KDN PP 11720/4/2013 (032270)

THE

VOL.65

JANUARY-MARCH 2016

L E M B AG A J U R U TE R A M A L AY S I A

B OA RD OF E NGI NEERS MALAYSIA

INGENIEUR
M A G A Z I N E O F T H E B O A R D O F E N G I N E E R S M A L A Y S I A

Water Power

Photo courtesy of Ir. Fong Chew Chung

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EDITORIAL BOARD

LEMBAGA JURUTERA MALAYSIA

BOARD OF ENGINEERS MALAYSIA

2015-2016
PRESIDENT

EDITORIAL BOARD

BOARD MEMBERS

YBhg. Datuk Ir. Adanan bin Mohamed Hussain

YBhg. Datuk Ir. Adanan bin Mohamed Hussain

YBhg. Datuk Wira Ir. Md Sidek bin Ahmad

YBhg. Dato' Ir. Dr. Abdul Rashid bin Maidin
YBhg. Dato' Prof Ir. Dr. Hassan bin Basri
YBhg. Dato Ir. Lim Chow Hock
Ir. Prem Kumar Vasudevan
Ir. Mohtar bin Musri
Ir. Zuraimi bin Sabki
Ir. Amrullah bin Kamal
Ir. Zainal Abidin bin Saidun
Ir. Sundraraj Krishnasamy
Ir. Tan Yean Chin
Ir. Dr. Ahmad Anuar bin Othman
Ir. Ishak bin Abdul Rahman
Prof. Madya Ir. Hayati binti Abdullah
Ar. Dr. Tan Loke Mun
Sr. Nik Zainal Alam bin Hasan

ADVISOR

CHAIRMAN

YBhg Dato Prof. Ir. Dr. Hassan bin Basri

EDITOR

YBhg. Dato Ir. Fong Tian Yong

EDITORIAL MEMBERS

Prof. Ir. Dr. K S Kannan

Ir. Prem Kumar
Ir. Chan Boon Teik

PUBLICATION OFFICER

Pn Nik Kamaliah Nik Abdul Rahman

SECRETARY

Ir. Ruslan bin Abdul Aziz

REGISTRAR

Ir. Hizamul-din bin Ab. Rahman

The Ingenieur is published quarterly by the Board of Engineers Malaysia (Lembaga Jurutera Malaysia) and
is distributed free to registered Professional Engineers. The statements and opinions expressed in this
publication are those of the writers. BEM invites all engineers and readers to contribute relevant articles and
views to the Publisher.
PUBLISHER
Lembaga Jurutera Malaysia
Tingkat 17, Ibu Pejabat JKR, Jalan Sultan Salahuddin, 50580 Kuala Lumpur.
Tel: 03-2698 0590 Fax 03-2692 5017
e-mail: nikkamalia@bem.org.my
website: www.bem.org.my
DESIGN AND PRODUCTION: Inforeach Communications Sdn Bhd
PRINTER: Art Printing Works Sdn Bhd, 29 Jalan Riong, 59100 Kuala Lumpur, Malaysia

INGENIEUR
7

CONTENTS

4 Presidents Message
Announcement

5 Publication Calendar
6 Professional Practising
Certificate Update
Cover Feature

Managing Challenges in the

Mengkuang Dam Expansion
Project
15 Sea Level Rise in Malaysia

51

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- MARCH 2016
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20 Towards a Community
Based Approach in
Integrated Water Resources
Management
International Business

30 Asean Economic Community

Blueprint 2025
38 Apec Services Co-Operation
Framework 2015

74

Report

44 Malaysia as Council Member of

International Maritime Organisation
51 Malaysian Wetland Nexus With
Ramsar Convention
55 The Hashimoto Action Plan III
61 Trans-Boundary Water Co-Operation
& International Water Law

61

Engineering & Law

64 Indemnities
Engineering Features

74 Iconic Bridges & Buildings of Central

Vietnam

20

Engineering Nostalgia

80 Construction of The Gemas-Rompin

Road In 1956

44

80

PRESIDENTS MESSAGE

INGENIEUR

WATER POWER

he year 2015 ended with some important

milestones for BEM. The impact of the
amendments to the Registration of
Engineers Malaysia Act will be truly felt in 2016
when the full implementation of the registration
of PEPC (Professional Engineer with Practising
Certificate) takes place. Existing PEs who have not
accepted the offer to be registered as PEPC before
July 2016 will have to sit for the Professional
Competency Examination if they decide on a later
date to become a PEPC.
The year 2015 also marked the end of the
UN Water for Life Decade 2005 2015; the
new focus will be on the 2030 UN Agenda for
Sustainable Development. Taking cognisance of
the importance of water, this publication starts the
year with the theme Water Power. The Power of
water can be viewed from the perspective of water
as a source of energy, threat of flood, an essential
for food production, navigation and in other forms
necessary for human survival.
With Malaysia taking its seat on the
International Maritime Organization (IMO) Council
for her sixth term, the article on IMO provides
an insight into its structure and function and
its increasing role with the Maritime Silk Road
initiative spurring more shipping traffic in the seas
around Malaysia. The article on Hashimoto Action
Plan III highlights the UNs direction towards
global post-2015 goals for water, including targets
on universal access to sustainable drinking water
and improving the integrated water resources
management and water-use efficiency.
On the cultural aspects, two ancient bridges
in Central Vietnam in Hoi An and Thanh Toan
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JUNE 2013

built over canals to connect folks from both sides

illustrate the social function of the bridges beyond
their engineering function. They are symbols of
friendship and goodwill and the Thanh Toan bridge
is a gathering place for locals with the waterway as
a backdrop providing a place for relaxation while
enjoying the scenic environment.
Malaysia is also proud that six of her wetlands
are on the Ramsar Convention list of wetlands.
The article on Ramsar wetlands explains the
important ecological functions of wetlands and
highlights their economic, cultural, scientific, and
recreational value. Wetlands can be a source
of tourist income in addition to their ecological
function.
In 2016, BEM will be organizing the
International Engineering Alliance meeting from
May 30 to June 4. It will be a great global event for
the engineering professions as the chairs of the
seven Governing Groups, such as the Washington
Accord and ACPE, will gather in Kuala Lumpur
to chart the future course of the engineering
professions. The event will attract many foreign
delegates and journalists. We expect that there
will be significant press coverage on the mutual
recognition of global engineering qualifications.
2016 will be a challenging year for the
economy in general. But as it is often said, where
there are problems, there will be opportunities. It
is up to the individual to seek the right solution to
the problem to make his day.

Datuk Ir. Adanan bin Mohamed Hussain

President BEM

KDN PP 11720/4/2013 (032270)

THE

VOL.64

OCTOBER-DECEMBER 2015

L E M B AG A J U R U TE R A M A L AY S I A

BO ARD O F ENG INEERS M AL AY S I A

INGENIEUR
M A G A Z I N E O F T H E B O A R D O F E N G I N E E R S M A L A Y S I A

WasteManagement

The Ingenieur is published quarterly by the Board

of Engineers Malaysia. The following are the
themes for the coming issues.
Vol. 66 Apr June 2016
Infrastructure - Meeting Future Needs
Vol. 67 July Sept 2016
Energy for Sustainability
Vol. 68 Oct Dec. 2016
Engineering Innovation
Articles and other contributions relevant to the
themes are welcomed, but the decision to publish
rests with the Editorial Board.
Advertising inquiries are also welcomed. Please
refer to the BEM advertisement in this issue for
the latest rate card and booking form.

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ANNOUNCEMENT

PUBLICATION CALENDAR

INGENIEUR

ANNOUNCEMENT

PROFESSIONAL
PRACTISING
CERTIFICATE UPDATE
Following the passing of the Registration of Engineers (Amendment) Act 2015 by
Parliament in 2014 and gaining Royal Assent of DYMM Yang di-Pertuan Agong on
February 14, 2015, the amended Act was gazetted by the Minister of Works on February
28, 2015 and took effect on July 31, 2015.
With the coming operation of this Act, all Professional Engineers (PEs) who intend to
practise and provide professional engineering services are required to obtain practising
certificates. PEs can apply for the Practising Certificate upon passing the Professional
Competency Examination.
During the transition period, existing PEs are exempted from sitting the Professional
Competency Examination if they apply for the practising certificates before July 31, 2016.
PEs may choose to remain as PEs without the practising certificates. Both PEs and
Professional Engineers with a Practicing Certificate (PEPCs) are entitled to use the title Ir.
in front of their names.

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COVER FEATURE

MANAGING CHALLENGES
IN THE MENGKUANG DAM
EXPANSION PROJECT
By Ir. Khor Chai Huat and Ir. Lai Kim Fui, Angkasa Consulting Services Sdn Bhd
Tuan Hj. Ir. Noor Azahari Zainal Abidin, Jabatan Bekalan Air, KeTTHA
The Mengkuang Dam
Expansion
Project

Construction of the Dam and

Associated Works Stage 1
completed in July 2015 in
Penang, features a 45m high
and 2km long embankment
dam and raising the height
of the existing 1km long
embankment by 11m. The
challenges in managing risks
associated with construction
of a new dam adjacent the
existing dam, impact of
existing quarry operation,
shortage of construction
materials and other major
issues required effective
solutions.

he construction
and
associated works (contract
value of RM 607million)
under the E xpansion of
Mengkuang Dam Project is a
large scale project. The project
will increase the reservoirs
active storage from 22 to 73.5
million m3 and increased the
raw water supply capacity from
350 to 650 million litre per day.
This water source development
project is vital for the economic
development of Penang State.
The project is located in
District of Seberang Perai

Figure 1: Location Plan

Tengah, Pulau Pinang and about
40km east of Butterworth
and approximately 8km from
Bukit Mertajam. The existing
Mengkuang Dam which
forms part of the Mengkuang
Pumped Storage Scheme was
commissioned in 1985. The
existing earthfill dam is about
1 km long and 31m high (see
Figure 2). The existing dam crest
will be raised by 11m in height.
A new dam 2km in length

and about 45 m high will be

constructed at the left valley.
The new dam under the
Stage 1 works was a zoned
earthfill dam as illustrated in
Figure 3. Figure 4 shows the
new dam completed on 31st July
2015. The draw- off tower
located near the left abutment
of the dam and valve house
downstream of the draw-off
tunnel is shown in Figures 5 and
6 respectively.

INGENIEUR
Stage 2 works to raise the
existing dam crest from EL45.72
m to EL 56.60m is currently
under construction as shown
in Figure 7. The Labyrinth type
spillway is located at the right
abutment of the heightened
dam.
The Challenges

Figure 2: Existing Mengkuang Dam

Figure 3: Typical Design Section of New Dam

Figure 4: A Upstream View of New Dam Completed At Left Valley

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The
project
involves
construction of a new dam and
raising of the existing dam. It is
a large scale civil engineering
project with many stakeholders
and involves complex technical,
environmental and social
issues and construction risks.
Engineering solutions have
to overcome the physical
constraints, cost and time overrun.
After construction of the
new dam, water stored at the
existing dam will be transfered
to the new reservoir on the left
valley to enable continuity of
raw water supply to the Sg Dua
water treatment plant (WTP)
throughout the construction
period. The existing reservoir
will be emptied to facilitate
construcion works for raising the
existing dam.
Risk of construction is
high. Any mishap, especially
during foundation excavation
for the new dam will affect the
safety of the existing dam. Any
interruption of raw water supply
from the existing dam will have
serious adverse impact on the
water supply system in Penang.
Ro ck blas ting at the
commercial quarry near the left
abutment of the new dam will
affect the integrity of the new
dam. The risks of damage to the
concrete structures especially
the plastic concrete cut-off wall

and cement grout curtain during

construction are high.
The earthfill materials of
8.5 million m3 required for the
project is large. Shortage of
construction materials from the
project site will lead to import of
construction materials. Besides
higher construction cost, risk to
villagers and impact on traffic at
Bkt Mertajam will be high due to
the large number of construction
vehicles passing through.
MANAGING CONSTRUCTION
RISKS
During the course of
c on s t ru c t ion t here were
conditions which deviated from
original tender designs. The
major issues encountered were:
Impact of commercial
quarry operation on dam
construction

Risk of leakage at left

abutment of new dam
due to rock mining at
quarry

Impact of construction
activities on safety of
existing dam

Potential shor tage

of earthfill and filter
materials

Risk of Interruption to
raw water supply from
existing dam.

