STRENGTHENING THE INSTITUTIONS AND REGULATIONS, AND TO INCREASE R&D ACTIVITIES: FOCUS ON MALAYSIA

Saim Suratman National Hydraulic Research Institute of Malaysia (NAHRIM) saim@nahrim.gov.my

WATER RESOURCES IN MALAYSIA

Water Resources Quantity (billion m3)

Annual rainfall 990

Surface runoff 566

Evapotranspiration 360

Groundwater recharge 64

Surface artificial storage 25

Groundwater storage 5000

CURRENT SITUATION ON GROUNDWATER UTILISATION

Groundwater (Air Tanah)

(MLD) 162.3 1.20%

Surface Water (Air

Permukaan) (MLD) 13330.6 98.80%

WATER: Source of Public Water Supply Malaysia

Air Tanah (MLD)

Air Permukaan (MLD)

Over-exploitation Under-exploitation

MAJOR GROUNDWATER USERS

�  2 states: ◦  Kelantan - public water supply

system ◦  Selangor - industrial

Total groundwater production in Kelantan (1990-2010)

Water resources abstraction in Selangor

Location of groundwater wellfields and treatment plants In Kota Bharu area, Kelantan

MAJOR GROUNDWATER USERS

CONSTITUTIONAL POSITION Legislative Lists: Federal; State; Concurrent �  State: in general has powers over water and rivers

and lakes, wetlands. Other matters include: ◦  Land ◦  Local Administration ◦  Some States have made laws to implement IWRM

including groundwater within these laws �  Federal Govt: Federal has limited powers over

shared waters (rivers and aquifers!); water related infrastructural development works (federal projects) and possibly environment.

�  Concurrent: have concurrent powers over drainage, town and country planning, water supplies and services, public health and protection of wild animals and birds

REVIEW OF EXISTING LEGISLATION There are no specific Federal laws or rules related to management of groundwater o  Specific aspects related to groundwater are regulated by some Federal

laws including: �  Environmental Quality Act (1974) - pollution to water (including

groundwater) �  Geological Survey Act (1974) - imposes an obligation on every person

who “bores, drills, digs or otherwise develops a well for the purpose of searching for or extracting water

�  National Land Code (1965) – groundwater may be considered as encompassed with the definition of Land

o  National Water Resources Council – set up in1998 for involvement of Federal Government in the water sector

o  National Water Resources Policy (NWRP) for the period 2010 until 2050 was formulated in 2011.

o  National Water Services Commission (SPAN) passed by the Parliament in 2006 – regulate water supply

Geological Survey Act (1974) �  The Act regulates geological surveys and seeks to establish

and maintain geological archives �  Section 13 – imposes an obligation on every person who

“bores, drills, digs or otherwise develops a well for the purpose of searching for or extracting water…shall notify the DG of such details as may from time to time be prescribed”

�  “well” is defined in this section to exclude those wells which are less than 30’ in depth or yield less than 500 gallons of water per day and used only for domestic purposes of the person who develops the well.

�  Penalty of RM10,000 and RM50.00 per day for a continuing contravention.

K.Ramadas 8

REVIEW OF EXISTING LEGISLATION

K.Ramadas 9

National Land Code (NLC) �  The definition of “land” in the NLC is as follows:

“land includes – a) the surface of the earth and all substances forming

that surface; b) the earth below the surface and all substances

therein; c) all vegetation and other natural products …. whether

on or below the surface; e) land covered by water;

REVIEW OF EXISTING LEGISLATION

REVIEW OF EXISTING LEGISLATION �  Some States have made laws to implement IWRM

including groundwater within these laws: ◦  Sabah Water Resources Enactment 1998 ◦  Selangor Waters Management Enactment 1999 (LUAS) ◦  Pahang Water Resources Enactment 2007 ◦  Kedah Water Resources Enactment 2007

�  Others still using Waters Act 1920 (Cap 146) (1989) – ◦  applicable to Negeri Sembilan, Pahang, Perak, Selangor,

Melaka, Penang and Federal Territory; ◦  no mention specifically on groundwater ◦  long overdue for review to be in line with NWRP to

address both surface water and groundwater.\ �  National Resources and Environment Ordinance

Sarawak

MULTI-INSTITUTIONAL WATER MANAGEMENT IN FEDERAL GOVERNMENT

MULTI-INSTITUTIONAL WATER MANAGEMENT IN STATES

Groundwater Management Committee in Selangor: Chairman: Director of LUAS Members: 1.  Director of Department of Minerals and

Geoscience or its representative; 2.  Director of DOE or its representative; 3.  Director of Department of Health or its

representative; 4.  District Officers or its representative (selected

district only); and 5.  President of Local Authorities or its representative

(selected district only).

State Water Resources Enactment

Typically the State Enactments provide for: ◦  Definition of water resources includes groundwater ◦  Define groundwater ◦  No extraction or exploitation without a licence and

payment of a fee ◦  Limited Domestic use allowed ◦  Provide for control over pollution ◦  Provide for control and regulation of groundwater

development and use ◦  Control and use by the water board or authority

K.Ramadas 15

Waters Act 1920 �  The Waters Act 1920 is an Act of Parliament but

implemented by almost all States in P. Malaysia �  Provides for the management of rivers, its banks, water

abstraction and discharge of poisonous, noxious or polluting matter into rivers. For the purposes of prevention of pollution the extended definition of rivers includes “inland waters and subterranean water resources”.

�  State of Pahang – State may regulate the taking of water from any State Land or alienated land (not just from rivers as in other states) and may make rules for this.

