WANT TO KNOW MORE ABOUT WATER RESOURCES MANAGEMENT IN SABAH ?

WHAT IS WATER RESOURCES MANAGEMENT ?

Water Resources Management is the application of structural and non-structural measures to control natural and man-made water resources system for beneficial human and environmental purposes.

WHY SHOULD WE MANAGE WATER RESOURCES ?

• We all need Water

• WATER is spatially distributed

• WATER is temporally distributed

• WATER can be polluted

WHO ARE INVOLVED ?

• Minister who is responsible for water resources.

• Water Resources Council, is responsible in advising the minister and to co-ordinate and oversee that the state's water resources is planned and managed in an equitable, efficient and sustainable manner.

• Water Resources Director (will be appointed by the minister) who is responsible for managing the State's water resources.

FUNCTIONS OF THE WATER RESOURCES COUNCIL

• Advice the Minister on the management and use of water resources.

• Report to the Minister on the condition of water resources.

• Make recomendations on the improvement of the quantity and quality of water for the benefits of human use, the aquatic flora and fauna and the aquatic environtment, including wetlands and floodplain.

• Determine those water activity license application which have 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.

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

• Develop and issue, with approval of the Minister, state policies and guidelines for the management and protection of water resources.

• Require public authorities to take action to implement the recommendations of an approved catchment management plan including taking enforcement action where relevant and act to minimise or prevent harm to water resources.

FUNCTIONS OF THE WATER RESOURCES DIRECTOR

• Manage the state's water resources;

• Take action to protect the quantity and quality of water resources and the aquatic environment;

• Identify opportunities for water use and promote or facilitate the beneficial use of water.

• Decide on licence application for water activities other than those determined by the Council.

• Plan for the orderly development and use of water resources and take measures 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 groundwater management plans;

• Collect and maintain data on water resources and report to the Council and the Minister on the condition of water resources.

• Manage water protection areas to maintain the quality and quantity of 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 control; and

• Co-ordinate administrative action for water resources management;

HOW IS WATER RESOURCES MANAGED IN SABAH ?

Water resources in Sabah are managed through the management of water activities, land activities and activities in and on water bodies.

The management of these activities is through the control of access, monitoring and enforcement.

Management plans, policies and guidelines are developed to facilitate these control.

MANAGEMENT OF WATER ACTIVITIES

A licence is required for any water activity, which includes taking and using water, returning water to a water body. Exception is given for domestic and subsistence agriculture purposes only but may be need to register. Exemption may be given to public authority.

Fine on conviction:
not exceeding fifty thousand ringgit or to imprisonment not exceeding five years or to both and in the case of continuing offence, to a further fine of five hundred ringgit for every day during which the offence continues.
(Refer to Water Resources Enactment 1998 Clause 15 & 24)

A protected waters order can be made for the purpose of preserving or maintaining the flow, volume, quality of water in a water body Fine on conviction: not exceeding fifty thousand ringgit or to imprisonment not exceeding five years or to both and in the case of continuing offence, to a further fine of five hundred ringgit for every day during which the offence continues.
(Refer to Water Resources Enactment 1998 Clause 29)

MANAGEMENT OF LAND ACTIVITIES

Catchment Management Plans are to be developed in co-ordination with relevant public authorities for the state according to the priorities, geographical areas and timetable determined by the Water Resources Council for :

• the orderly and planned development and use of the water resources.

• Maintaining or improving the quantity and quality of water resources.

• Maintaining or improving the condition of the catchment and the aquatic environment.

Water Protection areas are areas that requires specific protection to ensure a source of water, or water resources in a particular water body or locality, is adequately protected from the reduction in flow, or from pollution or degradation. Enter into a water protection need to be authorised of the Director of Water Resources.

Water Conservation areas are areas where activities need to be controlled, limited or modified, to prevent the pollution or degradation of surface water or groundwater, or the the loss of its availability, or to protect a water body or an aquifer that has been identified that protection is required. The Director of Water Resources may direct the owner or occupier to :

• take measure or construct works to slow, reduce or prevent water from running off land into a water body;

• plant specific types of vegetations;

• relocate structures;

• undertake an activity, including an agricultural activity, in a specified way ; or

• take other measures to prevent degradation of water resources.

