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.