enactment 1984

– Fauna Conservation Enactment

– Town and Country Planning Ordinance 1950

– Pubic Health Ordinance 1960


CONCLUSION

The law governing the management of water resources in Sabah are in place

The institutions ie. The Water Resources Council and the Water Resources Director as required in the law are under establishment

The ground work for the administration of the legislation is under way


Thank you


Functions of the Water Resources Council Advise the Mnister on the management and use of water

resources Report to the Minister on the condition of the water resources Make recommendation on the improvement of the quantity

and quality of the water for the benefits of human use, the aquatic flora and fauna and the aquatic environment, including wetland and floodplains

Determine the water activity licence application which have a State or regional significance or are of particular significance in a local area

Adopt and review plans for the orderly and effective development of water resources


Functions of the Water Resources Council (con’t)

– Set priorities for, ensure the development of, recommend for approval and review catchment management plans developed and other plans for the improvement of the management of water resources

– Develop and issue, with the approval of the Minister, State policies and guidelines for the management and protection of water resources

– Require pubic authorities to - Take action to implement the recommendation of approved catchment

management plan including taking enforcement action where relevant Act to minimize or prevent harm to water resources


Members of the Water Resources Council Chairman appointed by the Head of State The Permanent Secretary of the Ministry of Culture, Environment

and Tourism or his authorised representative The Secretary for Natural Resources or his authorised representative

who shall be the secretary of the Council The Director of the Department of Lands and Surveys or his

authorised representative The Director of Forestry Department or his authorised representative The Director of Department of Agriculture or his authorised

representative The Director of Water Resources or his authorised representative The Director of State Economic Planning Unit or his authorised

representative The Director of the Department of Town and Regional Planning or

his authorised representative


Members of the Water Resources Council (con’t)

The Director of Department of Irrigation and Drainage or his authorised representative

The Director of Fisheries Department or his authorised representative

The Director of Water Department or his authorised representative

The Director of Department of Ports and Habours or his authorised representative

The Director of the Federal Department of Environment (Sabah Region) or his authorised representative

The Director of the Department of Geological Surveys or his authorised representative

Two other members with appropriate technical or academic expertise in matters related to water resources appointed by the Head of State


Function of the Director of Water Resources Manage the State’s water resources Take action to protect the quantity and quality of water resources

and aquatic environment Identify opportunities for water use and promote and facilitate the

beneficial use of water Decide on licence application for water activities other than those

determined by the Water Resources Council Plan for the orderly development and use of the water resources

and take measure to resolve conflict between water uses Protect river and shore reserves Develop, implement and monitor catchment management plans and

other plans for water management, including floodplain management plans, surface water management plans and ground water management plans


Function of the Director of Water Resources (con’t)

Collect and maintain data on water resources and report to the Water Resources Council and the Minister on the condition of water resources

Manage water protection areas to maintain the quality ad quantity water and the aquatic environment

Promote the value of water resources through education and information programs

Develop guidelines, objectives and policies to assist public authorities to manage water resources within their controls

Co-ordinate administrative actions for water resources management

slide 1 department of irrigation and drainage institutional and legal aspect of water resources...

Documents

natural resources

director slide

management activities

management of activities

minister minister responsible

drainage sabah http

drainage institutional

chief minister