Fine on conviction :
not exceeding fifty thousand ringgit or to imprisonment not exceeding five years or to both and in the case of continuing offence, to a further fine of five hundred ringgit for every day during which the offence continues.
(Refer to Water Resources Enactment 1998 clause 34 - 38)

MANAGEMENT OF ACTIVITIES IN AND ON WATER BODIES

Water Bodies :
River, estuary, lake, lagoon, swamp, marsh, aquifer, coastal water and declared channel.
A licence is required for carrying out water body alteration activity.

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 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.

Fine on conviction :
not exceeding fifty thousand ringgit or to imprisonment not exceeding five years or to both and in the case of continuing offence, to a further fine of five hundred ringgit for every day during which the offence continues.
(Refer to Water Resources Enactment 1998 clause 17(2))

An impounding order can be issue to a person who has removed material from land forming the bed and banks of a water body and to river and shore reserves in contravention of the Water Resources Enactment 1998 to impound either or both of the following :

• the whole or specified part of the material removed or deposited

• any specific plant or equipment used in the removal or depositing

Fine on conviction :
not exceeding thirty thousand ringgit or to imprisonment not exceeding three years or both and, in the case of a continuing offence, to a further fine of three hundred ringgit for every day during which the offence continues
(Refer to Water Resources Enactment 1998 clause 32)

Floodplain management areas are areas of land where the identified flood characteristics warrant the planned development and location of structures, buildings and flood protection works to minimise damage and water degradation caused by flooding. The declared floodplain area shall be managed according to a floodplain management plan developed to minimise the impact of flooding. The director of Water Resources may, for the purpose of implementing the floodplain management plan direct the owner or occupier for the purpose that :

• the alteration or removal of any building or structure is required; and

• specified types of activities or development are :

  i) to be undertaken in a specific manner or in a specific locations or at specified distances from water bodies
  ii) prohibited

   

Fine on conviction :
not exceeding fifty thousand ringgit or to imprisonment not exceeding five years or to both and in the case of continuing offence, to a further fine of five hundred ringgit for every day during which the offence continues.
(Refer to Water Resources Enactment 1998 clause 39)

RIVER RESERVES AND SHORE RESERVES

From the date of commencement of the Water Resources Enactment 1998 river reserves and shore reserves are established on land that is
(a) in the case of river reserves, within 20 metres of the top of the bank of every river, including its estuary, where the river channel is less not less than 3 metres in width; and
(b) in the case of shore reserves, within 20 metres of the bed of all coastal waters.

Approval is needed to undertake any activity within a river reserves or shore reserve or on, in or above a water body which involves :

• the removal of natural vegetation or the removal or deposition of material

• the erection of a structure or building; or

• the carrying out of a commercial or agricultural activity unless the activity is of a type that has being declared that approval is not required.

Fine on conviction :
not exceeding fifty thousand ringgit or to imprisonment not exceeding five years or to both and in the case of continuing offence, to a further fine of five hundred ringgit for every day during which the offence continues.
(Refer to Water Resources Enactment 1998 Clause 46)

NAVIGATION

Director's authority :
Determine types or classes of vessel, maximum speed and maximum draught of a vessel that is appropriate for navigation on a specific river or stretch of river or other water body.

Approval is needed for disposal of waste from vessel. It is an offence if any substance spills or escapes from vessel that pollutes the water in a water body or cause damage to the aquatic environment. A vessel can be required to be fitted with facilities for the storage and safe discharge or disposal of waste, and facilities for the same purposes to be installed on land. (Refer to Water Resources Enactment 1998 Clause 47)

Fine on conviction :
not exceeding ten thousand ringgit or to imprissonment not exceeding one year or both and, in the case of continuing offence, to a further fine of one hundred ringgit for every day during which the offence continues.
(Refer to Water Resources Enactment 1998 Clause 60)

RECREATIONAL OR LEISURE ACTIVITY

The Director have the authority to direct recreational activities to be registered if satisfied that such activity is causing or may cause :

• damage to the bed, banks or shore of a water body

• pollution or degradation of the water in the water body

• harm or threat to the aquatic environment

• harm or threat to licensed water activities

• obstruction to navigation

• danger or nuisance

Fine on conviction :
not exceeding fifty thousand ringgit or to imprisonment not exceeding five years or to both and in the case of continuing offence, to a further fine of five hundred ringgit for every day during which the offence continues.
(Refer to Water Resources Enactment 1998 Clause 48)