The Issues towards Sustainability of Water Resource Management and the Current Governance Practice...

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Proceeding of the International Conference on Social Science Research, ICSSR 2013 (e-ISBN 978-967- 11768-1-8). 4-5 June 2013, Penang, MALAYSIA. Organized by WorldConferences.net 301 THE ISSUES TOWARDS SUSTAINABILITY OF WATER RESOURCE MANAGEMENT AND THE CURRENT GOVERNANCE PRACTICE IN MANAGING WATER CRISIS IN MALAYSIA Anis Syazwani binti Sukereman, Robiah binti Suratman, & Khadijah binti Hussin Faculty of Geoinformation and Real Estates Universiti Teknologi Malaysia Johor, Malaysia Email: [email protected] ABSTRACT There is no one could ever deny the importance of water to the life of every human being. In reality, without water either human being or countries all over the world are impossible to survive. Nowadays, water issues have always been addressed on national and international agenda. The fact that water issues especially water crisis will bring major effect or disaster to humanity and country, it starts to trigger concerns of the various parties on how to conserving and managing water resource efficiently and sustainably. Previous studies (Gopalakrishnan, Biswas and Tortajada, 2004; Asian Development Bank, 2004 and Rijsberman, 2008) agree that improving water governance is a key to solve water crisis. In Malaysia, water crisis has become a sequence in this last 3 decades starting from 1980. In addition, since Malaysia reaches their independence right over last five decades, it has undergone rapid economy, social and environmental change, in which this process is still continuing and in fact, with the mission of Malaysia to achieve status of developed countries by the year of 2020, that rapid changes are even faster. If the issue of water crisis is persistent, in what extent can we assure Malaysia will achieve sustainability of water resource management? Does it mean the governance practice that has been guiding and governing water resource management over these independent years did not succeed and need an innovative improvement? Therefore, this paper analyses the current governance that has been practicing water resource management in Malaysia and the challenges in achieving the effectiveness and sustainability of water resource management. Besides, this paper also views how Malaysia will achieve sustainability in water resource management in the perspective of water crisis. Currently, in Malaysia it is found that the governance towards achieving sustainability of water resource management especially in water crisis perspectives is not yet successful implemented by looking deeply through water law, water institution and water policy. Therefore, this paper also suggests adopting water governance practice in water resource management as other ways in managing water crisis in Malaysia. Since governance is about the system which in place to make the action towards sustainability of water resource management become possible, therefore the goal to achieve it must as par as the goal of Malaysia who is striven to achieve developed countries status by 2020. Only then, the term ‘sustainability’ will be defined correctly and meaningful to humanity and countries. Keywords: Sustainability, water resource management, water crisis, governance __________________________________________________________________________________ Introduction Water is one of four main elements of earth, while the rest are air, fire and soil. Throughout of these elements, all over the world recognize that water is precious and become the heart to humans, animals, or plants. At the same time, while water help in balancing ecosystem and the environment of this world, it also contributes to the development and socio-economic of diversity sector in the country which comprising agricultural, urbanization, industrialization and others. However,

Transcript of The Issues towards Sustainability of Water Resource Management and the Current Governance Practice...

Proceeding of the International Conference on Social Science Research, ICSSR 2013 (e-ISBN 978-967-11768-1-8). 4-5 June 2013, Penang, MALAYSIA. Organized by WorldConferences.net 301

THE ISSUES TOWARDS SUSTAINABILITY OF WATER RESOURCE MANAGEMENT AND THE CURRENT GOVERNANCE PRACTICE IN MANAGING WATER CRISIS IN MALAYSIA

Anis Syazwani binti Sukereman, Robiah binti Suratman, & Khadijah binti Hussin Faculty of Geoinformation and Real Estates

Universiti Teknologi Malaysia Johor, Malaysia

Email: [email protected]

