Referable Dams Out of the 106 dams, there are 99 which are classified under referable dams( dam to be regulated) i. e. dams that are 10m or higher with storage capacity of 20,000m 3 or dams that have storage capacity of 50,000m 3 or more and are over 5m high.
Privately owned dams such as tailing dams are least known to the public and they are mostly located in isolated areas. There have been incidences of contamination to downstream areas due to stored toxic substances, including heavy metals, escaping from the tailing dams. There is a real need to bring the tailing dams under Government regulation due to the potential threat to the environment and people.
Existing Laws Related To Dam Safety
The siting of dams within the state is subject to State Government approval. Such approval may be given subject to conditions imposed by the State pursuant to various state laws including those related to town and country planning, land code, environment and natural resources, water resources, local Government and street buildings and drainage.
The Federal Government also has jurisdiction over dams, particularly in relation to the safety of workers, machinery and construction. However there is no specific federal legislation which adequately covers safety management of dam development and operation. To-date there are no specific regulations, guidelines or procedures made under Federal Legislation related to dam safety in the country.
Existing Dam Safety Management Guidelines
The current guidelines on dam safety management of dams in Malaysia i. e. Guidelines for Operations, Maintenance and Surveillance of Dams by Inter- Departmental Committee on Dam Safety was published in 1988. There is a lapse of over 27 years without any updating of the guidelines. The guidelines are merely advisory in nature and have no legal standing and lack any clout in implementation.
The Guidelines only cover operation, maintenance and surveillance of dams. A dam safety programme should cover whole life cycle of activities for a dam from planning, investigation, design, commissioning, construction, surveillance, operation and maintenance, safety review, remedial action, and emergency preparedness.
Responsibilities and Liabilities of Dam Owners, Operators and Dam Practitioners
The responsibilities and liabilities of dam owners, operators, designers and contractors and key stakeholders such as regulators, private property owners and communities downstream from dams are not defined in the existing legislation.
There are also state regulators, for example BAKAJ which has jurisdiction on dam matters and is also the owner of a numbers of water supply dams in Johor state.
Why an established dam safety management system is necessary
Dam failure can be catastrophic from which the owner, and others, would never recover as shown in such incidents over the world. It should be emphasised that dams are not ordinary structures. Dam failures can entail great financial loss to owners, disruption to public services, loss of life and extensive economic losses to downstream communities and major environmental damage.
Dams are subject to natural hazards such as earthquakes and floods that can affect the safety of dams and cannot be controlled by dam owners. Other risks, such as human error in design, construction, and operation of the dams that can affect the safety of dams, can be controlled by the dam owner.
There is a conflict of interest: it is not possible to enforce the dam safety regulations if the Regulator is also the dam owner.
Geology greatly influences structural safety, water retention and reservoir slope integrity. The quality of construction materials and dam design affect the resilience of the dam. The flood risks, seismic risks and earthquake loads may weaken the integrity of the dam. Safety issues associated with dams may be complex.
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