Figure 5: A View of Draw-off Tower Upstream of Draw-off Tunnel

Figure 6: Valve House Downstream of Draw-off Tunnel

Impact of Commercial
Quarry Operation
After construction of the new
dam commenced in 2012
ground movement s were
detected at the dam site due
to rock blasting activities at
the Weng Lee Quarry adjacent
the left abutment of dam (see
Figure 8). There was a serious
concern about damage to the

Figure 7: Raising Of Existing Dam

INGENIEUR
concrete structures especially
the plastic concrete cut-off
wall and cement grout curtain.
Questions were raised on the
allowable limits of vibration
caused by quarry operation and
the potential impact on the dam
under construction.
The blasting design of Weng
Lee quarry allowed maximum
instantaneous charge up to
640 kg. Based on the method
of analysis in Canada (Report
on Blasting Impact Assessment
for Nelson Quarry Extension,
April 2006), the peak particle
velocit y (PP V ) generated
from the existing quarry was
estimated to be 58.5 mm/s and
17.4 mm/s for buffer distance
of 200m and 500m. Both DOE
Guideline (2007) and United
States Office of Surface Mining
recommend the safe limit for
the peak particle velocity of 12
mm/s. A minimum buffer 500m
is required in order to meet the
safe limit of PPV.
The resolution of the quarry
issue had gone through a
lengthy process involving legal
and contractual matters which
required not only the inputs of
the State authorities but also
the Ministries of the Federal
Government. It was agreed by
the authorities that acquisition
of quarry land is necessary
to ensure that safety of the
dam is not compromised. The
issue could not be resolved
without the close co-operation
between Federal Government
and State Government of
Penang especially the issue
on compensation to the quarry
owners and the fund required
for the land acquisition.
Before the quarry issue was
resolved in 2014 the quarry

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operation had continued for

two years. Two seismic stations
were set up for monitoring the
vibration due to rock blasting
activities. With the co-operation
of Jabatan Minerals and
Geosains, Majlis Perbandaran
Seberang Perai and the
construction supervising team,
rocks blasting activities of the
quarry operators were brought
under control.
Risk of Leakage through
Left Abutment
By the time the project
commenced in 2012, the hill
adjacent Weng Lee Quarry was
half removed by rock blasting
at the quarry. Figure 9 shows
plan of the draw-off works at
the left abutment. Figure 10
shows the section through the
quarry. The geological mapping
in 2012 of existing quarry face
indicates that there is existence
of series of heavy jointed and
sheared zone in the rock mass
facing at the existing quarry as
illustrated in Figure 15. Concern
was raised by the consultant
that these joints and sheared
zones could be the potential
leakage paths where the future
Mengkuang reservoir will be
filled up to full supply level
EL55m. Sub-surface exploratory
boreholes were conducted at
the left abutment of the dam
adjacent the Weng Lee Quarry
In- situ permeabilit y test s
conducted showed high legion
value and leakage potential.
Three rows of cement grout
curtain at the left abutment
of the dam was implemented
with a variation order RM6.2
million in the contract to seal
leakage paths through the
joints and fracture zones in

the left abutment of the dam.

Additional 282 points of curtain
grouting were carried out from
CH88 m to CH100 m. The risk
of reservoir leakage exiting
the excavated quarry face was
therefore resolved.
Potential Shortage of
Earthfill and Filter Materials
The total volume of earthfill
materials required for the
project was in order of 8.5
million m3 .The borrow areas in
the project site excluding borrow
area 4 at the ridge between
the left and ridge valley was
estimated to provide 6.5 million
m3. It was assessed that about
2 million m3 of earthfill materials
would need to be imported from
external sources. Environmental
problems especially public
safety and heavy traffic due to
the large fleets of trucks passing
through the town areas were a
serious concern.
The ridge contained over 4
million m3 of earthfill materials
suitable for core zone and
shoulder zones of the dam. The
abstraction of earthfill materials
from the ridge at borrow 4 is
constrained by the water level
at the existing dam. Unless
storage water from the existing
dam could be lowered so that
the need to import construction
materials can be avoided, the
potential environmental issues
could not be easily mitigated.
The project required
approximately 2.5 million m3 of
filter materials. The contractor
opted for import of river sand
for the filter materials. By mid2013, the supply of river sand
became unreliable due to
shortage and dry weather which
affected the sediment transport

Figure 8: Aerial
View of Existing
Quarries and
Project Site
Boundary

Figure 9: Layout Plan of Draw-off Tunnel at left abutment of New Dam

11

INGENIEUR

Figure 10: Cross Section A-A Through Left Abutment

Figure 11: Existence of jointed

and sheared zone in the rock
mass facing at Weng Lee
Quarry

capacity of the rivers. Alternative

source of filter materials using
crushed rocks was investigated.
Large quantities of granite
boulders were available at
the dam site. The contractor
eventually invested in rock
crushing machines and set
up a filter processing plant as
shown in Figure 12. A laboratory
test (non-erosion test shown in
Figure 13) was set up for testing
the acceptability of the crushed
rocks filters.
Potential Risk to Existing
Dam

Figure 12: Rock Crushing

Machine and Filter

Figure 13: Non Erosion Filter

Test Processing Plant
6
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Construction of the new dam

and raising the height of the
existing dam involved foundation
excavation adjacent the existing
dam and at the downstream toe
of the existing dam. Due to the
reservoir water level at EL43.00
m, high water pressure gradient
exiting cut slope for foundation
excavation posed risk to the
safety of existing dam.
To mitigate the risk, it was
necessary to lower the reservoir
water level of Mengkuang

Dam from elevation EL43m to

EL34m.
The original contract was
based on the premise that the
existing reservoir storage water
must be maintained at full
supply level of EL43m to secure
water supply from the dam to
Sg Dua Water Treatment Plant
(WTP). The State Government
of Pulau Pinang was concerned
that reducing the storage water
will affect security of the water
supply system. An alternative
water source as backup at
time of water shortage was
necessary. KeTTHA sought
the agreement from Lembaga
Sumber Air Negeri Kedah
(LSANK) to release water from
Beris Dam for supply to the
Sg Dua WTP in time of need.
With the co-operation of the
State Government of Kedah,
Pulau Pinang and Federal
Government, the issue was
resolved. The reservoir water
level of the existing dam was
lowered in July 2014 to facilitate
the construction of the dam
expansion project.

Figure 14: Tender Design of Heightening of Existing Dam

Figure 15: Revised Design of Dam Heightening

Figure 16: Layout Plan of Labyrinth Spillway At Right Abutment of Heightened Dam
13

INGENIEUR
MANAGING CHANGED CONDITIONS
DURING CONSTRUCTION
The original tender design was based on the
premise that the ridge must be retained at least
EL 46m so that the original reservoir storage can
be retained. As the Penang State Government
agreed to lower the existing reservoir to EL 34m
the ridge was cut down to EL 35m. This allowed a
balancing channel to be constructed to connect
the left and right reservoir. This meant a single
draw-off works was possible. The draw-off tower at
the right valley could be omitted and replaced with
a low level draw-off. Other works such as access
bridge to the draw-off tower, extension of existing
culvert to accommodate heightening of existing
dam could be omitted.
The modification to the design described
above resulted in saving of over RM50 million
from omission of permanent works and import
of earthfill materials. Besides saving in cost and
time, it also resolved the problem of shortage
of construction materials, and mitigated the
risk of construction and potential social and
environmental problems.

CHANGE OF DESIGN
Revised Design of Dam Heightening
The tender design for raising the height of
the existing dam embankment from crest
level EL45.72m to EL56.6 m was confined to
downstream slope (see Figure 14). A new cut
off system consisted of a clay core at the raised
portion of the dam embankment, a concrete cutoff wall through the downstream slope of existing
dam terminating at bed rock and a grout curtain
below the concrete wall.
With the omission of draw-off tower and access
bridge at the upstream slope, it was feasible to
raise the dam by filling on both upstream and
downstream slopes of the existing dam. The clay
core of the raised dam was inclined and integrated
with the clay core of the existing dam (see Figure
15). The revised design educed the extent of
settlement. The chimney filter and internal
drainage system of the existing dam was retained.

6
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The revised design resulted in moving the toe

of the raised dam further away from Sg. Lembu
Road, mitigating the problem of interference with
the public road during construction.
Revised Layout of Spillway
The layout plan of the tender design of the spillway
was revised. The spillway chute was curved in order
to avoid the filled embankment of raised dam. It
was hydraulically not efficient and its construction
more complicated. The revised dam raising design
resulted in more space available at the right
abutment for a straight spillway chute which was
hydraulically more efficient (see Figure 16).

CONTRACTUAL IMPLICATIONS
RELATED TO DESIGN CHANGE
The revision of design during the construction
stage resulted in contractual claims by the
contractor on the basis of changed conditions.
However, the impact on the contract was
far outweighed by the significant saving in
construction costs and other benefits related to
technical and environmental factors. The option
of do nothing would forego the opportunity to add
value to the project.
Satisfactory execution of this major dam
project required the consultant and implementing
agency to be able to manage situations without
causing delay and cost over-run.

CONCLUDING REMARKS
Completing such a major civil engineering project
in a populated area was not an easy task. The
successful completion of the Stage 1 dam
expansion project in July 2015 demonstrates that
through the co-operation and collective effort of
the project developer, land owner, consultants and
contractors, many challenges involving technical
problems and contractual issues can be managed
and brought to completion in relatively short period
of four years. The spirit of partnership along with
the willingness to deliver are the keys to responding
to changing conditions which are inevitable in large
dam projects and water supply infrastructure.

