PART II

ADMINISTRATION

3.     (1)  Any  decision  made, or action taken, under this Enactment shall  be consistent with achieving the sustainable management of the water  resources of Sabah.

(2)  A  person  making a decision or taking an  action  under   this  Enactment shall consider, where relevant, the effects of the decision or action upon^__

(a) the quantity, flow and quality of water in water bodies;

(b) the exercise of private rights to water;

(c) authorised water activities;

(d) the requirements of any plan made under Part VI of this Enactment;

(e) State and regional economic development;

(f) the stability, continuation and well-being of communities affected;

and

(g) the aquatic environment.

4.     (1)  There  shall  be  established  a  Water  Resources  Council, whose functions shall be to^__

(a) advise the Minister on the management and use of water resources;

(b) report to the Minister on the condition of water resources;

(c) make recommendations on the improvement of the quantity and quality of water for the benefits of  human  use, the  aquatic flora and fauna and the aquatic environment, including wetlands and floodplains;

(d) determine those  water activity licence applications which have State or regional significance or are  of  particular  significance  in  a  local area;

(e) adopt and review plans for the orderly and effective development of water resources;

Decisions

and actions.

Establish-

ment of Water Resources

Council.

Council

membership.

(f) set  priorities  for,  ensure  the  development  of,  recommend  for approval  and  review  catchment  management  plans  developed under  Part  VI  and  other  plans  for   the   improvement   of   the management of water resources;

(g) develop and issue, with the approval of the Minister, State  policies and  guidelines  for  the   management  and   protection   of   water resources; and

(h) require public authorities to^__

(i) take action to implement the recommendations of an approved catchment  management  plan  including   taking  enforcement action where relevant; and

(ii) act to minimize or prevent harm to water resources.

5.     (1)  The Council shall consist of the following members^__

(a) a Chairman;

(b) the Permanent Secretary of the Ministry of Culture, Environment and Tourism or his authorised representative;

(c) the Secretary for Natural Resources or his authorised representative who shall be the secretary of the Council;

(d) the  Director  of  the   Department  of  Lands  and  Surveys  or  his authorised representative;

(e) the   Director  of   the   Forestry   Department   or   his   authorised representative;

(f) the  Director  of  the  Department  of  Agriculture or his authorised representative;

(g) the Director of Water Resources or his  authorised representative;

(h) the Director of the State Economic Planning Unit or his authorised representative;

(i) the Director of the Department of Town and Regional Planning or his authorised representative;

(j) the Director of the Department of Irrigation and Drainage or his authorised representative;

(k) the    Director   of   the   Fisheries   Department  or   his  authorised        representative;

(l) the    Director   of   the    Water    Department   or    his  authorised representative;

(m) the  Director   of   the  Department  of  Ports  and  Harbours  or  his authorised representative;

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

(o) the  Director  of    the  Department   of  Geological   Surveys  or his authorised representative; and

(p) two   other   members   with  appropriate   technical   or academic expertise in matters related to water resources.

(2) The members of the Council under  paragraphs (a) and (p) of subsection

(1) shall be appointed by the Yang di-Pertua Negeri.

(3) Subject  to  such  conditions  as  may  be specified  in  his  instrument of appointment, a member of the Council appointed by the Yang di-Pertua Negeri shall, unless he sooner resigns or his appointment  is  revoked, hold office for a term  not  exceeding  three  years  and  shall  on  ceasing  to  be a member, be eligible for reappointment.

6.     (1)  A member  appointed by the Yang di-Pertua Negeri may resign his office at any time by letter addressed to the Yang di-Pertua Negeri.

(2) The  Yang di-Pertua Negeri may revoke the appointment of  a  member appointed by him at any time without assigning any reason therefor.

7.     The  following   persons  are  disqualified  from   being  appointed  or,  if appointed, remaining as members of the Council^__

(a) a  person  who  is  of  unsound  mind  or  is  otherwise  incapable of performing his duties or managing his affairs;

(b) a  person  who  has been  convicted  of any offence involving fraud, dishonesty or moral turpitude; and

(c) a bankrupt.

Resignation and revocation.

Disqualifica-tion from membership.

Vacation of

office.

Casual vacancies and temporary

membership.

Remuner-ation or allowance.

Council

procedure.

8.     The  office  of  a  member  of  the Council appointed by the Yang di-Pertua Negeri shall become vacant^__

(a) if he dies;

(b) in  the  case  of  the  Chairman, if  he  absents  himself   from  three consecutive meetings  of  the Council without leave of the  Minister;

(c) in  the case  of   a   member, if   he  absents  himself   from   three  consecutive meetings of the Council without leave of the Chairman;

(d) if he becomes disqualified for membership under section 7;

(e) if his resignation is accepted by the Yang di-Pertua Negeri; or

(f) if his appointment is revoked by the Yang di-Pertua Negeri.