ABSTRACT

There is no one could ever deny the importance of water to the life of every human being. In reality, without water either human being or countries all over the world are impossible to survive. Nowadays, water issues have always been addressed on national and international agenda. The fact that water issues especially water crisis will bring major effect or disaster to humanity and country, it starts to trigger concerns of the various parties on how to conserving and managing water resource efficiently and sustainably. Previous studies (Gopalakrishnan, Biswas and Tortajada, 2004; Asian Development Bank, 2004 and Rijsberman, 2008) agree that improving water governance is a key to solve water crisis. In Malaysia, water crisis has become a sequence in this last 3 decades starting from 1980. In addition, since Malaysia reaches their independence right over last five decades, it has undergone rapid economy, social and environmental change, in which this process is still continuing and in fact, with the mission of Malaysia to achieve status of developed countries by the year of 2020, that rapid changes are even faster. If the issue of water crisis is persistent, in what extent can we assure Malaysia will achieve sustainability of water resource management? Does it mean the governance practice that has been guiding and governing water resource management over these independent years did not succeed and need an innovative improvement? Therefore, this paper analyses the current governance that has been practicing water resource management in Malaysia and the challenges in achieving the effectiveness and sustainability of water resource management. Besides, this paper also views how Malaysia will achieve sustainability in water resource management in the perspective of water crisis. Currently, in Malaysia it is found that the governance towards achieving sustainability of water resource management especially in water crisis perspectives is not yet successful implemented by looking deeply through water law, water institution and water policy. Therefore, this paper also suggests adopting water governance practice in water resource management as other ways in managing water crisis in Malaysia. Since governance is about the system which in place to make the action towards sustainability of water resource management become possible, therefore the goal to achieve it must as par as the goal of Malaysia who is striven to achieve developed countries status by 2020. Only then, the term ‘sustainability’ will be defined correctly and meaningful to humanity and countries. Keywords: Sustainability, water resource management, water crisis, governance

__________________________________________________________________________________

Introduction

Water is one of four main elements of earth, while the rest are air, fire and soil. Throughout of these

elements, all over the world recognize that water is precious and become the heart to humans,

animals, or plants. At the same time, while water help in balancing ecosystem and the environment

of this world, it also contributes to the development and socio-economic of diversity sector in the

country which comprising agricultural, urbanization, industrialization and others. However,

Proceeding of the International Conference on Social Science Research, ICSSR 2013 (e-ISBN 978-967-11768-1-8). 4-5 June 2013, Penang, MALAYSIA. Organized by WorldConferences.net 302

nowadays the water issues especially water crisis have always been on national and international

agenda and received an increasing level of interest from many group of people as well as policy

maker and academic groups. The situation that worries many people is not about the world will run

out of water resources, but due to the threat of a water crisis that is still occurred until now.

According to Rijsberman (2006), when an individual does not have access to safe and affordable

water to satisfy her or his needs for drinking, washing or their livelihoods that person is having water

insecure. When a large number of people in an area are water insecure for a significant period of

time, then that area is call as having a water crisis. Due to the report from the United Nation's World

Water Development (WWDR), now almost 2 billion people from 40 countries are affected at least

due to the lack of water resources in the interim period and expected in 2050 the number of people

face water crisis will increase to 7 billion in 60 countries (WWDR, 2003).

Some researchers predict that the amount of water in the world is not enough to support life and

ecosystems which causing water crisis (Barlow, 2007; Wood, 2008) and trigger conflict (Shiva, 2002;

Barlow, 2007). Whereas, other research state that there is enough water on earth for all, even in

areas where temporary shortage may exists (www.oecd.org/water, 2013) and such claims by some

politicians, researchers and non-governmental organizations (NGOs) that the earth will lose water at

any time is not true due to the fact that water is renewable and permanently replenished through

precipitation by the hydrological cycle (Chan, 2003). Moreover, Human Development Report also

concluded, the ‘world is running out of water’ as something not in any meaningful sense (UNDP,

2006). If say so, why the issue of water crisis is still concerning people all over the world?

According to the Human Development Report (2003), a total of 1.7 billion people, representing one

third of the population in developing countries live in countries that suffer from a lack of water or

'water stress' and the number is said to be increased to reach 5 billion people in 2025 (Loo See Beh,

2004). Thus, not only resident will suffer in accessing the water, it wills also affecting development of

country. However due to the lack of water, the even worse is, it can also affect human health and

cause of death. According to the World Health Organization (WHO), globally, every 15 seconds a

child dies as a result of diarrhea disease caused by the poor sanitation and water shortages

(Zaharaton Abidin, 2004) and estimates made by the United Nations expressed 1.2 billion people do

not drink safe water, 2.5 billion lack of access to sanitation facilities and 5 million people died due to

water-borne diseases such as cholera and dysentery (Montaigne, 2002). As such, it is therefore vital

to strictly say that water resources should properly and efficiently managed, governed, protected

and conserved as to ensure it will be a long-lasting resource for future generation sustainably usage.

So, the aim of this article is to highlight the existing water resource management practice in Malaysia

and what are the challenges in achieving the effectiveness and sustainability of water resource

management. Besides, this paper also discusses how Malaysia will achieve sustainability in water

resource management in the perspective of water crisis.

