Water Resources Management Laws of Malaysia

 
In Malaysia, the management of water resources is dictated by a constitutional framework where raw water (surface and underground) belongs to individual State Governments, while water supply infrastructure and services are jointly overseen by Federal and State entities.
 
The primary laws and legislative acts governing surface and underground water abstraction for the agriculture and industrial sectors include:
 

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1. Primary Surface Water Legislation
These laws govern the diversion, extraction, pumping, and obstruction of rivers, canals, streams, and lakes.
 

• Waters Act 1920 ( Act 418 )

The foundational federal law regulating river channels. Section 7 strictly dictates that no person may divert or abstract water from any public river/stream for industrial or commercial irrigation without a state-issued license. It is applied directly or adapted uniformly across Peninsular states.
 

• Irrigation Areas Act 1953 ( Act 386 )

Specifically governs surface water distribution within gazetted agricultural zones (especially paddy fields). It regulates how irrigation water is allocated, managed, and legally protected from industrial interference or theft.
 

• Drainage Works Act 1954 ( Act 354 )

Governs the construction of drainage systems in agricultural and industrial lands. It prevents land operations from disrupting local surface water flows or causing downstream contamination/flooding.

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2. Primary Underground Water (Groundwater) Legislation
These acts oversee the excavation of wells, hydrogeological mapping, and safe extraction rates of subterranean aquifers.

• Geological Survey Act 1974 (Act 129): Administered by the Department of Mineral and Geoscience (JMG). Under the Geological Survey Regulations (Notification of Well and Borehole Development) 2013, anyone digging deep tube-wells or test boreholes for agriculture or industrial manufacturing must legally notify JMG and submit hydrological reports to ensure soil stability and prevent aquifer collapse.

 

• State Mineral Enactments: Individual states pass specific local laws to charge fees on underground water used as raw processing materials in factories or large estate irrigation. 
  
  Johor Water Enactment 1921 / Water Supply Enactment
  Pahang Water Resources Enactment 2007
  Perak Water Resources Enactment
  Selangor Water Management Board Enactment 1999
  Kedah Water Resources Enactment 2008
  Sabah Water Resources Enactment 1998
  Sarawak Water Ordinance 1994

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3. State-Specific Water Resource Enactments (The Supreme Regional Authorities)
Because states hold absolute constitutional sovereignty over raw water extraction, these state-level enactments override general federal guidelines for commercial permits:
 
·       Selangor Water Management Board Enactment 1999
Empowers LUAS. Section 41 mandates that both surface and underground water extraction for commercial/industrial purposes require a water abstraction license (Lesen Abstraksi).
 

• Kedah Water Resources Enactment 2008: Gives LSANK absolute authority to license and penalize illegal pumping of rivers or aquifers for agricultural use.

 

• Johor Water Enactment 1921 / Water Supply Enactment: Grants BAJ the authority to regulate all intake pipes pulling raw surface water into industrial zones.

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4. Supporting Environmental & Service Acts
These regulations ensure that industrial or agricultural water usage does not pollute water catchments.
 

• Environmental Quality Act 1974 (Act 127)

Administered by the Department of Environment (DOE). It prevents industrial factories from discharging hazardous effluents back into surface rivers and prohibits toxic agricultural runoff (pesticides) from contaminating groundwater tables.
 

• Water Services Industry Act 2006 (Act 655)

Regulates corporate bodies that treat raw water to convert it into consumer or manufacturing utility pipelines, overseen directly by SPAN.
 

Landscape Laws of Malaysia

In Malaysia, there is no single, unified "Landscape Act". Instead, the legal and regulatory framework governing the landscape industry is woven into various federal acts, state enactments, and local government bylaws.

 

The primary legislation relevant to the Malaysian landscape industry is segregated below according to its specific function:

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1. Urban Planning & Spatial Control (Mandatory Green Space Allocations)

These acts empower local authorities to mandate that a specific percentage of land (usually 10%) must be reserved for open spaces (kawasan lapang), green areas, and recreational facilities during the development phase.

• Town and Country Planning Act 1976 (Act 172): Applicable to Peninsular Malaysia. It dictates that a developer must submit a Development Proposal Report (Laporan Cadangan Pemajuan), which explicitly includes landscape design, open space distributions, and natural typography preservation.
• Federal Territory (Planning) Act 1982 (Act 267): Governs urban planning specifically for Kuala Lumpur. Like Act 172, it legally binds developers to provision adequate open spaces and recreational parks.

 

2. Arboriculture & Urban Tree Protection (Tree Preservation Orders)

These statutory components protect mature trees from indiscriminate cutting and manage urban arboriculture practices during site clearing and construction.

• Act 172 & Act 267 (Tree Preservation Orders - TPO): Under Part VA of Act 172 and Section 35 of Act 267, local planning authorities have the power to issue a TPO.
• Prohibition: It is illegal to cut down or damage any tree with a girth exceeding 0.8 meters (Act 172) or 1.0 meter (Act 267) without written local council approval.
• Penalties: Fines can be levied heavily against landscape contractors or developers who illegally clear regulated trees.

 

3. Civil Infrastructure & Building Integration (Hardscapes & Softscapes)

These laws govern the structural, engineering, and architectural integration of landscape works within the broader built environment (e.g., retaining walls on slopes, roadside shoulders, and perimeter drainage).

• Street, Drainage and Building Act 1974 (Act 133): Regulates how public elements like walkways, pedestrian routes, and road shoulders (bahu jalan) are constructed. Landscape companies must comply with Act 133 specifications to ensure that roots do not damage underground pipes or rupture public pavements.
• Uniform Building By-Laws 1984 (UBBL): Imposes secondary regulations on landscape designs, notably emergency vehicle accessibility (Bomba access) through open plazas and structural weight limits for rooftop/skyrise gardening (green roofs).

 

4. Public Amenities & Maintenance Control (PBT Jurisdiction)

These laws grant local enforcement powers to Local Planning Authorities (PBTs like DBKL, MBPJ, etc.) to manage, maintain, and penalize illegal modifications to urban landscaping.

• Local Government Act 1976 (Act 171): Grants PBTs the authority to manage public parks, botanical gardens, and recreation spaces.
• PBT Landscape Bylaws (Undang-Undang Kecil): This is where local councils prohibit residents from planting personal herbs, fruit trees, or vegetables on public road shoulders or vacant town lands. It also enforces the controversial public practice of removing fallen leaves (organic matter) to maintain urban cleanliness.

 

5. Biodiversity Conservation & Environmental Safeguards (Macro-Landscaping)

For large-scale, rural, or highly sensitive landscaping (e.g., eco-tourism resorts, golf courses, or rehabilitation of quarry sites), ecological laws come into play.

• Environmental Quality Act 1974 (Act 127): Mandates an Environmental Impact Assessment (EIA) for mega-developments. The landscaping layout must actively prevent soil erosion and manage siltation runoffs.
• National Forestry Act 1984 (Act 313): Controls the procurement of native forest species (like the Pokok Meranti discussed previously) to ensure that trees sourced for major urban landscape works are legally harvested and do not degrade permanent reserve forests.

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Non-Statutory Framework (Crucial for Practitioners)

While not enforceable laws passed by Parliament, landscape architects and contractors in Malaysia are bound legally by:

• The National Landscape Policy (Dasar Lanskap Negara): Formulated by the National Landscape Department (JLN) to turn Malaysia into a "Beautiful Garden Nation".
• Garis Panduan Lanskap Negara: Guidelines that specify the selection of trees, minimum soil depths for tree planting, and safety buffer clearances near electric utilities (TNB).