COVER FEATURE

SEA LEVEL RISE IN

MALAYSIA
By Nor Aslinda Awang, Mohd Radzi Abdul Hamid,
E. M. Yahaya, N. & Shaaban, A. J.,

National Hydraulic Research Institute of Malaysia
(NAHRIM)

ea level rise (SLR) is attributed to ocean

thermal expansion, melting Greenland
and Antarctic glaciers and decrease in
terrestrial storage (Dasgupta et al, 2007). SLR
can have a high economic impact especially on
low lying areas, such as the destruction of assets
and disruption to economic sectors, loss of human
lives, mental health effects, or loss of plants,
animals, and ecosystems. The severity depends
on their extremes, exposure and vulnerability
(IPCC, 2012; McLean, 2009). SLR may reduce the
size of an island or a state and its infrastructure
such as, airports, roads, and capital cities, which
tend to be situated in coastal areas. Inundation,
erosion, and other coastal hazards; threaten vital
infrastructure, settlements, and facilities; and
thus compromise the socio-economic well-being
of island communities and states (Handmer et al.,
2012). SLR varies spatially hence coastal nations
need to ascertain the likely extent of local impact.
The Malaysian Study on the Impact of Climate
Change on Sea Level Rise (NAHRIM, 2010) was
conducted with the purpose of first assessing the
rates of SLR by analyzing the observed tide gauge
and satellite altimeter data around the Malaysian
coast, then determining the projection of the sea
level rise along the coast.
Due to financial constraints, the SLR Study was
conducted in several phases:-

15

INGENIEUR
Station No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20

Location
Pulau Langkawi
Pulau Pinang
Lumut
Pelabuhan Klang
Tanjung Keling
Kukup
Johor Bahru
Tanjung Sedili
Pulau Tioman
Tanjung Gelang
Chendering
Geting
Sejingkat
Bintulu
Labuan
Kota Kinabalu
Kudat
Sandakan
Lahad Datu
Tawau

Latitude
06 25' 51''
05 25' 18''
04 14' 24''
03 03' 00''
02 12' 54''
01 19' 31''
01 27' 42''
01 55' 54''
02 48' 26''
03 58' 30''
05 15' 54''
06 13' 35''
01 34' 58''
03 15' 44''
05 16' 22''
05 59' 00''
06 52' 46''
05 48' 36''
05 01' 08''
04 14' 00''

Longitude
99 45' 51''
100 20' 48''
100 36'48''
101 21' 30''
102 09' 12''
103 26' 34''
103 47' 30''
104 06' 54''
104 08' 24''
103 25' 48''
103 11' 12''
102 06' 24''
110 25' 20''
113 03' 50''
115 15' 00''
116 04' 00''
116 50' 37''
118 04' 02''
118 20' 46''
117 53' 00''

SLR Rate (mm/year)

1.9
2.3
2.1
1.3
1.3
3.0
2.3
1.2
1.8
2.6
2.2
1.3
-5.8
0.2
0.7
4.4
3.0
4.1
3.6
3.5

Table 1: The rates of sea level rise along the coast of Malaysia based on tide gauge observation data
from 1984 -2010 (Source: NAHRIM, 2010)
1. To assess the trend/pattern of sea level rise
along the Malaysian coast using observed
data and determine the rate of SLR
2. To project SLR along the coast for the years
2020, 2040, 2060, 2080 and 2100;
3. To determine critical areas that will be
impacted by the change in hydrodynamic
processes caused by SLR, such as
inundation, erosion, salt water intrusion
etc., and to determine the impact on
the coastal environment and resources.
Measures can then be proposed to
minimize economic loss.
Methodology
For the above study, recorded tidal gauge data
(1984-2010) from 20 JUPEM stations and satellite
altimetry data (1993-2010) from 30 stations
around Malaysia were independently analysed
using linear regression analysis to obtain the rates
of SLR for Malaysia coast.
The linear trends in SLR along the coast were
significantly higher for the satellite altimeter
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observations when compared with the tide gauge

observations. Uncertainties in satellite altimeter
observations are well described and there was no
missing data for these observations. Furthermore,
it was possible to correct the errors in the satellite
observations (NAHRIM, 2010).
Therefore, this study utilizes the rates
obtained from satellite altimeter data derived
from the global mean SLR projection from the
results of 49 simulations of seven coupled
Atmospheric-Oceanic General Circulation Models
(AOCGM) as the basis for assimilating future SLR
projections along the coast of Malaysia (NAHRIM,
2010).
NAHRIM (2010) noted that the spatial variation
of SLR derived from tidal gauge and satellite
altimeter data differed from that projected by
the AOGCM. Eventually, the global mean sea
level projections simulated from the AOGCM
were assimilated into the satellite altimeter
observations along the coastline (NAHRIM, 2010)
to obtain the projected sea level rise along the
Malaysian coastline.

Station
No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

Location

Latitude

Longitude

Sempadan Malaysia (Perlis) - Thailand

Sempadan P.Pinang Perak Border
Perairan Laut Andaman
Perairan Selat Melaka
Selat Johor
Perairan Mersing
Pulau Tioman
Persisiran Pantai Pekan
Cherating
Pulau Perhentian, Terengganu
Sempadan Malaysia (Kelantan) Thailand
Perairan Tumpat
Perairan Kelantan
Perairan Kuching dan Bau
Perairan Sejingkat (Sibu)
Perairan Sibu
Perairan Miri
Perairan Bintulu
Perairan Brunei
Luar Persisir Sabah - Sarawak Brunei
Luar Persisir Sabah - Sarawak Brunei
Persisiran Pantai Kota Kinabalu
Pulau Labuan
Persisiran Pantai Tuaran - Kota Belud
Teluk Marudu, Kota Marudu Kudat
Perairan Pitas
Perairan Sandakan
Laut Sulu
Perairan Lahad Datu
Perairan Tawau

6
5
1
2
3
4
5
6
7
7
7
6
7
4
2
5
6
7
6
5
4
7
6
7
6
5
5
4
3
3

100
99
104
105
104
104
104
103
103
102
101
99
99
113
110
115
116
117
118
119
119
118
119
116
115
114
113
112
111
110

SLR Rate
(mm/year)
6.08
6.45
3.87
3.68
2.88
2.73
2.78
3.46
3.49
4.29
5.20
5.70
5.02
4.74
4.00
5.37
5.23
5.06
5.57
6.28
7.00
5.25
5.64
5.17
5.27
5.11
4.84
4.51
4.13
3.82

Table 2: The rates of sea level rise along the coast of Malaysia based on satellite altimetry observation
data from 1993-2010 (Source: NAHRIM, 2010)

Table 3: Comparison between the rates of Mean SLR for Malaysian coastline and Global Mean
SLR using tide gauge and satellite altimeter (Source: NAHRIM, 2010)

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INGENIEUR

Table 4: Projections of SLR for 2100 along the coast of Malaysia (Source: NAHRIM, 2010)

Satellite altimeter
locations

Figure 1: Projected mean sea level rise at the 30 satellite altimeter locations along the coast of
Malaysia for year 2040 (Source: NAHRIM, 2010)

Sea Level Rise Findings/Predictions

Sea level rise can be projected from the linear
trend analysis of tidal gauge and satellite altimeter
data. Analysis of tidal gauge data from 1955 to
2003 around the Malaysian coast revealed a SLR
of 1.6 to 3.6 mm/year depending on location.
Satellite altimeter data became available only
from 1993 onwards and the SLR found was from
3 to 9 mm/year.

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Assimilating AOGCM output into the satellite

altimetry data, the sea level rise predicted around
Peninsular Malaysia ranged from 0.066 to 0.141
metres in 2040. For the 2100 scenario, the
average sea level rise is predicted to be 0.253
to 0.517 metres. The highest SLR is expected to
occur at the northwest coast and northeast coast.
Tables 1 and 2 show the rate of SLR along the
coast of Malaysia based on JUPEM tide gauge
data (from 1984-2010) and the rate of sea level

Figure 2: Projected mean sea level rise at the 30 satellite altimeter locations along the coast of
Malaysia for year 2100. Red circles indicate values higher than 0.4 m rise (Source: NAHRIM, 2010

rise based on satellite altimetry data (from 19932010), respectively.

Table 3 compares the Mean SLR for Malaysian
coastline and Global Mean SLR using tide gauge
and satellite altimeter data while Table 4 shows
the projections of SLR for 2100 along the coast of
Malaysia. Figures 1 and 2 indicate the projected
mean sea level rise for the Malaysian coast in the
year 2040 and 2100 respectively.
REFERENCE
Dasgupta, S., Laplante, B., Meisner, C., Wheeler,
D. and Jianping, Y. 2007. The impacts of sea
level rise on developing countries: a comparative
analysis. World Bank Policy Research Working
Paper 4136: 51 pp.
Handmer, J., Y. Honda, Z.W. Kundzewicz, N. Arnell,
G. Benito, J. Hatfield, I.F. Mohamed, P. Peduzzi,
S. Wu, B. Sherstyukov, K. Takahashi, and Z. Yan,
2012: Changes in impacts of climate extremes:
human systems and ecosystems. In: Managing
the Risks of Extreme Events and Disasters to
Advance Climate Change Adaptation [Field, C.B.,
V. Barros, T.F. Stocker, D. Qin, D.J. Dokken, K.L.
Ebi, M.D. Mastrandrea, K.J. Mach, G.-K. Plattner,
S.K. Allen, M. Tignor, and P.M. Midgley (eds.)]. A

Special Report of Working Groups I and II of the

Intergovernmental Panel on Climate Change
(IPCC). Cambridge University Press, Cambridge,
UK, and New York, NY, USA, pp. 231-290.
IPCC, 2012: Managing the Risks of Extreme
Events and Disasters to Advance Climate Change
Adaptation. A Special Report of Working Groups I
and II of the Intergovernmental Panel on Climate
Change [Field, C.B., V. Barros, T.F. Stocker, D. Qin,
D.J. Dokken, K.L. Ebi, M.D. Mastrandrea, K.J.
Mach, G.-K. Plattner, S.K. Allen, M. Tignor, and
P.M. Midgley (eds.)] Cambridge University Press,
Cambridge, UK, and New York, NY, USA, 582 pp.
McLean, R. 2009. Impacts of weather, climate and
sea level-related extremes on coastal systems and
low-lying islands. IPCC Working Group II Scoping
Meeting: Possible Special Report on "Extreme
events and Disasters: Managing the Risks". Oslo,
Norway, 23-26 May 2009.
NAHRIM, 2010. The study of the impact of climate
change on sea level rise in Malaysia (Final Report),
National Hydraulic Research Institute Malaysia:
172pp.

19

COVER FEATURE

INGENIEUR

Towards a Community
Based Approach in
Integrated Water Resources
Management
By Tan Kok Weng,
Faculty of Engineering and Green Technology
Universiti Tunku Abdul Rahman
The idea of integrated approach to water resources management was
promoted a few decades ago and the guiding principles were developed in the
1990s. Many definitions and arguments were given in different perspectives
but the answer for operational Integrated Water Resources Management
(IWRM) is still ambiguous. A more focused approach on operational IWRM
may be needed and directed to address local water problems. This article
provides an overview of IWRM and the challenges at the operational level.
This article further discusses another focus on integrated water resources
management, which recognises community user groups as the main
stakeholders community based natural resources management. This
approach has a similar philosophy to IWRM in promoting stakeholder
participation through power sharing and responsibility between Government
and local communities. However, it needs to take into account the equity
of different groups of users and partnership agreements between the
Government and the community, where the role of community should be
well defined and guaranteed. It should become the operational basis in
adopting community based management within the context of IWRM.

ue to population and economic growth,

pressure on clean water demand is
increasing in many countries. It is further
worsened by the impact of climate change
on water resources. Water-related issues
such as floods and droughts, water quality
deterioration, soil degradation and loss of
productive land have been discussed widely
in many international conferences. Directly,
global interest has been raised in adopting
an integrated water resources management