Water Availability vs. Water Sustainability

Total global water can be divided into three fractions which consist 97% of salt water, nearly 2% are

in the form of ice and snow and the remaining 1% is freshwater resources (National Geographic

Society, 2007). Of these three fractions, only freshwater can be the main source of water supply to

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meet the needs of human. Even if the translated value of 1% of total freshwater resources

worldwide volume is comprised of 35 million km³, a substantial amount to sustain life on earth, but

out of these, only a small amount of freshwater ranging from surface water (such as rivers, lakes and

swamps) can be used and accessible by humans while the remaining of freshwater locked in the

form of glaciers, ice and groundwater which is difficult for people to access the resources (Gleick and

Palaniappan, 2009). Apparently, the world is certainly have a large amount of water but not all that

resources is suitable and accessible to used which make the issues and the question on whether the

world has enough water or not often debated in the global arena. As such, even the world water

availability is enough to accommodate all life on the earth, as the most vital source of life; it must

govern and manage in a holistic manner to ensure its sustainability towards water resource not only

for present life but also for future generation.

Managing and securing water resource must be one of the most challenging processes in the world

agenda. Thus, in order to ensure water resources are sufficient to meet the needs and interests of

both diversity of life in the country, the concept of sustainability have been proposed and often

discussed among the world. The idea of sustainability is not a new issues or a new concept since it

has been derived in the Brundtland Commission’s Report of Our Common Future in 1987. In the

context of water, the concept of sustainability is crucial for water resource management since the

concept is highlight the need to reflect on the long-term future as well as the present. According to

ASCE (1998) and UNESCO (1999),

Sustainable water resource systems are those designed and managed to fully contribute to the objectives of society, now and in the future, while maintaining their ecological, environmental and hydrological integrity (Loucks and Gladwell, 2008).

When discussing on water availability and its relation to sustainability, water can be a key of

prerequisite for three dimension of sustainable development which are economic, social and

environment (Gurria, 2009). The linkage between water availability and water sustainability as

shown in Table 1, illustrate that managing water resource sustainably is important to overcome an

issue of water crisis as well as achieving sustainable development in the country.

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Table 1: Relation between Sustainability and Water Availability

Element of Sustainability

Relation towards Water Availability

Significance of Water Water issues

Economic In the perspective of economic activities, water is required for domestic, agriculture and industry consumption and use.

Pollution in China is already so widespread that 21% of available surface water resources are unfit even for agriculture (2030 Water Resources Group, 2009)

The power generation, mining, semi-conductor manufacturing, and food beverage sectors are particularly exposed to water-related risks (Morgan, 2008)

Social Water is most obviously related to the issue of social development through its impacts on health. Without safe drinking water, humans cannot survive.

Almost two billion people are affected at least by temporary water shortages in over forty countries today (WWDR, 2003)

It is estimated that there are 2.5 billion cases of diarrhea every year, mostly among children under two, and that this results in 1.5 million child deaths every year, of which 88% are attribute to poor, water, sanitation and hygiene (UNICEF, 2006)

Environment Ecosystems underpin the sustainable quantity and quality of water available and it depend on water in order to function.

Africa’s lake Chad has shrunk from a surface area of 25,000 sq km in 1960 to only 2,000 sq km today (GreenBiz.com,2003)

The Aral Sea has shrinking and lost 80% of its water since the river that feed it were diverted to provide irrigation water for a burgeoning cotton industry (Tony, 2012)

Source: Author Summarization from WWDR (2003), GreenBiz.com (2003), UNICEF (2006), Morgan (2008), 2030 Water Resources Group (2009), Tony (2012)

Why go towards sustainability of water resource management in solving water crisis?

Since water is primary basis for sustaining life on Earth, it is use for satisfying human needs and

wants such as drinking, sanitation, food production and other daily routine. Besides, water also play

an important role in supporting the growth of countries in terms of urbanization, industry,

agriculture and domestic consumption. Nevertheless, there are times when there is not enough

water for all competing human uses (Heintz, 2010) and also time when ecosystem is disrupt due to

exploitation of water resources. Mouratidis et al., (2010) defined the term “exploitation of a

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region’s water resources” as activities that aim in rational exploitation of these resources within the

quantity limits of the annual fluctuation of water resources and in combination with works and

activities with the lowest cost possible, not only financially but also environmentally (European

Community (EC), 2000; Hellenic Legislation (HL), 2003, 2007; Stournaras, 2006). The water

ecosystems are under increased pressure due to human activities including urbanization, agriculture,

forestry, industry, infrastructure development plus the effects of climate change and population

growth will add further pressure.

