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Returning Malaysia's Rivers To L - Malaysian Water Association.

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Country Focus<br />

Kuala Lumpur’s experience<br />

with water reforms<br />

by Singaravelloo Kuppusamy and Siew Hooi Tan<br />

Courtesy of NS Shah<br />

The capital of Malaysia continues to negotiate restructuring its water sector. Here is an<br />

overview of the city’s experiments with managing water supply and distribution.<br />

<strong>Water</strong> supply in Kuala Lumpur is closely linked to Selangor<br />

state through one water utility company. This<br />

is because the city of Kuala Lumpur has close historical<br />

connections with Selangor, being its capital from 1880 to<br />

1978. In 1974, Kuala Lumpur became a federal territory<br />

under the federal government.<br />

Kuala Lumpur is not large at 242 km 2 but more than half<br />

is built up. High population growth means increasing future<br />

demand for water. Kuala Lumpur is entirely dependent on<br />

Selangor for its water supply.<br />

Institutional Setting and Governance<br />

Under the Federal Constitution, state governments are<br />

responsible for water supplies. In the 1990s, structural<br />

changes in the water services industry occurred across the<br />

country with the corporatisation of water supply agencies<br />

in some states, full privatisation in others, and adoption<br />

of a dual system of public control of distribution and privatisation<br />

of water treatment services in some. Selangor<br />

opted for full privatisation.<br />

State governments were trying to upgrade and expand<br />

their water networks, turning to the Federal Government<br />

for grants or loans. Many were unable to repay the loans.<br />

A water crisis in 1998 and a National <strong>Water</strong> Resources Study<br />

in 2000 prompted the federal government to intervene<br />

directly in the state water industry. The study had recommended<br />

reforms and identified various issues such as<br />

water shortages. At that time, water supply services were<br />

managed by the respective state governments.<br />

The reforms were two-fold. First, the Federal Constitution<br />

was amended to place water services into the<br />

Concurrent List. Second, water-related agencies were<br />

consolidated and placed under federal jurisdiction.<br />

<strong>Water</strong> sources, water catchment areas and river basins<br />

remained under the control of state governments, which<br />

would receive royalties from the water utility companies<br />

and federal assistance.<br />

The management of water supply in Kuala Lumpur<br />

is in accordance with the <strong>Water</strong> Supply Act 1998, which<br />

provides for the supply and distribution of water in Kuala<br />

Lumpur. However, it merely supports all laws affecting<br />

water supply and distribution in Selangor. Two major<br />

legislations in 2006 govern the water services industry in<br />

Selangor. They are the National <strong>Water</strong> Services Commission<br />

Act 2006 (SPAN Act 2006) and the <strong>Water</strong> Services<br />

Industry Act (WSIA) 2006. The latter regulates water supply<br />

and sewerage services in Peninsular Malaysia and the<br />

Federal Territory of Labuan.<br />

Under the SPAN Act 2006, the National <strong>Water</strong> Services<br />

Commission or Suruhanjaya Perkhidmatan Air Negara<br />

(SPAN) was established in 2007 as a water regulatory<br />

body for Peninsular Malaysia and the Federal Territory<br />

of Labuan to address issues such as poor water quality,<br />

supply, NRW, leaks, pilferage, arrears in unpaid bills as<br />

well as interstate disparity in tariffs, enforcement, and<br />

performance of water utilities.<br />

SPAN is empowered to issue licences to operators and<br />

contractors, and to regulate them. Each licence is subject<br />

to renewal every three years. Each operator is required to<br />

submit a three-year rolling plan and a 30-year business<br />

<strong>Water</strong>Malaysia 19

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