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not implanted into their workflow . This inclusion would require capacity building for the various levels of players .
Legislation and Enforcement The purpose of legislation is to influence human behaviour . Under the Federal Constitution , both Federal and State Governments have their specific functions in matters pertaining to water , rivers , land and forest . In general , the Federal Government is responsible for promoting uniformity in legislation , management of hydrological data from the planning to the collection stage as well as providing technical advice , including conducting required river basin management plans , surveys , studies and detailed design works . The State Government , on the other hand , is responsible for the management of water resources , including gazetting water catchment areas and controlling land development in states . Pollutants in rivers are regulated by the Environment Quality Act 1974 , Water Service Industry Act 2006 , Street , Drainage and Building Act 1974 , Local Government Act 1976 and Sewerage Services Act 1993 .
The fragmented state of water resources management was a primary cause for concern as water was managed by no less than 35 agencies . Unification of water agencies under one ministry was among the first solutions implemented and this has been in effect since 2018 . After the 2018 general election , the Department of Irrigation and Drainage , Department of Sewerage Services and the Water Supply Division were placed under the Ministry of Water and Natural Resources and subsequently under the Ministry of Environment and Water ( KASA ). With this union , the coordination of the implementation of infrastructure projects particularly at the planning and design level is expected to improve .
Limited legal authority granted to Government organisations , conflicting interests between State Governments and insufficient enforcement due to limited human resources are amongst the main factors which contribute towards poor compliance to legislation . A Federal bill designed to modernise and unify all water resource laws was mooted in 2015 but this was eventually relegated to a model law . The proposed bill , if adopted by all states , would have paved the way for the establishment of River Basin Authorities in transboundary river basins where conflicts are more complex and touch on the sovereign rights of State Governments . Nevertheless , a positive outcome of the draft bill was that it moved many states to revise their existing Water Enactments to be in line with the spirit of the proposed law .
Laws can ensure that management systems are maintained . Legislation that stipulates the need to adhere to and periodically review IRBM plans would make them influential as a reference for future planning and ensure the continuity of good practices .
Point Source Monitoring and Total Maximum Daily Load The Environment Quality Act ( EQA ) 1974 established the threshold criteria ( standards ) for discharged effluents before entering natural water bodies , assuming that pollutants would be diluted . The standards , however , do not take into account the ability of the receiving water body to dilute the pollutants . To manage discharged contaminants properly , many water scientists and engineers support a paradigm shift towards the Total Maximum Daily Load ( TMDL ) approach .
TMDL is defined as the maximum amount of pollutants a water body can receive without compromising its desired water quality standard . Controlling the amount and rate of release is a promising strategy for restoring , enriching , and maintaining the river and its habitat . Broadly speaking , TMDL sets the upper limit of pollutant entry to ensure that the receiving water body will not degrade . TMDL can be utilised as a strategy to place the IRBM approach in action and steer various Government departments , agencies , private sectors and local communities towards the same goal . Exploration and investment in real-time monitoring are worthwhile endeavours to address the concerns surrounding effluent discharge . By stipulating the river ’ s carrying capacity , determined through the TMDL approach in the existing water enactments , a mechanism for harmonising Federal and State laws could be achieved .
Inclusivity The presumption that the Government is the sole entity accountable for pollution management must be removed . As water is deemed a human right ,
12 VOL 87 JULY-SEPTEMBER 2021