It shows that unsustainably water resource management could have long-run consequences that are

unexpected, unintended, and undesirable. Therefore, in order to preclude the ecosystems from

significantly decreased for upcoming years, applying the concept of sustainability to water resource

management is necessary to prevent their further degradation and to restore them as much as

possible. Besides, water sustainability is really important to be considered in water resource

management since the availability and access to freshwater have been highlighted as among the

most critical natural resource issues facing the world in these recent years. As reported by UN

environmental GEO (2000), the situation of global water shortage is claim to be full-scale of

emergency status where according to UNEP (1999), ‘the world water cycle seems unlikely to be able

to adapt the demands that will be made of it in the coming decades’ (WWDR, 2003). Thus,

sustainable water resource management should be practiced to tackle the world's water crisis. We

know how worthy our water is, how vital it gives to our health and lives, countries and environment,

and how sustainable concept can help to solve the utmost problem of water resource management.

But the questions to be challenges is, how genuine will we committed in achieving it?

Malaysia Context in Achieving Sustainability of Water Resource Management

Malaysia Scenario

Malaysia is said to be blessed country since it rich of water resources with average of rainfall

contributes to an estimated 3,000mm annually and equivalent of 990 billion cubic meters of water

all over the country. Thanks to its wet humid equatorial climate and the extensive of river system

which consisting 189 river basin with 89 in Peninsular Malaysia, 78 in Sabah and 22 in Sarawak that

supply about 97% of freshwater resources for social and economic growth development in Malaysia

. However, without a sense of gratitude towards the fact that its own abundance of freshwater

resources which giving Malaysia more than 20,000 cubic meters renewable water per year

compared to other countries (as shown in Table 2 and Figure 1), yet Malaysia still have to face a

sequence of water crisis in last 3 decades from 1980 until now.

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Table 2: Water resources availability in selected Asia countries

Country Water Resources Population

Total internal renewable

water resources (km³/year)

Groundwater: produce

internally (km³/year)

Surface water:

Produce internally

(km³/year)

Total renewable per capita (m³/capita

year)

Population in 2000 (1000

inch)

Yemen 4.10 1.50 4.00 223 18,349

Jordan 0.68 0.50 0.40 179 4,913

Israel 0.75 0.50 0.25 276 6,040

United Arab

Emirates

0.15 0.12 0.15 58 2,606

South Korea

64.85 13.30 62.25 1,491 46,740

Singapore 0.60 - - 149 4,018

India 1,260.54 418.54 1,222.00 1,880 1,008,937

China 2,879.40 891.80 2,715.56 2,259 1,282,437

Japan 430.00 27.00 420.00 3,383 127,096

Thailand 210.00 41.90 189.79 6,527 62,806

Malaysia 580.00 64.00 566.00 26,105 22,218

Source: Author Summarization from UN World Water Development Report (WWDR) (2003)

Figure 1: Per capita total annual renewable water resources (TARWR) by country Source: UN World Water Development Report (WWDR) (2012)

The water crisis that hit Malaysia start from 1982 in Kedah due to water level of Pedu and Muda

dams have dropped to a critical level and effecting in cancellation of the off-season crop. In 1991,

drought in Durian Tunggal, Melaka, had caused its reservoir dried up and affected the livelihood of

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over 600,000 people. Continue in 1997 and 1998 in Kuala Lumpur and Selangor which effect

approximately 2,100 people being killed and caused at least 33 billion dollars in property damage

(Suplee, 1999 and Aini et al., 2001) also caused severe water stress in Kedah and Penang. Then, the

water crisis is continuing as a sequence when it hit Perlis which destroyed thousand hectares of

paddy in 2002. Many area also suffered from water crisis including Selangor which facing the same

situation continuously from 2002, 2007 and the latest at the end of 2012 and early 2013. At logically

thinking, as Malaysia which consist a rich amount of total water resources how come we still have to

facing the same issue of water crisis from last 3 decade until now? Doesn’t it mean that the water

crises will still continuing and the question is until when?

Arnell (2004), Kundzewicz et al., (2008), Baltas (2012) and Falkenmark (2012) agreed that climate

change will affect water availability and sustainable supply. In a case of Malaysia, since almost 97%

of the total water use originates from surface water resources (freshwater), the water supply

services are easily affected by long dry spells derived from climate change. However, water crisis in

Malaysia is actually not due to a lack of water resource since it is contrary from the fact that our

country own luxurious of water resources but it is cause by a lack of effective and sustainable

management and governance to cope with future challenge of water issues. If those issue such

climate change is concerning us towards water crisis, than we should not be fret as long the water

resource management is effectively and sustainably govern. Nevertheless, that situation is not true

and what is quite worrying us right now is there are number of experts and researchers in several

studies (Razali Ismail, 2001; Chan, 2003, 2004; Zaharaton Abidin, 2004; Biswas and Seetharam, 2008

; Ivy Ong Bee Luan, 2010 ; Biswas and Tortajada, 2010a ; Biswas and Tortajada, 2010b; Sivakumar,

2011; Siti Fadzilatulhusni Mohd Sani and Main Rindam, 2011 and Chan, 2012) have concluded that

the main factor that exacerbate water crisis is due to poor and misconduct in management of water

resources. In fact, it is also acknowledged by the World Water Vision Report (2000) that state;

“There is a water crisis today. But the crisis is not about having too little water to satisfy our

needs. It is a crisis of managing so badly that billions of people and the environment suffer

badly (William and Rijsberman, 2000).