�  The Penalty under this Act is however still a miserable amount.

The administration of this Act is also left in the hands of the Land Administrator who often is faced with limited capacity and expertise.

INSTITUTIONAL INSTRUMENTS – THE WAY FORWARD

GROUNDWATER MANAGEMENT TOOLS & INSTRUMENTS

CURRENT STATUS OF DEVELOPMENT OF CORRESPONDING TOOL OR INSTRUMENT

THE WAY FORWARD

Water Rights State owned •  Rights based on management plans

•  Transboundary aquifer Regulatory Provisions

Limited or no groundwater regulation

•  Improvement on groundwater (with water law)

•  Ratify law/enactment (without) water law)

Groundwater Legislation

Limited or no groundwater legislation

•  Improvement on gw clauses (with water law)

•  Enact law/enactment (without)

Stakeholder Participation

•  Limited to various government agencies

•  Little interaction between regulator and water users

•  EIA

•  Full public participation •  Detailed Impact Assessment

on major groundwater project

MODIFIED FROM GW-MATE

INSTITUTIONAL INSTRUMENTS – THE WAY FORWARD

GROUNDWATER MANAGEMENT TOOLS & INSTRUMENTS

CURRENT STATUS OF DEVELOPMENT OF CORRESPONDING TOOL OR INSTRUMENT

THE WAY FORWARD

Awareness and Education

Groundwater is considered an infinite and free resource

•  Increase awareness •  Educational curricula

Economic Instruments

•  Economic externalities hardly recognized (exploitation rampant)

•  Lack incentives for industry

•  Recognise economic contribution of groundwater

•  Incentives (taxes, rebates etc) •  Tariff •  Equity participation

R&D •  Limited amount of R&D work •  Limited fund

•  Identify R&D focus •  Sufficient fund

Groundwater Manager

•  A number of agencies •  Single agency as the manager at Federal and State levels

MODIFIED FROM GW-MATE

COMPONENTS OF GROUNDWATER LEGISLATION

Federal and States should enact specific laws and rules for the regulation and control of groundwater resources that consists of:

�  Licensing Groundwater Abstraction, Pricing, Use Rights and Allocation

�  Impact Assessment/Pollution Control/Licensing Wastewater Discharge

�  Penalties for Non-Compliance

�  Controlling Well Construction Activities - licensing of drilling contractors

�  Catchment or Aquifer Level Resource Planning (water resources planning with reference to surface water basins and/or aquifer systems)

�  Conjunctive Use of Groundwater and Surface Water

�  Landuse Planning – protection of recharge areas

�  Land Surface Zoning for Groundwater Conservation and Protection (e.g. WHPA)

�  Facilitating Stakeholder Participation (Water Authority, Concessionaire and User)

�  Provisions for Groundwater Monitoring

�  Provision for R&D

�  Provision for future technology – e.g. MAR

�  Provision for Capacity Building

�  Providing Funding/Incentives

�  Standards and International Obligation

THE NEED FOR RESEARCH IN HYDROGEOLOGY 1.  NAHRIM - agency carrying out a systematic and focused

research in groundwater

2.  R&D (basic and applied) are required to solve various complex issues in groundwater which require a pool of experts

3.  Develop improved management and a framework for sustainable management of water (no segregation of surface and groundwater)

4.  Increase in public perception and sensitivity on issues relating to water and environment due to increased knowledge of the public

5.  Conjunctive use; abundance mentality

Strategies for Progressing Research

Strategy Target

Establish the value of groundwater Water agencies, policy makers

Develop/identify key research programmes

Water agencies, R&D agencies, universities

Sponsor a key groundwater conference drawing scientists, resource managers and industry

Groundwater researchers and managers, water agencies, R&D agencies, universities, policy makers

Best Management Practices Water agencies, groundwater users

Establishment of Linkages, Partnerships, Collaboration

Water agencies, R&D agencies and corporations, universities

Awareness and educational programmes

Local authorities, schools, universities

Capacity Building for water and Groundwater Professionals

Water agencies, R&D agencies, universities

Demonstrate the value of the research Water agencies, companies, policy makers

PRIORITISED RESEARCH AREAS ü Priority1: Characterisation of Aquifers and Aquitards – focus

on karst hydrogeology ü Priority 2: Institution and Governance: Integrating Socio-

economics, Legislation, Regulation, Policy ü Priority 3: Emerging Technology (MAR, drilling, well

construction, treatment) ü Priority 4: Impact of Climate Change ü Priority 5: Small island hydrogeology ü Priority 6: Groundwater Economics ü Priority 7: Tools in groundwater: Geostatistics, Hydrodynamics

and Modelling, GIS, Decision Support Systems ü Priority 8: Surface Water - Groundwater Interactions ü Priority 9: Problems related to groundwater and Hazard

Assessment

Clearwater Cave, Mulu, Sarawak

KARST HYDROGEOLOGY

Sinkhole in Kuala Lumpur

Limestone Fm in Langkawi

PRIORITISED RESEARCH AREAS

Artificial recharge in KL

Retention of flood water to recharge groundwater

PRIORITISED RESEARCH AREAS

Monthly Rainfall Anomaly (April)

Monthly Rainfall Anomaly (May)

Climate Change Projection PRIORITISED RESEARCH AREAS

CONCLUSION � Need Fund to: ◦  Institutionalise

groundwater ◦  Enforce laws and

regulations ◦ Carry out R&D �  Government, GLC,

Private, NGO, Foreign

THANK YOU