LEGISLATION AND POLICY

Since 1957, the jurisdiction and legislative powers in all aspects of water are distributed between the Federal Government and the State Governments in accordance with the Legislative Lists of the Federal Constitution.

Federal List involves Hydropower, Navigation, Maritime Fisheries, Estuarine Fisheries (in the Concurrent List in the case of Sabah and Sarawak), Federal Works and Power including water supplies, rivers and canals except those wholly within one state or regulated by an agreement between States concerned.
State List involves Rivers, Public Nuisances, Rivering Fisheries and Water (including water supplies, rivers and canals if they are wholly within one state or regulated by an agreement among the States concerned), control of silt and riparian rights.
Concurrent List involves certain items that is within the jurisdiction of both the Federal Government and the State Governments. The Items are Drainage and Irrigation, Town and Country Planning (except in the Federal capital), Public Health and Sanitation (excluding sanitation in the Federal capital) and the rehabilitation of land wich has suffered soil erosion.

Matters relevant to Water Pollution are distributed among those three Lists.

LEGISLATIVE PROVISIONS

The legislations relevant to water sources and public water supply are:-

Waters Act 1920 (Revised 1989)
Geological Survey Act 1974
Environmental Quality Act 1974 (EQA)
Water Supply Enactment 1955
Safe drinking Water Act

To Water Supply Homepage

Water Act 1920 (Revised 1989)

Under the Waters Act 1929 (Revised 1989), the entire property in, and control of all rivers in any State is vested solely in the Ruler of such State. No person in any manner obstrust or interfere with any river except unter in all accordance with the terms of a licence under this Act. A licence to divert water from a river in any district for:-

may be granted by the District Officer of such district with the approval of the State Authority.

This act only applies to the states of Negeri Sembilan, Pahang, Perak, Selangor, Melaka, Pulau Pinang and the Federal Territory. For the other States there are similar provisions in the State Enactments.

[ To Water Supply Homepage ][ To Top of Page ]

Geological Survey Act 1974

The legislation governing the abstraction of groundwater is the Geological Survey Act 1974 which requires that any person who develops a well for the purpose of extracting water has to notify the Director General of the Geological Survey Department. This requirement does not apply to any well which is less than 30 feet (9.15m) in depth without reaching bedrock or yeild less than 500 gallons (2,273 l) of water per day and is used only for domestic purposes.

[ To Water Supply Homepage ][ To Top of Page ]

Environmental Quality Act, 1974 (EQA)

An act relating to the prevention, abatement, control of pollution and enhancement of the environment and for the purposes connected therewith.

Section 34A of the EQA provides powers to the Minister of Science and Technology to prescribe, by order, any activity which may have significant environmental impacts as a prescribed activity, for which a report on an assessment of the impact(s) such an activity wiil have on the environment, be submitted to the Director General of Environmental Quality for approval.

Enforcement of the provisions of Section 34A of the EQA was made possible from 1st April, 1988 with the coming into force of the Environmental Quality (Prescribed Activities) (EIA) Order, 1987. This order lists 19 categories of activities (generally sector categories) as prescribed activities, for which an EIA report is required to be submitted to the Director-General for his approval.

The following activities are "prescribed" under the Water Supply sector:

Construction of dams, impounding reservoirs with a surface area of 200 hectares or more
Groundwater development for industrial, agricultural or urban water supply of greater than 4,500 cubic metres per day

[ To Water Supply Homepage ][ To Top of Page ]

Water Supply Enactment 1955

The Water Supply Enactment 1955 empowers the State Water Supply Authorities (SWSA) to supply water to domestic and trade consumers. This enactment also empowers the SWSA to lay water mains and distribution pipes across or under any street and through or under any enclosed land making reasonable compensation for any damage done. This Enactment only applies to the States of Negeri Sembilan, Pahang, Perak and Selangor. For the other States there are similar provision in the State enactments. However in Johor the responsibility for public water supply has been handed over by the State Government to a private limited company, but the equity of this company is wholly owned by the State Government. Syarikat Air Johor Sdn. Bhd., Formerly the Johor Water Supply Department, was established under the provisions of the `Water supply (Successor Company) Enactment 1993'. Concurrently under provisions of the Johor `Water Supply Enactment 1993', a regulatory body, that is the Johor Water Regulatory Body, was established with the responsibility of enforcing provisions of this enactment. Under this enactment, Syarikat Air Johor Sdn. Bhd. has to obtain a licence to carry out the activities of public water supply. Recently on 2nd October 1995, Kelantan State Government had privatised it public water supply activities to a joint venture company called Kelantan Water (M) Sdn. Bhd.

[ To Water Supply Homepage ][ To Top of Page ]

Safe Drinking Water Act

At present the Safe Water Supply Act is using WHO criteria standards as a basis. The Ministry of Health is in the process of drafting the `Safe Drinking Water Act' to control the quality of drinking water supplied to the public. Under this Act the supply of drinking water which does not satisfy specific standards would be an offence.

[ To Water Supply Homepage ][ To Top of Page ]