Hewitt (1983), noted that the environmental degradation and natural disaster particular that relate

in water issues were cause by man made (Aini et al., 2001). Hence, it is clearly showed the issue of

water crisis is not due to lack of physical water resources but by human who fail to properly manage

the water resource until the impact and consequences of the issue is reflecting to their own act.

There is no one knows what will happen in the upcoming forward, but the only thing to know is we

have to prepare all the consequences that will effect us in the future by predict the challenge

regarding water issues and provide a best practice in managing and governing our water resources.

The future of Malaysian water industry is competing with many challenges since Malaysia now

strives to become a fully developed nation by the year of 2020.

The growth in population coupled with expansion in urbanization, industrialization and irrigated

agriculture put on flourish demands and pressure on water resources and at the same time being a

key indicator in determining water demand at the global level. According to Department of Statistic

Malaysia (2012) in Malaysia Population Projection 2010-2040 as shown in Figure 2, the populations

in Malaysia keep increasing with 28.6 million in 2010 and it expected by the year 2020 it will reach

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32.4 million. As a result, human becoming more demands on water resources to sustain their life

with several of economic activities (as shown in Table 3).

Figure 2: Population Projection and Annual Population Growth Rate, Malaysia, 2010–2040

Source: Population Projection Department of Statistic Malaysia (2012)

Table 3: Total Domestic, Industrial and Irrigation Demand for Peninsular Malaysia

Demand (m³/yr)/Years 1998 2000 2010 2020

Domestic 1,833 2,029 2,987 3,862

Industrial 1,260 1,454 2,592 3,561

Irrigation 7,350 7,350 6,517 6,517

Total 10,443 10,833 12,095 13,940

Source: Lim Chow Hok (2008)

Therefore, it is the time for Malaysia to prepare and organize on securing, managing and governing

towards conserving its water resources. Realizing the fact, as shown in Table 4, Malaysia have take

into consideration towards participate in several water global development agenda in order to step

forward to a prosperous and sustainable future.

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Table 4: Malaysia Involvement in Global Development Agenda

Event Sustainable

Development

Agenda

Remarks Malaysia Experience

UN Conference on Environment and Development (UNCED Earth Summit) Rio de Janeiro (1992)

AGENDA 21 Chapter 18;

Protection of the Quality and Supply of Freshwater Resources ; Application of Integrated Approaches to the Development, Management and Use of Water Resources

Protection of the Quality and Supply of Freshwater Resources in Malaysia was outlined in : (1)The Third Outline Perspective Plan, Malaysia (OPP3) 2001‐2010 (GOM, 2001)

(2)The 6th Malaysia Plan documents(MP6) 1991-1995 (GOM, 1991)

(3)The 7th Malaysia Plan (MP7) 1996-2000 (GOM, 1996)

(4) National Water Resources Policy (NWRP) (2012) (Ministry of Natural Resources and Environment, 2012)

World

Summit on

Sustainable

Developmen

t, Rio+10,

Johannesbur

g (2002)

Millennium

Development

Goal (MDG)

MDG 7 : Ensure Environmental Sustainability Target 10 : Halving the proportion of people without sustainable access to safe drinking water and basic sanitation by 2015

Malaysia is on target with the achievement on 2009 with (GOM, 2006); (1)96.8% of urban water supply coverage and 86.5% of rural water supply coverage (2) improved sanitation facility with 73% using flush and 24% using pour flush

Integrated

Water

Resource

Management

(IWRM)

‘Develop integrated water resources management and water efficiency plans by 2005, with support to developing countries, through actions at all levels

IWRM in Malaysia was outlined in ;

(1)The Third Outline Perspective Plan, Malaysia (OPP3) 2001‐2010 (GOM, 2001)

(2)The 8th Malaysia Plan (MP8) 2001‐2005

(GOM,2001)

(3)The 9th Malaysia Plan (MP9) 2006‐2010

(GOM, 2006)

(4)The 10th Malaysia Plan (MP10) 2011‐2015

(GOM, 2010)

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2nd World

Water

Forum The

Hague (2000)

World Water

Vision

Generated much debate on the World Water Vision and the associated Framework for Action

Malaysia water vision statements (Le Hui Ti

and Thierry Facon, 2001):

In support of Vision 2020 (towards achieving

developed-nation status), Malaysia will

conserve and manage its water resources to

ensure adequate and safe water for all, while

taking care of preserving the environment.

