slide 1 department of irrigation and drainage institutional and legal aspect of water resources...
TRANSCRIPT
Slide 1
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
Slide 2
Department of Irrigation and Drainage
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
Slide 3
Department of Irrigation and Drainage
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
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Department of Irrigation and Drainage
Water Resources Institutions
The enactment provide for the establishment of the Institutions Minister Council Director Catchment Management Committee
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Department of Irrigation and Drainage
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
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Department of Irrigation and Drainage
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
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Department of Irrigation and Drainage
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
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Department of Irrigation and Drainage
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
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Department of Irrigation and Drainage
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
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Department of Irrigation and Drainage
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
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Department of Irrigation and Drainage
Management of Related WR Activities
Management of Water Activities
Management of Catchment/Land Activities
Management of Activities In and On Water Bodies
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Department of Irrigation and Drainage
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
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Department of Irrigation and Drainage
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
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Department of Irrigation and Drainage
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
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Department of Irrigation and Drainage
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
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Department of Irrigation and Drainage
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
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Department of Irrigation and Drainage
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
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Department of Irrigation and Drainage
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
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Department of Irrigation and Drainage
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
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Department of Irrigation and Drainage
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
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Department of Irrigation and Drainage
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
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Department of Irrigation and Drainage
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 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
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Department of Irrigation and Drainage
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.
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Department of Irrigation and Drainage
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.
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Department of Irrigation and Drainage
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
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Department of Irrigation and Drainage
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
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Department of Irrigation and Drainage
Thank you
Slide 28
Department of Irrigation and Drainage
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
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Department of Irrigation and Drainage
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
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Department of Irrigation and Drainage
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
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Department of Irrigation and Drainage
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
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Department of Irrigation and Drainage
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
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Department of Irrigation and Drainage
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