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 m 3 ) Annual rainfall 990 Surface runoff 566 Evapotranspiration 360 Groundwater recharge 64 Surface artificial storage 25 Groundwater storage 5000
CURRENT SITUATION ON GROUNDWATER UTILISATION WATER: Source of Public Water Supply Malaysia Groundwater (Air Tanah) (MLD) 162.3 1.20% Air Tanah (MLD) Air Permukaan (MLD) Surface Water (Air Permukaan) (MLD) 13330.6 98.80% Over-exploitation Under-exploitation
MAJOR GROUNDWATER USERS 2 states: Kelantan - public water supply system Selangor - industrial Total groundwater production in Kelantan (1990-2010)
MAJOR GROUNDWATER USERS Water resources abstraction in Selangor Location of groundwater wellfields and treatment plants In Kota Bharu area, Kelantan
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
REVIEW OF EXISTING LEGISLATION 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 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; K.Ramadas 9
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
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. K.Ramadas 15
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 Groundwater Legislation Stakeholder Participation Limited or no groundwater regulation Limited or no groundwater legislation Limited to various government agencies Little interaction between regulator and water users EIA Improvement on groundwater (with water law) Ratify law/enactment (without) water law) Improvement on gw clauses (with water law) Enact law/enactment (without) Full public participation Detailed Impact Assessment on major groundwater project
INSTITUTIONAL INSTRUMENTS THE WAY FORWARD GROUNDWATER MANAGEMENT TOOLS & INSTRUMENTS CURRENT STATUS OF DEVELOPMENT OF CORRESPONDING TOOL OR INSTRUMENT THE WAY FORWARD Awareness and Education Economic Instruments R&D Groundwater Manager Groundwater is considered an infinite and free resource Economic externalities hardly recognized (exploitation rampant) Lack incentives for industry Limited amount of R&D work Limited fund A number of agencies Increase awareness Educational curricula Recognise economic contribution of groundwater Incentives (taxes, rebates etc) Tariff Equity participation Identify R&D focus Sufficient fund Single agency as the manager at Federal and State levels
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 Establish the value of groundwater Develop/identify key research programmes Sponsor a key groundwater conference drawing scientists, resource managers and industry Best Management Practices Establishment of Linkages, Partnerships, Collaboration Awareness and educational programmes Capacity Building for water and Groundwater Professionals Demonstrate the value of the research Target Water agencies, policy makers Water agencies, R&D agencies, universities Groundwater researchers and managers, water agencies, R&D agencies, universities, policy makers Water agencies, groundwater users Water agencies, R&D agencies and corporations, universities Local authorities, schools, universities Water agencies, R&D agencies, universities 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 Socioeconomics, 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
PRIORITISED RESEARCH AREAS KARST HYDROGEOLOGY Limestone Fm in Langkawi Clearwater Cave, Mulu, Sarawak Sinkhole in Kuala Lumpur
PRIORITISED RESEARCH AREAS Artificial recharge in KL Retention of flood water to recharge groundwater
PRIORITISED RESEARCH AREAS Climate Change Projection Monthly Rainfall Anomaly (April) Monthly Rainfall Anomaly (May)
CONCLUSION Need Fund to: Institutionalise groundwater Enforce laws and regulations Carry out R&D Government, GLC, Private, NGO, Foreign THANK YOU