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(IWRM) approach to promote sustainable water

resources development, which moved away
from conventional approach. IWRM and water
efficiency plans by 2005 were envisaged during
the World Summit on Sustainable Development
(WSSD) in Johannesburg in 2002. Moreover,
Global Water Partnership (GWP) defined IWRM
as an approach to coordinate and develop
water, land and other related resources in a
more effective and sustainable way in order to
maximize economic efficiency and social welfare

without compromising vital ecosystems. Another

definition proposed by USAID stated that IWRM
is a participatory planning and implementation
process, based on sound science that brings
stakeholders together to determine how to meet
societys long-term needs for water and coastal
resources while maintaining essential ecological
services and economic benefits (Merrey, 2008).
GWP also suggested a set of IWRM key change
areas packaged as an IWRM toolbox. Torkil
(2004) stated that some developing countries
have started to implement IWRM by putting its
components into their national development
policies. Uganda and Burkina Faso have gone
through IWRM planning processes resulting
in new national policies, strategies and laws
for the development and management of their
water resources. The Integrated Kedah River
Basin and the Integrated Selangor River Basin
in Malaysia are pilot projects in IWRM practices.
Community-based management in Northern
Thailand is an important model demonstrating
a holistic approach to wetland management
(Trisurat, 2006). In addition, the Lower Mekong
River Basin management is a successful project
in the Southeast Asian region showcasing an
integrated approach to water governance. Four
lower Mekong Basin Governments (Thailand,
Myanmar, Laos and Vietnam) established the
Mekong River Commission (MRC) in 1995, with
a broad mandate to the equitably sharing of
resources and sustaining both the environment
and human welfare among member countries
(Tan and Mokhtar, 2009). Although there are a
number of best practice management cases for
IWRM conducted by many countries, there are
currently no appropriate ways to implement it.
The IWRM concept has been accepted as part of
international or national goals but the question is:
How to integrate different levels of stakeholder
(especially local communities) in water resource
management?
Four IWRM guiding principles were developed
at the International Conference on Water and
the Environment, held in Dublin in 1992. The
second principle was: Water Development and
management should be based on a participatory
approach It became a buzzword in every water
management related conference and the gap
between the theoretical participation framework

and its implementation is the main concern of

policy makers and researchers. The term public
participation is widely used to refer to some
aspects of local populations in the design,
implementation and evaluation of the project
and plan (Brown and Wyckoff-Baird, 1992).
Public participation has always been recognised
as a practice of stakeholder engagement.
According to the International Association for
Public Participation (IAP2), public participation is
made up of five aspects, which are Information,
Consultation, Involvement, Collaboration and
Empowerment (IPA2, 2007). These aspects have
specific goals in public participation. Effective
public engagement requires suitable platforms
to ensure that the management practices
are relevant and take into consideration local
requirements (Tan and Mokhtar, 2009). Shifting
of management power from the Government
to community groups must be done through
prescribed power sharing agreements. However,
effective public participation may require changes
to institutional arrangements to accomplish
participation goals.
This is a similar philosophy to communitybased management of natural resources which
promotes stakeholder participation through power
sharing and responsibility between government
and local resource users (McCay & Acheson,
1987). Community-based management could
be a platform to foster community participation
practice within the IWRM context.

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INGENIEUR

Characteristics of Integrated Water

Resources Management
Beginning in the 1990s, the importance and
common safeguarding vision of water resources
has been recognised globally. A series of
international conferences in water and the
environment took place, which emphasised water
sector problems and a number of approaches
to overcome the identified issues. The concept
of IWRM was formally established in these first
three events; the Global Consultation on Safe
Water and Sanitation for the 1990s in New Delhi,
1990; the International Conference on Water
and the Environment in Dublin, Ireland, 1992;
and the United Nations Conference Environment
and Development in Rio de Janeiro, 1992. Table
1 depicts the international events in promoting
sustainable development of water resources. The
fundamental principles for the concept of IWRM
were set out at the International Conference
on Water and the Environment held in Dublin in
1992. The Dublin principles were an attempt to
concisely state the main issues and thrust of water
management. The four principles are elaborated
in Table 2. The concept of IWRM contrasts with
fragmented water resources management.
Thus, the integration can be considered in two
categories which are natural systems and human
systems as shown in Table 3.
In recent years, it has become increasingly
evident that the water resources issues of a
country can no longer be addressed by single

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a water agency alone but other parties such as

private sectors, NGOs and local communities
have to be involved. In addition, there are
interconnections with other development issues
and with social issues such as poverty alleviation
and regional income redistribution (Biswas, 2004).
The cross sectoral integration of water resources
planning and development was suggested by GWP
(2004) and all of these have involved different
levels of stakeholders. Government is recognised
as the facilitator to coordinate the interconnection
between stakeholders. However, this must
be supported by an enabling environment to
coordinate Government, private sectors, NGOs
and local communities in adopting IWRM. GWP
(2003) further stated that it requires a significant
change in existing interaction between politics,
laws, regulations and institutions. Politicians
are in an influential position to trigger water
governance reformation (e.g. laws and institutions)
but lack of awareness and knowledge on the
stakeholder sides may impede effective water
governance reformation. Low (2009) stated that
one of the critical factors found hampering the
implementation of IWRM in Malaysia was the
inadequacy and under provisions of educational
and training programmes. Likewise, water
managers can only embed the IWRM process in
the country when supported by other stakeholders
such as private sectors, NGOs and local
communities. Thus, the capacity of Government
policy makers is important in making effective
changes in water governance. Capacity building

Table 1
Summary of International Events in promoting Sustainable Development of Water Resources
International events
1. Global Consultation on
Safe Water and Sanitation
for the 1990s in New
Delhi 1990;

Details

Protection of the environment and safeguarding of health through the

integrated management of water resources and liquid and solid wastes.
Institutional reforms promoting an integrated approach, including
changes in procedures, attitudes and behaviour, and the full
participation of women at all levels in sector institutions.
Community management of services, backed by measures to
strengthen local institutions in implementing and sustaining water
and sanitation programmes.
Sound financial practices, achieved through better management of
existing assets, and widespread use of appropriate technologies.

2. The International
Conference on Water
and the Environment in
Dublin, Ireland, 1992

Four IWRM Guiding Principles were formulated:

Freshwater is a finite and vulnerable resource.

Water development and management should be based on a

participatory approach.

Women play a central part in the provision, management and

safeguarding of water.

Water has an economic value in all its competing uses and should be
recognised as an economic good.

3. United Nations
Conference Environment
and Development in Rio
de Janeiro, 1992

Agenda 21 Chapter 18 Protection of the Quality and Supply of Freshwater

Resources: Application of Integrated Approaches to the Development,
Management and Use of Water Resources. The following programme areas
have been proposed for the freshwater sector:

Integrated water resources development and management;

Water resources assessment;

Protection of water resources, water quality and aquatic ecosystems;

Drinking-water supply and sanitation;

Water and sustainable urban development;

Water for sustainable food production and rural development;

Impact of climate change on water resources.

4. Millennium
Development Goals, 2002

GOAL 7 ensures environmental sustainability:

Integrate the principles of sustainable development into country

policies and programmes and reverse the loss of environmental
resources.

Halve, by 2015, the proportion of the population without sustainable

access to safe drinking water and basic sanitation.

5. World Summit on
Sustainable Development
(WSSD) , Johannesburg,
South Africa, 2002

6. Global Sustainable
Development, 2015

Johannesburg Plan of Implementation has been formulated to

promote the integration of the three components of sustainable
development (i) economic development, (ii) social development
and (iii) environmental protection as interdependent and mutually
reinforcing pillars.
A major step for calling all countries to develop integrated water
resources management and water efficiency plan by 2005, with
support to developing countries.

Goal 6: Clean water and sanitation:

Universal access to clean water and sanitation is one of 17 Global

Goals that make up the 2030 Agenda for Sustainable Development. An
integrated approach is crucial for progress across the multiple goals.

23

INGENIEUR
Table 2
Integrated Water Resources Management Guiding Principles
IWRM Guiding Principles
Freshwater is a finite and vulnerable
resource.

Details
Water is a fixed quantity in the hydrological cycle that is
required for different purposes, function and services;
therefore, should involve recognition on all the characteristics
of hydrological cycle, upstream and downstream, and the
interaction with other natural resources.

2.

Water development and

management should be based on a
participatory approach.

All stakeholders are part of the decision making process.

Participation is more than consultation to achieve the longlasting consensus and common agreement by stakeholders.

3.

Women play a central part in

the provision, management and
safeguarding of water.

Women play important role in water resources safeguarding.

The gender awareness should be promoted among decision
makers.

4.

Water has an economic value in all

its competing uses and should be
recognised as an economic good

In order to extract the maximum benefits from water

resources, there is a need to change perceptions about
water values and to recognise the opportunity costs
involved in current allocated patterns. Effective water
demand management can be achieved through economic
instruments.

1.

(Sources: GWP, 2004; GWP, 2003)

Table 3
Summary of Natural System and Human System Integration
Category
Natural System Integration

Human System Integration

Detail
Critical importance for resource availability and quality such as:

Integration of freshwater and coastal zone management;

Integration of land and water management;

Integration of green water and blue water;

Integration of surface water and groundwater management;

Integration of quantity and quality in water resources

management; and

Integration of upstream and downstream water related

interests.
Fundamentally determines the resource use, waste production and
pollution of the resources and which must also set the development
priorities, including:

Mainstreaming of water resources;

Cross-sectoral integration in national and local policy

development;

Macroeconomic effects of water development;

Integration of stakeholders in the planning and decision making;

and

Integration of water and wastewater management.

(Source: GWP, 2003)

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at both the institution and human resource levels

cannot be excluded if IWRM is to be effective and
sustainable.
The IWRM approach seeks to address
complicated problems, namely sustainable
water resources development and cross-sectoral
planning (Jeffrey & Gearey, 2006). It will be more
challenging when dealing with the uncertainty
of water-related issues such as climate change.
Such uncertainty is an unwelcome factor, where
bad decisions can lead to more serious impact
(Jeffrey, 2006). Solving the uncertainty in
resources problems requires scientific research
to identify solutions. Policy makers must able to
direct the policy and management alternatives in
order to overcome the uncertainty of water issues
with support from research institutions. Greater
emphasis on adaptive management defined as
an integrated and multidisciplinary approach to
address the uncertainty of natural resources,
is currently being promoted (Walters, 1986;
Medema and Jeffrey 2005). Reliable decision
can only be made based on the solution derived
from series of scientific procedures (Holling,
1978; Walters, 1986; McDaniels and Gregory,
2004). Medema and Jeffrey (2005) stated that
an adaptive management approach could be
applied to create a continuous integrated water
resource management cycle and address a wider
set of options in line with different local context
and situations. For example, water policy must be
able to respond to the needs and demands of a
growing population and economy, in which new
uncertainties will be more apparent in the future.
Conventionally, economic development
is separated from water development and
management. Nevertheless, population growth
and economic pressures have increased the
demand on water resources. Policy makers
have started to integrate the sustainable water
management in national development as part of
the three pillars of environmental sustainability,
social equity, and economic efficiency. Likewise,
the overlapping of these pillars cannot be avoided
in an IWRM system. Thus, it is critical to understand
how each of these pillars may be integrated.
Water resources management does not just focus
on the sustainability of water resources but also
the provision of water resources for economic
development. Water resources can be used as a

tool to alleviate community poverty. The provision

of water is generally utilised in developing
countries to maximise the benefits of economic
and social welfare. Historically, economic growth
has transformed natural resources assets into
different forms of capital. The fourth Dublin IWRM
principle is as .recognise water as economic
good (GWP, 2003). Maintaining ecosystems
services are recognised as crucial for sustainable
development that can support economic and
social development (Lafferty, 2002; OECD
2001:9). Water resources can be the essential
element in maintaining national economic
growth whether it is in supporting or provisioning
position. It should have an economic value that
individuals are able to pay for in order to obtain
services. If water is viewed as free resource,
whether it is an upstream or downstream source,
it is seldom in the short term interest of users
to voluntarily limit their consumption (Jeffery,
2006). Appropriate cost pricing system needs to
be considered in any IWRM system to gain the
benefit from water resources. In assessing the
value of water resources, decision makers have to
estimate how much individuals (or communities)
are willing to pay if water resources services were
better managed or quality improved. Likewise,
how human wellbeing would be affected if water
resources services were lost or changed. Thus,
policy makers need to identify and apply proper
economic valuation methods or tools to water
resource services so that the value of limited water
resources are properly set without compromising
social welfare.
Water is a dynamic resource. Water resources
development and management needs to adopt
a river basin or watershed focus. Planning and
development must not neglect the understanding
of the characteristics of the river basin both
from the natural and human system aspects
(Tan, 2007; Tan and Mokhtar, 2009). Water
resources planning and management involves
some activities that are related to other states.
Conventional water resources management
systems have taken political boundaries as
management guidelines. Past water management
systems that separated a river basin into different
administration bodies failed to manage the basin
in sustainable way. Examples are flood control,
stream flow modification by dams, barrages or

