1. Institutional and Legal Aspect of Water Resources Management in Sabah
3rd Sarawak-Sabah Environmental Convention 2004 Mega Hotel, Miri 5th-7th October 2004
Institutional and Legal Aspect of Water Resources Management in Sabah
Yap Siew Fah & Miklin Ationg
Department of Irrigation and Drainage Sabah
Department of Irrigation and Drainage

2. 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
Department of Irrigation and Drainage

3. Sabah Water Resources Enactment (1998)
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
Department of Irrigation and Drainage

4. Water Resources Institutions
The enactment provide for the establishment of the Institutions
Minister
Council
Director
Catchment Management Committee
Department of Irrigation and Drainage

5. 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
Department of Irrigation and Drainage

6. Water Resources Institutions
Water Resources Council
Functions
Membership
Appointment by the Yang di-Pertua Negeri
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
Department of Irrigation and Drainage

7. Water Resources Institutions
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
Department of Irrigation and Drainage

8. Water Resources Institutions
Water Resources Director (con’t)
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
Department of Irrigation and Drainage

9. Water Resources Institutions
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
Department of Irrigation and Drainage

10. Water Resources Institutions
Catchment Management Committee (con’t)
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
Department of Irrigation and Drainage

11. Management of Related WR Activities
Management of Water Activities
Management of Catchment/Land Activities
Management of Activities In and On Water Bodies
Department of Irrigation and Drainage

12. 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
Department of Irrigation and Drainage

13. 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
Department of Irrigation and Drainage

14. 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
Department of Irrigation and Drainage

15. 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
Department of Irrigation and Drainage

16. 2. Management of Catchment/Land Activities
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
Department of Irrigation and Drainage

17. 2. Management of Catchment/Land Activities
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
Department of Irrigation and Drainage

18. 2. Management of Catchment/Land Activities
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
Department of Irrigation and Drainage

19. 2. Management of Catchment/Land Activities
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
Department of Irrigation and Drainage

20. 2. Management of Catchment/Land Activities
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
Department of Irrigation and Drainage

21. 2. Management of Catchment/Land Activities
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
Department of Irrigation and Drainage

22. 2. Management of Catchment/Land Activities
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 decreased
Approval 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
Department of Irrigation and Drainage

23. 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.
Department of Irrigation and Drainage

24. 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.
Department of Irrigation and Drainage

25. 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
Department of Irrigation and Drainage

26. The ground work for the administration of the legislation is under way
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
Department of Irrigation and Drainage

27. Thank you
Department of Irrigation and Drainage

28. 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
Department of Irrigation and Drainage

29. 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
Department of Irrigation and Drainage

30. 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
Department of Irrigation and Drainage

31. 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
Department of Irrigation and Drainage

32. 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
Department of Irrigation and Drainage

33. 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
Department of Irrigation and Drainage