9.     (1)  If  the  office  of a member appointed by  the Yang  di-Pertua  Negeri becomes  vacant,  the  Yang  di-Pertua   Negeri   may  appoint  another  suitably qualified person  to  fill such vacancy  for  so  long  only as the member in whose place he is appointed would have held office.

(2)  Where a member appointed by the Yang di-Pertua Negeri is prevented by illness, absence from the State of other like cause from performing his duties as a member, the Yang di-Pertua Negeri  may appoint any suitably qualified person to act as deputy for such member during such period as he is so prevented from performing his duties.

10.     There  may be paid to the members of the Council such remuneration or allowances as the Minister may determine.

11.    (1) The  Council shall meet as often as may be necessary or expedient for the transaction  of  its  business  and  such  meetings  shall  be held at such places and times as the Chairman may determine, provided  that the Chairman shall not allow more than four months to elapse between such meetings.

(2)  Nine members of the Council shall form a quorum  at  any meeting of the Council.

(3)  The Council shall determine any matter by  a  majority  of  the  votes  of members present at a meeting, except that if  there  is an equality of votes, the Chairman or, if the Chairman is absent,  the  presiding  member  shall  have  a casting vote in addition to a deliberative vote.

(4)  Subject   to   this   Enactment,   the  Council  shall  determine  its   own procedure.

(5)  The Council  shall  cause  minutes  of all  meetings of the Council to be maintained and kept in  a  proper  form and  copies  thereof  submitted  to  the Minister.

(6)  The  Chairman  of  the  Council  shall  preside  at  all  meetings  of   the Council,except that,if the Chairman is unable to preside,owing to  absence  or inability to act,  the  members  present  shall  elect  one  of  their  number  to preside at that meeting and no business may be transacted at any meeting until a member has been elected to preside over that meeting.

(7)  The Council  may establish committees to assist it in the carrying out of its functions and the procedure of  such committees shall be determined by the Council.

12.     (1)  For  the  purpose  of  this  Enactment,  there shall be a Director of Water  Resources  who  shall  be  appointed  by  the  Minister  from   amongst members of the State public service.

(2)  The functions of the Director shall be to^__

(a) manage the State’s water resources;

(b) take action to protect the quantity and quality of water resources and the aquatic environment;

(c) identify opportunities for water use and promote and facilitate the beneficial use of water;

(d) decide on licence applications for water activities other than those determined by the Council under paragraph (d) of subsection (1) of section 4;

(e) plan for the orderly development and use of water resources and take measures to resolve conflict between water uses;

Director of Water Resources and other officers.

Delegation by Director.

(f) protect river and shore reserves;

(g) 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;

(h) collect and maintain data on water resources and report to the Council and the Minister on the condition of water resources;

(i) manage water protection areas to maintain the quality and quantity of water and the aquatic environment;

(j) promote the value of water resources through education and information programs;

(k) develop guidelines,objectives and policies to assist public authorities to manage water resources within their control; and

(l) co-ordinate administrative action for water resources management.

(3)  There shall be such number of other officers as may be necessary and expedient for the due administration of this Enactment who shall be appointed by the Minister from amongst members of the State public service.

(4)  The Minister may give the Director directions of a general character not inconsistent with this Enactment as to the exercise of the powers, duties and functions of the Director under this Enactment and the Director shall give effect to any directions so given.

13.     (1)  The Director may, by notification in the Gazette, delegate any of the powers vested in him under this Enactment, except for this power of delegation, to^__

(a) an officer of a public authority; or

(b) in respect of powers relating to a water protection area declared for the protection of the water supply for a village or local community, to a committee established by the Director, but no such delegation shall prevent the exercise by the Director of any power so delegated.

(2)  A delegation made under subsection (1) may refer to the exercise of a function or a class of functions, either throughout the State or in a specified geographical area, and shall specify the conditions under which the delegation may be exercised.

(3)  A delegation made by the Director may include a requirement to report to the Council or the Director on the performance of the function.

14.     (1)  Every Government department, statutory body and local authority shall, in regard to matters relevant to water resources^__

(a) have regard to the provisions of section 3 of this Enactment;

(b) generally co-operate with and assist the Council and Director in carrying out their functions;

(c) provide any information on water resources to the Council or Director as is required for them to undertake their functions;

(d) investigate and report on matters which are identified by the Council as relevant to the sustainable management of water resources;

(e) contribute as necessary to the development of catchment management plans; and

(f) follow policies and guidelines issued by the Council.

(2)  Without limiting the generality of subsection (1) of this section, all public authourities shall co-operate with and assist the Director in formulating and implementing plans made under this Enactment and in this regard^__

(a) develop or modify any proposals for future development, policies, plans and strategies to ensure their consistency with plans made under this Enactment;

(b) take into account such plans when undertaking their functions; and

(c)take such other action within their administration as may be necessary to implement the plans.

PART III

THE RIGHT TO WATER

15.     (1)  The Government has the right to the use and flow and to the control of the water^__

(a) in water bodies;

Co-operation with Council and Director.

Control of the use and flow of water