25

INGENIEUR
channelization; inter-basin raw water transfers
(Barrow, 1998) which depend on different sectors
and users. Likewise, river basin management
involves controlling pollutant flow, water utilisation,
and land use. All of these must be coordinated
within a river basin both on the upstream and
downstream side by considering the entire basin
ecosystem as a whole unit as well as accounting
for the impact of socio-economic interventions.
Towards Community Based Water
Resources Management
In many cases, IWRM in developed countries is
often motivated by local water-related issues
within the catchment area. Sometimes, it is
not recognised or termed as IWRM (Jeffery
and Gearey, 2006). For example, the northern
part of Thailand is a very good example where
community based on wetlands management
has been introduced by the Thai Government to
safeguard the vulnerable wetlands ecosystem
in order to maximise the local social-economic
(Trisurat, 2006). In fact, community based
natural resources management has a similar
philosophy to IWRM in promoting stakeholder
participation through power sharing management
and responsibility between Government and
local communities. For example Kakadu
National Park, the World Heritage-listed park in
Australia remains well protected by a board of
management, which has an Aboriginal majority
representing the traditional owners. This
arrangement showcases to the world how 'joint
management' can combine ancient cultures and
modern practices. It shows a paradigm shift from
Governmental based management to community
based management. Resources management
is more effective when local stakeholders have
shared rights in making decisions on benefits
and resources uses (Castro and Nielsen, 2001).
Local participation is related to the need for
decentralisation in lower levels of water resources
planning and development. In this article, we
argued that the format of decentralisation is not
only transferring power from single Government
department to other departments or agencies
but also shifting administrative power to different
local stakeholders such as local authorities
and communities. The innovative idea for the
decentralisation of Government functions is to put
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Characteristics of IWRM

The IWRM process needs to integrate the

different roles of stakeholders in the different
stages of a water resources management
system. Central Government plays the role
of policy development and planning, and
communities have to cooperate with the
Government in water resources development
and utilisation.
Implementation of an IWRM system must be
supported by sufficient training to enhance
the capacity of officials and communities to
participate in water resources planning and
development activities
IWRM is related to adaptive management
framework and economic tools of resources
valuation.
Recognition of a river basin as a whole unit
in an adaptive management system.

decision making in the hands of interested groups,

who are well informed and able to make decisions.
In order to manifest long term decentralisation
practices, local communities need to be granted
power legally in decision making to safeguard
and control water resource utilisation. However,
local communities are not able to address any
complicated resource issues alone. Thus, they
can only be implemented through creating
partnerships among Government agencies, NGOs
and local communities. The meaning of partnership
is viewed as authority power and responsibility,
information and knowledge sharing (Government
and local groups) for the management of specific
areas or natural resources. Local communities
are always recognised as guardians of their
surrounding environment due to their knowledge
and skills. Raising local participation can enhance
the efficiency and perhaps the social equity of
water resources management. The necessary
capacity building programmes, including
adequate information for local groups must be
provided where they do not have the confidence to
participate in the discussion and decision making
process. Finally, efficient decisions can only
be made based on knowledge and data shared
among the stakeholders as well as through long
term partnership (Rusnak, 1997; Shelder and
Bernardo, 2005).

Community based management is most

likely to solve uncertainty issues of natural
resources. Carlsson and Berkes (2005) argued
that community based management has potential
to become a governance system consisting of
networks among different levels of stakeholders
and directs attention to the process of problemsolving. On the other hand, the adaptive
management approach has also been suggested
to address the complexity and uncertainty problem
(Fennell et al., 2008). Armitagea et al. (2008)
stated that the strength of adaptive community
based management is that it links groups and
fosters knowledge synthesis across vertical
(local, regional, national) and horizontal (local
organisation to local organisation) scales. Local
communities have different site knowledge, local
experience and approaches towards resources
management to address the complexities
and challenges of water resources conditions
as well as uncertainty (Snelder and Persoon,
2005). Learning by doing, experimentation, and
collaboration among stakeholders is an important
outcome of the adaptive and collaborative

management process for natural resources, in

which an integrated approach is developed both
horizontally and vertically.
Although there are different emphasis,
conceptualization of IWRM and community based
management have some common underpinnings.
For better visualisation, the similar characteristics
listed below are shown in Figure 1.

Participatory approach and recognise

different roles of stakeholder management
system.

Adaptive governance and management

is applied to deal with uncertainty and
dynamic issue.

Stakeholders capacity built-up to

strengthen an efficient and confident
decision making.

Economic valuation of natural resources.

Conclusion
In looking beyond the conventional concept of
IWRM, effective operational IWRM always requires
the understanding of local conditions and its human
needs (demand and cultural). Policy makers need

Figure 1
Characteristics of IWRM and community based natural resources management approach
Integrated water
resources management

Water resources
management should be
applied at river basin

Recognise and apply

reliable economic
instruments

Adaptive water
governance

Capacity built-up

Economic valuation

Adaptive
management

Social capital
building

Recognise different roles

of stakeholders in water
resources management

Partnership; power and

responsible sharing

Community natural
resources based
management
27

INGENIEUR

to identify the local water issues and interest from

all the different types of stakeholders before they
can be implemented effectively. Community based
management was suggested as an operational
model of IWRM because it purports to address the
integration of stakeholders. However, policy makers
are required to take note of the equity of different
user groups and any partnership agreements
between Government and communities, where the
role of the community should be well defined and
guaranteed.
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EcoClean Technology

EcoClean Technology Sdn Bhd

Tan, K.W. (2007) The Status of Water

Resources Management in Pahang River Basin
within the Context of Integrated Water Resources
Management. MSc thesis. Universiti Kebangsaan
Malaysia, Bangi, Malaysia.
Tan, K.W. and Mokhtar, M.B. (2009) An
Appropriate Institutional Framework Towards
Integrated Water Resources Management in
Pahang River Basin, Malaysia. European J.
Scientific Research.Vol.27, No. 4, pp.536-547.
Torkil, Jnch-Clausen (2004) Integrated
Water Resources Management (IWRM) and Water
Efficiency Plans by 2005Why, what and how?
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Trisurat, Y. (2006) Community-based Wetland
Management in Northern Thailand. International
Journal of Environmental, Cultural, Economic and
Social Sustainability.Vol.1, No.2, pp.49-62.
Walters, C. (1986) Adaptive Management of
Renewable Resources. McGraw Hill, New York.

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29

INTERNATIONAL BUSINESS

INGENIEUR

ASEAN Economic
Community Blueprint 2025
By Lim Tau Wee

t was a historic moment for Malaysia when she

took the ASEAN chair in 2015; the year the
ASEAN Economic Community Blueprint 2025
was adopted by the ASEAN Leaders at the 27th
ASEAN Summit on November 22, 2015 in Kuala
Lumpur, Malaysia. The Blueprint provides broad
directions through strategic measures for the
AEC from 2016 to 2025. Along with the ASEAN
Community Vision 2025, and the ASEAN PoliticalSecurity Community (APSC) Blueprint 2025 and
the ASEAN Socio-Cultural Community (ASCC)
Blueprint 2025, the AEC Blueprint 2025 forms
part ofASEAN 2025: Forging Ahead Together. It
succeeded the AEC Blueprint 2008 -2015 which
was adopted in 2007.
Under AEC 2015, ASEAN has made good
progress in putting in place key frameworks and
other fundamentals that are imperative for the
effective functioning of the economic community.
The 47th ASEAN Ministerial Meeting acknowledged
that 91.5% or 463 out of the 506 prioritised
measures under the AEC Blueprint have been
implemented. ASEAN has become a huge market of
US$2.6 trillion and over 622 million people. In 2014,
AEC was collectively the third largest economy in
Asia and the seventh largest in the world.
ASEAN 2025
The ASEAN Ministers, at the conclusion of their
meeting, announced that:
By 2025, the AEC is envisioned to be
highly integrated and cohesive; competitive,
innovative and dynamic, with enhanced
economic connectivity as well as integration
and co-operation across sectors, while
fostering a more resilient, inclusive, and
people-oriented, people-centred community
that is integrated into the global economy .
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Small and Medium Enterprises (SMEs) will

remain as one of the key stakeholders in ASEAN
integration and in support of its role, the ministers
recognised the continuing efforts to improve
SMEs access to information, markets, finance
and human capital development.
The AEC Blueprint 2025 consists of five interrelated and mutually reinforcing characteristics,
namely:
1. A Highly Integrated and Cohesive Economy;
2. A Competitive, Innovative, and Dynamic
ASEAN;
3. Enhanced Connectivity and Sectoral Cooperation;
4. A Resilient, Inclusive, People-Oriented, and
People-Centred ASEAN; and
5. A Global ASEAN.
The AEC Blueprint 2025 sets out the
strategic measures under each of the five
characteristics of AEC 2025. To operationalize
the Blueprint, these strategic measures will
be further elaborated in and implemented
through the work plans of various sectoral
bodies in ASEAN. The sectoral work plans will
be reviewed and updated periodically to ensure
their relevance and effectiveness. Partnership
arrangements with the private sector, industry
associations and the wider community at the
regional and national levels will also be actively
sought and fostered to ensure an inclusive and
participatory approach to the integration process.
Institutions will be strengthened, enhanced
approaches to monitoring and public outreach
will also be developed to support the effective
implementation of the Blueprint.
The AEC Blueprint 2025 will lead towards an
ASEAN that is more proactive, putting in place
structures and frameworks to operate as an

economic community, cultivating its collective

identity and strength to engage with the world,
responding to new developments, and seizing
new opportunities. The new Blueprint will not only
ensure that the 10 ASEAN Member States are
economically integrated, but are also sustainably
and gainfully integrated in the global economy,
thus contributing to the goal of shared prosperity.
The AEC 2025 is envisioned to:
(i) Create a deeply integrated and highly
cohesive ASEAN economy that would
support sustained high economic growth
and resilience even in the face of global
economic shocks and volatilities;
(ii) Engender a more equitable and inclusive
economic growth in ASEAN that narrows
the development gap, eliminates, if not
significantly reduces poverty, sustains
high growth rates of per capita income,
and maintains a rising middle class;
(iii) Foster robust productivity growth through
innovation, technology and human
resource development, and intensified
regional research and development that
is designed for commercial application
to increase ASEANs competitive edge
in moving the region up global value

chains (GVCs) into higher technology and

knowledge-intensive manufacturing and
services industries;
(iv) Promote the principles of good governance,
transparency, and responsive regulatory
regimes through active engagement with
the private sector, community-based
organisations, and other stakeholders of
ASEAN;
(v) W i d en A SE AN p e o p le - to - p e o p le,
in s t i tu t io n al, and infr a s t r u c ture
connectivity through ASEAN and subregional cooperation projects that
facilitate movement of capital as well as
skilled labour and talents;
(vi) Create a more dynamic and resilient
ASEAN, capable of responding and
adjusting to emerging challenges through
robust national and regional mechanisms
that address food and energy security
issues, natural disasters, economic
shocks, and other emerging trade-related
issues as well as global mega trends;
(vii) Incorporate a sustainable growth agenda
that promotes a science-based use of, and
support for, green technology and energy;
(viii) Promote the use of the ASEAN Protocol on
31