Source: Author Summarization from Government of Malaysia (GOM) Plan (1991, 1996, 2001, 2006, 2010); Ministry of Natural Resources and Environment (2012)

Challenge in Current State of Water Resource Management and how it’s governed in Malaysia Legal Framework

In the perspective of law in Malaysia, the parliament is responsible in enacting laws at federal level

while state legislators is responsible for enacting laws at the state level which mean each of state

could have their own enactment. Matters regarding water resource management fall under two

jurisdictions which are Federal Government (Center) and the State Government. In the Ninth

Schedule of the Federal Constitution, there is separation of powers in the management of water

resources between the two governments, which states all matters pertaining to natural resources

such as land, mines, forests and water are regulated under jurisdiction of the state government. This

means that the State is responsible for water supplies development, operational and maintenance.

Instead, the Federal Government will only responsible towards water supply when the dispute arises

are beyond state boundaries in the case of river basins.

In addition, Malaysia also consist variety of water related laws covering various aspects of water

resource development and management. According to Jamaluddin Md Jahi (1996) there are at least

45 environmental legislation that mostly relate to the protection of water resources such as the

Environmental Quality Act 1974 (1985), the Water Act 1920 (1989), National Land Code 1965 (2002),

Land Conservation Act 1960 (1989), Town and Country Planning Act 1976, Local Government Act

1976, Street, Drainage and Building Act 1974 (1994), Sewerage Services Act 1993 and others (Chan,

2003). By referring to figure 3, some of the laws were legislated according several levels either as

federal laws, state laws or sector specific law.

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Figure 3: Water Law and Legislation in Malaysia Source: Rahmah Elfithri (2012)

However, there are several issues that cause ineffectiveness of water related law. First is due to the

ineffectiveness of law enforcement resulting of increasing case of water and environmental

degradation. For example, the numbers of polluted rivers rise, many watersheds are destroyed with

widespread deforestation and a lot of rapid development undergo in the hillsides. In addition, the

law relating to water resources is outdated (Chan, 2012 ; Keizrul Abdullah, 2002) such as the old

Water Act 1920 which give guidelines for all state in Malaysia concerning control of river etc

whereas at present, there are plentiful other Federal and state enactment which produces a host of

relevant authorities to implement their actions. Besides, some water related law should be

reinforced with amendment and alterations such as the National Land Code which it more

concerned about land matters rather than water matters (Chan, 2004) despite both of these

resources (land and water) is located under the same legislation.

In addition, the duality in water resources jurisdiction between the state and the federal

government creates problem of leadership and authority for the conservation, planning and

management of the national resources. Due to the each state hold an exclusive right and has its

own way in managing water resource it poses Federal Government to experience a lot of limitations

in helping the states to manage water resources. Among the major issue now is through the issue of

delaying Raw Water from Pahang-Selangor (PAMPS). This is due to no solution word obtained from

negotiations between the state and the federal government for solving the water crisis which is

expected to hit Selangor in 2014 (Peter Chin Fah Kui, 2011).

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Institutional

Responsibilities towards planning, development and management of water resources project in the

country are primarily entrusted to government. However, according to Keizrul Abdullah (2002),

responsibility for managing water resources in Malaysia fall under many government agencies (Chan,

2004). There are around 21 agencies of departments and agencies include federal, state and local

governments which are involved and responsible for a particular function related to water resource.

When there are too many agencies in each state, all processes regarding water resource

management will take a longer time, and it becoming more pressure when each agency has different

objectives and vision. Furthermore, due to too many agencies that manage water resources

sometimes fragmentation and conflicts that arise between the agencies also affect the role of other

agencies.

This will be further complicated if the overlapping of jurisdiction, roles and responsibilities in

managing water is due to there is no coordination and integration between agencies. Moreover the

situation will also become conflicting when there is contradiction on provisions of environmental

law, particularly with respect to water. As consequences, the agencies will feel confused because

they do not clear who is supposedly to be responsible in water related matter and at last will cause

them from doing nothing towards that water resource responsibilities. Take one situation as

example; if in certain area there is river pollution, local authority will let Department of Environment

(DOE) to do their job because they claim that DOE have fully responsibilities towards pollution while

actually the source of the river pollution are derived from the jurisdiction of local authority control.

