Sabah Water Resources Enactment 1998 (No. 6)

The present Enactment contains provisions to be applied on the State of Sabah with a view to ensuring the sustainable management of water resources and protecting the aquatic environment. It is constituted by the following Parts: (I) Preliminary; (II) Administration; (III) The Right to Water; (IV) Authorization of Water Activities; (V) Procedural; (VI) Catchment Planning and Protection; (VII) Activities in and on Water Bodies; (VIII) General.
Section 4 provides for the establishment of the Water Resources Council, whose main functions shall be: (a) to advise the Minister on the management and use of water resources; (b) to report the Minister on the condition of water resources; (c) to make recommendations for improving the quantity and quality of water for the benefits of human use, the aquatic flora and fauna and the aquatic environment, including wetlands and floodplains; (d) to adopt and review plans for the orderly and effective development of water resources. The Council membership is regulated under Section 5. Moreover, a Director or Water Resources shall be appointed by the Minister for the purpose of managing the State’s water resources and carrying out the functions specified under Section 12(2). As regards the right to water, Part III of the Enactment refers both to the control of the use and flow of water (sect. 15) and private rights to water. In particular, the State Government holds the right to control the use and flow of water (a) in water bodies, (b) occurring naturally on the surface of the ground and (c) conserved by any works. On the other hand, the owner or occupier of land or premises is entitled, free of charge and without requiring a licence, to exercise a private right to take, use and control for household and agricultural purposes (a) groundwater under the land or premises and (b) where the land or premises has frontage to a water body, water from such water body. Part IV regards those water activities for which a special licence is compulsory, such as (a) taking or using water from a water body, (b) returning water to a water body, (c) carrying out a water body alteration activity. Sections 19 to 23 concern the approval of such water activities and related imposition of conditions, duration and form of licence. The Council hereby set up shall be in charge of the drafting of management plans related to catchment (sect. 34). Particular provisions pursue the protection of rivers and shore reserves. The removal of natural vegetation or deposition of material, the erection of a structure or building as well as the carrying out of a commercial or agricultural activity is prohibited unless special approval by the Director (Section 41). The Director is also empowered to regulate by order the navigation on inland waters and the performance of recreational activities on or in water bodies, in such a manner that the safeguarding and conservation of beds, banks and shores of water bodies are orderly guaranteed and the aquatic environment properly protected. Final provisions set forth penalties (sects. 58 to 61).