INGENIEUR

ASEAN

Economic Community
at a Glance
ASEAN Economy
A Highly Competitive Economic Region
With a combined GDP of US$2.6
ASEAN economy was
the
the

trillion in 2014,

7th largest in the world

3rd largest in Asia

and

ASEAN FDI
A World Class Investment Destination
ASEAN attracted

US$136 billion

in FDI in 2014, accounting for 11% of global

FDI inflows, up from only 5% in 2007

ASEAN Population
A Region Fully Integrated Community
In 2014, ASEAN was
the

market in the world

3rd largest
with 622 million people
behind only China and India

ASEAN Connectivity
A More Connected Community
Annual tourist arrivals were up from 62 million in
2007 to 105 million in 2014, almost half of which
were

intra-ASEAN

The rate of Internet subscription more than doubled

from 11.8 per 100 inhabitants in 2007 to 28.6 in 2014

ASEAN Trade
A More Integrated Market
Total trade increased by nearly

US$1 trillion

between 2007 and 2014, with intra-ASEAN trade

comprising the largest share of ASEAN's total
trade by partner.

one vision
one identity
one community

Enhanced Dispute Settlement Mechanism

(EDSM) and develop other approaches to
speed up economic dispute resolution;
(ix) Reinforce ASEAN centrality in the
emerging regional economic architecture
by maintaining ASEANs role as the centre
and facilitator of economic integration in
the East Asian region; and
(x) Work towards a common position and
enhance ASEANs role and voice in global
economic fora.
Facilitating Movement of Skilled Labour
and Business Visitors
The objective of facilitating the movement of skilled
labour in ASEAN began with Mutual Recognition
Arrangements (MRAs) that allow practitioners
in eight professions to practice in other ASEAN
Member States through mutual recognition
of their qualifications and, where appropriate,
through the implementation of the ASEAN
Qualifications Reference Framework (AQRF), for
which referencing by the ASEAN Member States
is voluntary, to support lifelong learning and
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enhance recognition and the ASEAN Agreement

on Movement of Natural Persons (MNPs). These
arrangements aim to facilitate the temporary
cross-border movement of natural persons and
business visitors engaged in the conduct of trade
in goods, trade in services, and investment.
Strategic measures include the following:
(i) Expand and deepen commitments under
the ASEAN Agreement on MNPs where
appropriate; and
(ii) Reduce, if not standardise, documentation
requirements.
If necessary, ASEAN will consider further
improvements to existing MRAs and consider the
feasibility of additional new MRAs to facilitate the
mobility of professionals and skilled labour in the
region.
Enhancing Participation in Global Value
Chains
The broader objective of becoming a highly
integrated and cohesive economy is to enhance
the regions participation in GVCs. The benefits
entailed from deep regional integration include

better realisation of economies of scale, collective

efficiency and the organic formation of regional
innovation systems.
Regional value chains are not mutually
exclusive from GVCs. However, the development
and strengthening of regional value chains, as
facilitated by the formation of a highly integrated
and cohesive economy, is a key way to enhance
ASEANs GVC participation but is not an
alternative.
For newer ASEAN Member States, participation
in regional value chains can also act as a stepping
stone to their integration into GVCs. For more
developed ASEAN Member States, becoming
leaders in regional value chains is a stepping
stone towards leading at the global level.
The other elements in Characteristics 1 and
2 could contribute to enhancing ASEAN Member
States GVC participation either through the
removal of formal restrictions (market access
and discriminatory measures) or better trade
facilitation and regulatory coherence. A more
strategic approach to GVCs can also be pursued
through specific initiatives such as:
(i) Regional branding, road shows and other
joint marketing strategies;
(ii) Trade facilitation initiatives focusing on
both imports and exports;
(iii) Harmonisation with international
standards and support capacity building
for standards compliance;
(iv) Better information sharing; and
(v) Greater focus on connectivity, lessening
the trade restrictive effect and cost of
non-tariff measures (NTMs), and domestic
regulatory reform.
Sustainable Economic Development
ASEAN recognises the importance of sustainable
economic development as an integral part of
the regions growth strategy. Protection of the
environment and natural resources supports
economic growth and vice versa. ASEAN will
actively promote green development by developing
a sustainable growth agenda that promotes the
use of clean energy and related technologies,
including renewable energy through green
technology, as well as enhances sustainable
consumption and production and including it in
national development plans.

Strategic measures include the following:

(i) Foster policies supportive of renewable
energ y and set collective targets
accordingly;
(ii) Develop a framework to support the
deployment and utilization of efficient
and low carbon technologies, and call for
international support to ensure ASEAN
access to mechanisms that foster low
carbon technologies more affordably;
(iii) Promote the use of biofuels for
transportation. This includes ensuring
free trade in biofuels within the region and
investment in R&D on third-generation
biofuels;
(iv) Enhance connectivity within ASEAN,
including through multilateral electricity
trade under the framework of the ASEAN
Power Grid (APG) and greater liquefied
natural gas (LNG) co-operation under the
Trans-ASEAN Gas Pipeline (TAGP);
(v) Identif y infrastructure investment
requirements to increase production and
reduce post-production losses to meet
projected future demand and ensure
food security, review existing investment
programmes and address investment
needs in the food and agricultural sectors;
(vi) D e v e l o p n e w a n d a p p r o p r i a t e
technologies, best practices and
management systems to ensure food
safety and address health/disease and
environmental issues, particularly in the
fast growing aquaculture, livestock and
horticulture sub-sectors;
(vii) Promote good agriculture practices to
minimise the negative effects on natural
resources such as soil, forest and water,
and reduce the greenhouse gas emission;
and
(viii) Promote forest management involving the
community living within and surrounding
the forest for the sustainability of the
forest and prosperity of the people.
Global Megatrends and Emerging TradeRelated Issues
To sustain and enhance the regions economic
dynamism, and be a progressive region with a high
quality of life, the AEC Blueprint 2025 will include
33

INGENIEUR
the formulation of appropriate strategies on global
megatrends and emerging trade-related issues.
ASEAN will need to engender and maintain an
industrial relations environment that facilitates,
as smoothly as possible, investing in workers and
firms as learning centres for industrial upgrading,
and managing labour adjustments in integrating
ASEAN. This may involve deepening the social
dialogue process of shared responsibility and
enhanced synergy among firms, workers and the
government to ensure greater competitiveness,
dynamism and inclusiveness of ASEAN Member
States.
ASEAN can further maximise the benefits
of regional integration and co-operation by
capitalising on global mega trends, such as the
expanding inter-connected global cross-border
flows and accelerating technology and digital
advancements that are increasingly defining
international production, trade, services and
investment. To enable ASEAN to seize the
opportunities associated with these mega trends,
all sectoral working groups will need to proactively
consider the impact of these trends and integrate
them into their future work programmes.
Consultations with relevant stakeholders in such
undertakings will be imperative as they are often
at the forefront of these trends.
Enhanced Connectivity and Sectoral Cooperation
The main objectives of this characteristic are to
enhance economic connectivity in the transport,
telecommunication and energy sectors, in line
with and in support of the vision and goals of the
Master Plan on ASEAN Connectivity (MPAC) and
its successor document, as well as to further
integrate and co-operate in key sectors that
complement existing efforts towards creating
an integrated and sustainable economic region,
with the aim to maximize their contribution in
improving the overall competitiveness of ASEAN
and strengthening soft and hard networks in the
region.
Transport
The AEC 2025 vision for transport co-operation
will be towards greater connectivity, efficiency,
integration, safety and sustainability of ASEAN
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transport to strengthen ASEANs competitiveness

and foster regional inclusive growth and
development.
It is envisaged that ASEAN transport cooperation will have to remain focused in the areas
of land transport, air transport, maritime transport
and transport facilitation, and to embrace
sustainable transport as a new key sectoral focus
as it has a vital role to play in the sustainable
development of the ASEAN region.
Strategic measures include:
Land transport: Establish an efficient, safe
and integrated regional land transport network
within ASEAN and with the neighbouring countries
to support the development of trade and tourism,
through the following key measures:
(a) Achieve land transport infrastructure (road
and railway) integration and inter-modal
inter-connectivity, with principal airports,
ports, and inland waterway and ferry links;
and
(b) Promote concerted and co-ordinated
efforts at policy and operation levels
to develop ASEAN land transport trade
corridors.
Air transport: Strengthen the ASEAN Single
Aviation Market (ASAM) for a more competitive
and resilient ASEAN, through the following key
measures:
(a) Advance safer and more secure skies in
ASEAN;
(b) Enhance air traffic management efficiency
and capacity through a seamless ASEAN
sky; and
(c) Foster greater connectivity, including the
conclusion of aviation agreements with
Dialogue Partners.
Maritime transport: Establish an ASEAN
Single Shipping Market (ASSM) and promote
maritime safety, security and strategic economic
corridors within ASEAN, through the following key
measures:
(a) Continue to streng then maritime
connectivity within ASEAN through the
establishment of ASSM regional maritime
transport co-operation and effective
implementation of the International
Maritime Organization (IMO) conventions
towards realising an integrated, efficient
and competitive maritime transport

sector, including fostering a culture of

maritime safety within ASEAN; and
(b) Develop strategic maritime logistic
corridors.
Transport facilitation: Establish an integrated,
efficient and globally competitive logistics and
multimodal transportation system, for seamless
movement of passengers by road vehicles and
cargos within and beyond ASEAN, through the
following key measures:
(a) Operationalise the ASEAN Framework
Agreement on the Facilitation of Goods in
Transit (AFAFGIT), the ASEAN Framework
Agreement on the Facilitation of InterState Transport (AFAFIST), and the ASEAN
Framework Agreement on Multimodal
Transport (AFAMT);
(b) Operationalise the ASEAN Framework
Agreement on Facilitation of Cross-Border
Transport Passengers by Road Vehicles
(CBTP); and
(c) Enhance capacity and skills development
to further progress regional transport
facilitation co-operation as well as
transport facilitation beyond ASEAN.