At last, the consequences from blaming each other agencies will left the contaminated river

untreated and left unattended on the grounds. Another situation is when a flood occurs, DID is

often to be blamed whilst the root causes may be flash floods due to urban rapid development or

sedimentation cause by earth works which fall under the responsibilities of other agencies.

There are no single agencies that entrusted to account overall responsibilities of water resource

management in the country. However, at federal level, National Water Resource Council (NWRC)

which was set up in 1998 provide the basis for an apex coordinating body at federal level that serves

as a forum for a holistic approach in the planning and management of water resource. In addition,

NWRC responsible to pursue more effective water management including the implementation of

inter-state surface water transfers and the setting up of this council came as a response to one of

the country’s major water crises that hit Klang Valley and several other areas in Malaysia in 1998.

Yet with the suggestion of this council due to some states are having financial problem managing the

administration consisting building water treatment plants and repair, the Federal Government have

proposed to undertake the administration of water management in all states including the states

power by the end of 2003. Furthermore, the Federal Government will assume all water supply debts

and liabilities from the states as the inducement (UNEP, 2000) in order to streamline the

coordination of water resource development and management. However, this will take time as

constitutional implications have to be straighten out due to the fact that it will only achievable with

the amendment of the Federal Constitution and state water-related act.

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Policies

In looking at the perspectives regarding policies of water, as well as having the diversity of laws

concerning the preservation of water resources, Malaysia also has some policies relating to water.

Policy is a plan or group of principles made by the government in order to give directions or

guidelines for a public issue. In Malaysia, policies that promoting environmental preservation at the

same time protecting water resources are shown below;

1. National Environmental Policy (2002); outlines strategies to move the direction of sustainable development and provides guidance for environment and natural resource management under the Seventh Malaysia Plan onwards.

2. National Climate Change Policy (2009); identify options and strategies to achieve a low-carbon economy and to develop inter-ministerial committee and across sectors to accelerate and facilitate the implementation of adaptation and mitigation.

3. The Third Outline Perspective Plan, Malaysia (OPP3) (2001-2010); formulate integrated river basin management plans to improve water quality and supply as well as manage water resources.

4. The 6th Malaysia Plan (MP6) (1990-1995); understanding the concept of catchment management in the planning and development of water resources and initiate the development of guidelines in identifying better use of the river.

5. The 7th Malaysia Plan (MP7) (1996-2000); established National Water Resources Council in 1998 to ensure a comprehensive approach for planning and management of water resources as well as the completion of National Water Resources Study in 2000 to determine the source and the water demand until 2050.

6. The 8th Malaysia Plan (MP8) (2001-2005); adopting Integrated Water Resources Management (IWRM) to optimize water resource management, completed a study on groundwater resources in the state of Johor, Kedah, Penang, Sabah, Sarawak and Selangor in 2002, introducing guidelines for use and installing of catchment rain water system and plan to draft National Water Policy to provide a framework for the conservation and management of water.

7. The 9th Malaysia Plan (MP9) (2006-2010); emphasizes the study towards suitability of market-based instruments, taking into account environmental costs of water pricing system, reducing water demand through tax rebates for industries who recycling water and to maintain and improve the functioning of river ecosystem restoration and maintenance through wetlands, river and riparian mitigation.

8. The 10th Malaysia Plan (MP10) (2011-2015); emphasis on long-term strategy for the management of water resources to ensure water security through the National Water Resources Policy (NWRP), and continuous effort in restructure the water services industry and protect the river from pollution.

9. National Water Resources Policy (NWRP) (2012); ensure the security of water supply in the era of economic development especially in the agriculture and industrial sectors, the growth

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of urban centers as well as the rapid increase in the population and stipulates on the basic principles of the national water resources which touched on the issue of water resources security, water resource sustainability and collaborative governance.

It has been proved that Malaysia consist numerous policy in protecting, conserving and preserving

environment particular in water resource. However the various kind of policy is meaningless if those

policies can not effectively implemented and just lay under the vision not the action. It is easy to

recognize the challenges regarding policy’s, legal or institutional weakness (Keizrul Abdullah, 2004)

namely to: achieve effective and efficient integration, maintain expertise, skills and focus of

specialized agencies, avoid creation of bureaucratic complication, develop frameworks with clear

mandates, streamline legislation, administration and procedure also ensure stakeholder

participation. However, the question that worrying is how all of these challenge are best solving?

Governance as a key component to advert water crisis and managing water resource sustainably

Looking at the main cause of the water crisis in many countries is due to the weakness and

wrongdoing in the management of water resources plus with the challenges in terms of legal

framework, institutional and policies regarding water resource, a new approach must be applied in

order to overcome the issues that may prevent country water resource becoming unsustainably

manage. So far, the measures that are often used to deal with the water crisis thus ensuring the

sustainable management of water resources and practically used in many countries including

Malaysia is through the approach of Integrated Water Resources Management (IWRM). However,

these measures have not successfully effectiveness yet as water crisis still continues to occur even

contributed the same conflict like contradiction and overlapping of jurisdiction in water institution.

In addition according to GWP (2003), among 8 countries of Southern Asia that have been surveyed

on IWRM progress planning, there is none of them making a good process since 4 of the countries

are taking some steps and the rest are in initial steps on IWRM planning (WWDR, 2006). Thus, to

ensure the IWRM that particularly use as approach for sustainability water resource management is

practical implemented in the country, some initiatives that suit with different local condition is need.

According to (Anwar Fazal, 2007) there is none approach in determining water resource

management either is success or failure in a country except by looking through governance. Hence,

governance is the key component to advert water crisis as well as helping in achieving sustainability

of water resource management. For a country to better conserve and protect its water resource, its

require in improving of water governance (Gurria, 2009) and in determining whether a country will

success or fail in their water management, governance can prove it by showing; if a country has a

bad water governance, its water resources would not be managed sustainably (Chan, 2009).

Moreover, in previous studies (Gopalakrishnan, Biswas and Tortajada, 2004 ; Asian Development

Bank, 2004 and Rijsberman, 2008) also agree that improving water governance is a key to solve

water crisis.

Water governance was accentuated during the Second World Water Forum at The Hague when the

Global Water Partnership (GWP) mentioned that “the water crisis is mainly crises of governance”

(GWP, 2000). According to UNDP, water governance refers to the range of political, social, economic

and administrative systems that are in place to develop and manage water resources and the

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delivery of water services at different levels of society (Chan, 2009). Hence, it shows governance is

about a system that in place to make the action towards sustainability of water resource

management possible and can been used mostly as umbrella concept (Tortajada, 2010) towards

IWRM.

According to Chan (2009), water governance in Malaysia can be considered successful in the sense

that water is serve to more than 95% of the population, water tariffs are some of the cheapest in the

world, the poor is not denied access and water supply is 24 hours per day. However, in the sense of

water resource management, there are still many improvement should be done especially regarding

the challenge in terms of legal, policies and water institutional. When those challenges successful be

tackled, only then Malaysia can be said will achieve sustainability in their water resource

management. Therefore, as shown in figure 3, governance practice can be the key indicator to

advert water crisis and ensure sustainability of water resource management as it help to ensure

IWRM can be applied. It also addresses the manner of regulatory policies are exercised in the

management of resources (natural, economic, and social) (Rogers et al., 2003).

Figure 3: The IWRM-Governance Nexus Source: Saftwat and Nancy (2010)

Conclusion

Since Malaysia is rich and have abundant of water resources, the need of managing it in sustainably

manner particularly in adverting water crisis is not critical as compared to other countries who have

limited of water resource. But the awareness of the possibilities challenges that will grow up in the

future couple with the pressure it gives towards our water resource at present must be considered

in a stronger effort starting from now. It is true that Malaysia has made some progress towards

managing and developing water resource in sustainable way and government is also committed in

promoting many environment protection since they realize and concerning how important and value

the water worth to the development of country. But, the desire to protect, secure, and conserve

water resource is not only for present generation but also for future and that responsibilities is one

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of major challenging task. As proven, when there is a lot of laws concerning water resource, various

of agencies that responsibility to manage water resource and also numerous of policy that guiding

country in securing our value of resources, there are still a lot of issue to be tackle particular in the

case of water crisis. It is still unclear until when Malaysia have to face the sequence of water crisis

coupled with the country now are strive moving forward to pursue a status of developed nation in

seven years from now.

Therefore, in adverting water crisis, applying the concept of sustainability in water resource

management is the best practice and should be continued implemented in our countries since it be

able to support, preserve and conserve our water resources throughout the nation. However, in

order for looking out the best solution in overcoming all challenges that might be prevent the

sustainability of water resource management, thus it is suggested that our country need to

emphasizes good governing capacity in water sector. All over the issues regarding management that

cause to water crisis, governance is utmost importance in determining whether a country will

succeed or fail in their water management. If a country has bad water governance then the water

resource will not be managed sustainably. Thus, since governance is about the system which in place

to make the action towards sustainability of water resource management become possible, the goal

to achieve it must as par as the goal of Malaysia who is striven to achieve developed countries status

by 2020. Only then, the term ‘sustainability’ will be defined correctly and meaningful to humanity

and countries.

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