Sustainable transport: To formulate a regional

policy framework to support sustainable transport
that includes low carbon modes of transport,
energy efficiency and user-friendly transport
initiatives, integration of transport, and land-use
planning.
The above measures will prove that by
expanding economic opportunities and services,
and providing people with access and mobility,
transport contributes to inclusive growth of new
business opportunities, including micro and small
enterprises (MSMEs), and is a key enabler for the
attainment of full potential of regional economic
integration.
E-Commerce
Global electronic commerce (e-Commerce) has
become an increasingly vital element of the
global economy as part of a retailers multichannel strategy. In a globalised world interconnected through ICT, e-Commerce plays a
key role not only in cross-border trade, but also
in facilitating foreign investment through the
supply of intermediary services. E-Commerce
has significantly lowered barriers to entry and
35

INGENIEUR
operating costs for businesses, and is particularly
beneficial for MSMEs.
In view of these potential contributions of
e-Commerce to support regional economic
integration in ASEAN, ASEAN shall intensify
cooperation on e-Commerce building upon Article
5 of e-ASEAN Framework Agreement adopted by
ASEAN Leaders in November 2000, with a view to
develop an ASEAN Agreement on e-Commerce to
facilitate cross-border e-Commerce transactions
in ASEAN. These could include, but are not limited
to, strategic measures such as putting in place the
following:
(i) Harmonised consumer rights and
protection laws;
(ii) Harmonised legal framework for online
dispute resolution, taking into account
available international standards;
(iii) Inter-operable, mutually recognised,
secure, reliable and user friendly
e -identification and authorisation
(electronic signature) schemes; and
(iv) Coherent and comprehensive framework
for personal data protection.
Energy
With a strategic theme Enhancing energy
connectivity and market integration in ASEAN
to achieve energ y security, accessibility,
affordability and sustainability for all, the ASEAN
Plan of Action for Energy Co-operation (APAEC)
2016-2025 will be implemented in two phases,
namely, Phase I from 2016-2020 and Phase II
from 2021-2025. Strategic measures include the
following:
ASEAN Power Grid (APG): Initiate multilateral
electricity trade in at least one sub-region in
ASEAN by 2018;
Trans-ASEAN Gas Pipeline (TAGP): Enhance
connectivity within ASEAN for energy security
and accessibility via pipelines and re-gasification
terminals;
Coal and Clean Coal Technology: Enhance
the image of coal in ASEAN through promotion of
clean coal technologies (CCT) as well as increase
the number of CCT projects by 2020;
Energy Efficiency and Conservation: Reduce
energy intensity in ASEAN by 20% as a mediumterm target in 2020 and 30% as a long-term target
in 2025, based on 2005 level;
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Renewable Energy (RE): Increase the

component of RE to a mutually agreed percentage
number in the ASEAN Energy Mix (Total Primary
Energy Supply) by 2020;
Regional Policy and Planning: Better profile
the ASEAN energy sector internationally through
an annual publication on ASEAN Energy Cooperation; and
Civilian Nuclear Energy: Build capabilities
on nuclear energy, including nuclear regulatory
systems, amongst officials in ASEAN Member
States.
Strengthening the Role of Micro, Small, and
Medium Enterprises
MSMEs are the backbone of the ASEAN
economies. However, globalisation, advances
in technologies and communications, trade
liberalisation and the evolution of the production
processes pose challenges which need to be
better addressed as ASEAN continues to deepen
its economic integration. Work has to be focused
mainly on enhancing networking, information flows
and capacity building for Government agencies
working on issues and capabilities building in
the following dimensions: access to finance,
technology and innovation, markets, human
resource development and enabling policy and
regulatory environment.
A more structured and targeted MSME
programme will be instituted to enhance MSME
competitiveness, resilience and to enable greater
benefits from ASEAN integration. Initiatives
towards an improved conducive policy environment
for MSMEs and enhanced market-related
measures are required to support these objectives,
and to drive MSME productivity and innovation as
well as inclusive and equitable development, and
gender opportunities for micro enterprises and
SMEs. In meeting these aspirations for a globally
competitive and innovative MSME sector that is
seamlessly integrated into the ASEAN community
and contributes to inclusive development, the
following strategic measures will have to be
implemented:
(i) Promote productivity, technology and
innovation through measures to enhance
MSME productivity by understanding
key trends in productivity; build industry
clusters through industrial linkages,

promote technology and build capabilities

to foster industry clustering; as well as
promote innovation as a key competitive
advantage through technology usage and
its application to business and businessacademia linkages;
(ii) Increase access to finance by developing
and enhancing the in s ti tu tional
framework in respect of improving
under st anding and streng thening
traditional financing infrastructure as well
as the policy environment and measures
that foster alternative and non-traditional
financing; promote financial inclusion and
literacy and the ability of MSMEs to be
better engaged in the financial systems;
and enhance tax and other incentive
schemes;
(iii) E n h a n c e m a r k e t a c c e s s a n d
internationalisation by ex tending
and developing support schemes for
ASSOCIATION OF SOUTHEAST ASIAN NATIONS
market
access and integration into
@ASEAN
www.asean.org
theASEANglobal
supply
chains including
promoting partnership with multinational
c or p o r at io n s (MN C s) and l ar ge
enterprises to increase market access
and opportunities; promote the use of
e-Commerce; and enhancing measures
to promote exports through mechanisms
such as export clinics, advisory services
and ROO utilisation;
(iv) Enhance MSME policy and regulatory
environment that promotes intra and
inter-Governmental co-operation and
co-ordination mechanisms, involvement
of MSMEs in the decision-making
process to enable better representation
of MSME interests; provide support to
micro enterprises in the informal sector
and their integration; and streamline
processes involved in obtaining of
permits and business registrations to
enable less costly and faster business
formation; and
(v) Promote entrepreneurship and human
capital development by creating a
more conducive environment for
entrepreneurship through the ASEAN
On-line Academy; and enhancing human
capital development for MSMEs, in
particular youth and women.

ASEAN

ECONOMIC COMMUNITY

BLUEPRINT 2025

one vision, one identity, one community

Conclusion - Engineering Fraternity

With the MRAs for Engineering Services being
the earliest to be signed (2005) among the seven
professional services among the ASEAN Member
States (AMS) for greater mobility of skilled
professionals in the region and the new ASEAN
Economic Community Blueprint 2025, Malaysian
engineers and aligned profession should explore
their opportunity within the ASEAN region.
The ASEAN collective GDP of USD 2.57 trillion in
2014 on the back of population of 620 million
hold great potential for Malaysian professionals
to venture into the region which will be facilitated
with this AEC Blueprint 2025.
REFERENCE
The Joint Statement of the 47th ASEAN Economic
Ministers Meeting on August 22, 2015
ACKNOWLEDGEMENT
The contents of this article on ASEAN are extracted
from the ASEAN Economic Blueprint issued by The
ASEAN Secretariat, Jakarta.
37

INTERNATIONAL BUSINESS

INGENIEUR

APEC SERVICES
CO-OPERATION
FRAMEWORK 2015
By Chua Foong Lean
At the 22nd APEC Meeting in Beijing in 2014, leaders in the
Asia-Pacific Economic Co-operation (APEC ) endorsed the APEC
Strategic Blueprint for promoting Global Value Chain Development
and Co-operation. In addition, they endorsed the APEC Connectivity
Blueprint 2015-2025 as appeared in the Volume 61 of The
Ingenieur.
At the 23rd APEC Economic Leaders Meeting on November 19,
2015 in Manila, APEC leaders adopted the APEC Services Cooperation Framework. This is a strategic approach for the efficient
development and delivery of services as a major aspect of
economy.
The APEC Leaders acknowledged that international trade in
services facilitates cross-border business activity, reduces costs,
spurs innovation, boosts competition and productivity, raises the
standard of domestic services suppliers, and widens the range
of choice for consumers. They also acknowledged that trade in
services has an enormous potential for creating jobs, and for
increasing competitiveness in the global market, providing wholeof-economy benefits. However, inclusive growth cannot be achieved
without addressing services-related issues, as many micro, small,
and medium enterprises operate in this sector.
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s Malaysia moves towards becoming a

developed nation, greater emphasis should
be targeted on the development of the
services sector to serve as an engine of growth
in propelling and sustaining the economy. The
services sector assumes an increasing share of
Gross Domestic Product (GDP) as the economy
matures, as is evident in the case of developed
countries. Under the 10th Malaysia Plan (2011 to
2015), the services sector is expected to grow at
7.2% annually until 2015, raising its contribution
to GDP to 61% by the end of the Plan period.
It is therefore important that Malaysia works
in collaboration with international organisations
such as the APEC and ASEAN Economic
Community to tap into the developments of the
service industry that suit the local and regional
business environment.
Content of APEC Services Co-operation
Framework
The services sector accounts for a dominant share
of APEC regional economies, providing high quality
jobs and new avenues for growth. An efficient and
competitive services sector provides whole-ofeconomy benefits.
International trade in services facilitates the
transfer of technology and management knowhow, spurs innovation, boosts competition and
productivity, raises the standard of domestic
services suppliers, reduces costs, and widens the
range of choice for consumers.
Recognizing that the development of services
including their efficient delivery requires a strategic
approach, APEC leaders adopted the APEC Services
Co-operation Framework (ASCF) as follows:
Advancing the Services Agenda
As part of the commitment to realizing APECs
vision as outlined in the Bogor Leaders
Declaration and achieving APECs goal of free
and open trade and investment in the Asia-Pacific
no later than the year 2020; the importance of
advancing regional co-operation in services is
clearly recognised.
APECs past and on-going work on services
across the various APEC sub-fora, contributes
significantly to efforts towards implementing
the APEC Leaders Growth Strategy, the APEC

Connectivity Blueprint, and the 2014 APEC

Strategic Blueprint for Promoting Global Value
Chains Development and Co-operation.
The outcomes of the second meeting of the
APEC Ministers Responsible for Structural Reform
and the emphasis they placed on services are
welcome.
APEC can be commended for its work in services
trade and investment, such as the Services
Action Plan, the APEC Principles for Cross-Border
Trade in Services, and the Services Trade Access
Requirements (STAR) Database. The significant
contribution of the Manufacturing Related Services
Action Plan, the Environmental Goods and Services
Work Programme, the Environmental Services
Action Plan, and the establishment of the APEC
Public Private Partnership on Environmental Goods
and Services (PPEGS) to APECs on-going work on
services are widely recognised.
Ways have been explored to further deepen
cross-fora collaboration in services such as through
the first joint meeting of the Economic Committee,
the Group on Services, and the Pacific Economic
Co-operation Council (PECC) on Regulatory Reform
and Services held in 2015. The Public-Private
Dialogues on Services, initiated by Indonesia
in 2013, were undertaken in co-operation with
the APEC Business Advisory Council (ABAC) and
PECC, to broaden the base for consultation. These
dialogues stressed the value of intensified focus on
services and facilitated the sharing of regulatory
experiences and challenges, as well as generated
views on ways to improve services competitiveness
taking into account individual APEC countrys
economic circumstances.
The rapid changes taking place in the delivery
of services, such as through digitally-enabled trade
are widely recognised. However, to boost services
trade and investments in the region, APEC needs
to further deepen and build momentum in its work
on services.
Vision
A long-term vision for services in APEC is required.
Recalling the Bogor Goals of 1994, APEC resolves
to strengthen its efforts in services through the
following principles of co-operation:

Free and open trade and investment in

services consistent with World Trade
Organization principles;
39

INGENIEUR
Transparent and improved communications;
Collaboration and engagement across
the APEC platform and with various
stakeholders;

Competitiveness in services through

human and institutional capacity building
and increased participation of developing
member economies; and

Cros s - sectoral and sector- specific

approaches.
In line with the 1995 Osaka Action Agenda,
the 2000 Policy Framework for Work on Services,
and the 2009 APEC Principles for Cross-Border
Trade in Services, taking into account individual
economies situations, APEC affirms the
importance of the following strategic directions:

Transparency of laws, regulations, and

administrative procedures;

Progressively reducing restrictions to

services trade and investment, including
unnecessary localization requirements;

Non-discrimination between domestic and

foreign service suppliers;

Good regulatory practices and effective

competition policy;

Facilitating the mobility of ser vice

suppliersand business persons; and

Supporting capacity building to develop the

ability of economies to competitively supply
services.
The 2015 ASCF will play a pivotal role in
fully achieving the Bogor Goals, in providing a
common strategic direction and in promoting
coherence in APECs work on services. The
ASCF will ensure that APECs multi-fora and
multi-stakeholder services agenda will remain
dynamic and responsive to economic, market,
and technological developments of each APEC
member economy.

The Way Forward

APEC members have agreed to develop a strategic
and long-term APEC Services Competitiveness
Roadmap in 2016 with the adoption of a
concerted set of actions and mutually agreed
targets to be achieved by 2025. The process of
drafting the Roadmap will begin with discussion
of the elements of the Roadmap followed by
deliberations on actions and mutually agreed
targets. The Roadmap will, among others:
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Build on APECs past and on-going work on

services;

Promote increased and strengthened APEC

cross-fora dialogue and collaboration such
as joint meetings, projects, and initiatives;

Pursue close collaboration with ABAC,

PECC, and other stakeholders through
regular Public-Private Dialogues on
Services;

Broaden multi-stakeholder engagement

through the APEC Virtual Knowledge
Centre on Services a virtual knowledgesharing platform on information and best
practices of services-related policies and
programmes of APEC;

Foster exchange of good regulatory

pr ac tic e s and promote ef fec tive
competition policy;

Seek better ways to produce servicesrelated statistics and increase the number
of APEC economies with indices for
measuring the regulatory environment in
services including by providing capacity
building and exploring the development
of an APEC index, taking into account, as
appropriate, existing indices maintained
by other fora such as the Organisation of
Economic Co-operation and Development;

Regularly organise, through the relevant

APEC Working Groups and Committees,
discussion fora among services regulators;
officials responsible for trade, investment,
and competition policies; and the private
sector; and

Leverage par tnerships with regional

and global bodies such as the World
Trade Organization, United Nations
Bodies, International Trade Centre, the
Organization for Economic Co-operation
and D evelo p ment , t he Ec o no mic
Research Institute for ASEAN and East
Asia, the Asian Development Bank, InterAmerican Development Bank, and the
World Bank, among other institutions,
to implement the Roadmap, and avoid
duplication and ensure coherence with
existing initiatives.
The desired outcomes of the ASCF are:

Increased services value-adding capacity

of APEC economies;

Cultivation of globally competitive services

sectors of APEC economies;

Expansion of trade and investment

in services in APEC economies via
improvements in physical, institutional, and
people-to-people connectivity;

Enhancement of Gross Value Chain

participation of all businesses especially
micro, small, and medium enterprises;

Wider access to more efficient and greater

variety of services for APEC and its people;

Job creation and growth while promoting

social inclusion and human development;
and

Addition of measures in pursuit of the

APEC Leaders Growth Strategy for
inclusive, innovative, balanced, secure, and
sustainable growth.
Ministers and Senior Officials are urged to
mainstream this Framework into the strategic and
long-term planning of APECs work programme
through all the relevant Committees and Working
Groups, in particular the Group on Services.
Finally, Senior Officials are instructed to
develop a mechanism for implementing the ASCF
beginning 2016.

Malaysian Services Sector Blueprint 2015

The service sector is gaining a key role in the
growth and development of the Malaysian
economy from manufacturing which propelled
Malaysia over the last few decades. The Malaysian
Services Sector Blueprint released in March 2015
recognizes the services industry as a main source
of growth to achieve a high-income economy by
2020. In 2014, the services sector contributed
55% to the GDP. This is targeted to reach 58% by
2020.
Among the four policy levers is the
Internationalization Strategy that recognizes the
clear need for internationalization of services
providers to remain competitive and penetrate
new markets. Against this setting, it would
beneficial for Malaysia to fit this Services Sector
Blueprint into the ASCF where the market size
of APEC economies is more than half of worlds
GDP.
REFERENCE
APEC 2015 Leaders Declaration on November 19,
2015.

41

Where Engineers Excel

The Board of Engineers Malaysia (BEM),
formed in 1972, is a statutory body
constituted under the Registration of
of
Engineers Act 1967. BEM falls within the
ambit of responsibility of the Minister of
of
Works. Its primary role is to facilitate the
registration of engineers and regulate the
the
professional conduct and practice of
registered engineers in order to
safeguard the safety and interest of
of the
the
public.
Under BEMs registration record are
16,000 Professional Engineers and
15,000
87,000 Graduate Engineers in various
71,000
disciplines and industries throughout
Malaysia.
Published quarterly by BEM, The Ingenieur,
Ingenieur,
reaches out to the engineering community
via a 13,500 print version as well as to
to
other readers via an e-format.
100,000.
Readership is estimated at 50,000.

The content in this magazine, written mainly

by the engineering community and
technical professionals, provides first-hand
and valuable knowledge. There is a wealth
of information on:
Infrastructure design and
development
Professional practice
Government policies and guidelines
Legal issues
Engineering personalities
Management
Continuous development of engineers.

For
For advertising
advertisingand
andsubscription
subscriptioninquiries,
inquiries,please
pleasecontact
contact
Board
of
Engineers
Malaysia
Board of Engineers Malaysia
Tingkat
Tingkat17
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IbuPejabat
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JKR, Jalan Sultan Salahuddin, 50580 Kuala Lumpur
Jalan
Salahuddin,
Email Sultan
: publication@bem.org.my
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+603-2610
50580
Lumpur 7095/96/97/98
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+603-2691 2090
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41

REPORT

INGENIEUR

Malaysia as Council
Member of International
Maritime Organisation
By Ir. Tan Bee Hong

Malaysia was in the news again in the maritime

arena when she was elected to the International
Maritime Organisation (IMO) Council again
for the sixth term at the 29 th IMO General
Assembly in London in November 2015.
Malaysias Minister of Transport, who attended
the assembly, informed the press that Malaysia
plays a crucial role in ensuring the safety of the
Straits of Malacca and the protection of marine
environment.
The Straits of Malacca is an important
conduit for international shipping and one of
the busiest shipping routes in the world with
more than 25% of global trade and more than
80,000 vessels transiting it annually.
Malaysia has been a member of IMO
since 1971. As a council member of IMO,
Malaysia enjoys certain privileges in respect
of planning and approving of IMO programmes
and activities, raising maritime issues and
evaluating reports of main committees during
the Council meetings.

ecause of the international nature of the

shipping industry, it has long been recognized
that action to improve safety in maritime
operations is more effective if carried out at the
international level rather than by individual countries
acting unilaterally and without co-ordination.
It was against this background that a
conference held by the United Nations in 1948
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adopted a convention establishing the IMO as the

first ever international body devoted exclusively to
maritime matters.
The overall objectives are summed up in the
IMO slogan: Safe, secure and efficient shipping on
clean oceans. The IMO is the only United Nations
specialized agency to have its Headquarters in the
United Kingdom. It currently (Dec 2015) has 171
Member States and three Associate Members.
Its governing body, the Assembly, meets once
every two years. Between sessions, the Council,
consisting of 40 Member Governments elected by
the Assembly, acts as IMOs governing body.
IMO is a technical organisation and most of its
work is carried out in a number of committees and
sub-committees.
The Maritime Safety Committee (MSC) was one
of the main organs, along with the Assembly and
Council, established by the 1948 Convention on
IMO. Today, the MSC deals with all matters relating
to the safety of shipping, as well as addressing
maritime security issues, piracy and armed
robbery against ships.
The Marine Environment Protection Committee
(MEPC) was established by the Assembly in
November 1973. It is responsible for co-ordinating
the Organisations activities in the prevention
and control of pollution and damage to the
environment caused by ships.
There are seven sub-committees: SubCommittee on Human Element, Training and
Watchkeeping (HT W); Sub - Committee on
Implementation of IMO Instruments (III); Sub-

2. SAFETY

Committee on Navigation, Communications and

Search and Rescue (NCSR); Subcommittee on
Pollution Prevention and Response (PPR); SubCommittee on Ship Design and Construction
(SDC); Sub-Committee on Ship Systems and
Equipment (SSE); and Sub-Committee on Carriage
of Cargoes and Containers (CCC).
The Legal Commit tee was originally
established to deal with the legal problems
arising from the Torrey Canyon accident of 1967.
However, it was subsequently established as
a permanent Sub-committee responsible for
considering any legal matters within the scope of
the Organisation.
The Technical Co-operation Committee
is responsible for co-ordinating the work of
the Organisation in the provision of technical
assistance in the maritime field, in particular to
developing countries.
The Facilitation Committee is responsible
for IMOs activities and functions relating to
the facilitation of international maritime traffic.
These are aimed at reducing the formalities and
simplifying the documentation required of ships
when entering or leaving ports or other terminals.
All the technical bodies of IMO, and the IMO
Assembly, are open to participation by all Member
Governments on an equal basis.
1. WHAT IMO DOES
IMO has promoted the adoption of some 50
conventions and protocols and adopted more than
1,000 codes and recommendations concerning
maritime safety and security, the prevention of
pollution and related matters.

The first conference organised by IMO in 1960

was, appropriately enough, concerned with
maritime safety. That conference adopted the
International Convention on Safety of Life at
Sea (SOLAS), which came into force in 1965,
replacing a previous version adopted in 1948.
The 1960 SOLAS Convention covered a wide
range of measures designed to improve the
safety of shipping. They included sub-division and
stability; machinery and electrical installations;
fire protection, detection and extinction; life-saving
appliances; radiotelegraphy and radiotelephony;
safety of navigation; carriage of grain; carriage of
dangerous goods; and nuclear ships.
Other safety-related conventions adopted
by IMO include the International Convention
on Load Lines, 1966 (an update of a previous,
1930, convention); the International Convention
on Tonnage Measurement of Ships, 1969; the
Convention on International Regulations for
Preventing Collisions at Sea, 1972 (COLREG)
which made traffic separation schemes adopted
by IMO mandatory and considerably reduced
the number of collisions in many areas; and the
International Convention on Maritime Search and
Rescue, 1979.
In 1976 IMO adopted the Convention on the
International Maritime Satellite Organisation
(INMARSAT) and its Operating Agreement. The
Convention came into force in July 1979 and later
resulted in the establishment of the International
Mobile Satellite Organisation (IMSO), which, like
IMO, is based in London. (Inmarsat is a commercial
company.)
3. MARITIME SECURITY
Maritime security issues first came to prominence
on the IMO agenda following the hijacking of
the Italian cruise ship Achilles Lauro, in October
1985. IMO adopted a resolution on measures to
prevent unlawful acts which threaten the safety
of ships and the security of their passengers and
crews and in 1986, issued guidance on measures
to prevent unlawful acts against passengers and
crew on board ships.
In the light of terrorist atrocities around
the world, several of which have been aimed
at transport infrastructures, IMO adopted a

45

INGENIEUR
comprehensive set of maritime security measures
in 2002, which came into force in July 2004.
The most important and far reaching of these
is the International Ship and Port Facility Security
Code (ISPS Code). Among its requirements are that
Governments should undertake risk assessments
to establish the level of security threats in their
ports and that both ships and ports should
appoint dedicated security officers and have
formal security plans drawn up and approved by
their Governments.
IMO has adopted other maritime security
instruments including recommendations on
security measures for passenger ferries on
international voyages shorter than 24 hours
and on security measures for ports; guidelines
on the allocation of responsibilities to seek the
successful resolution of stowaway cases, and
guidelines for the prevention and suppression of
the smuggling of drugs, psychotropic substances
and precursor chemicals on ships engaged in
international maritime traffic.
4. PIRACY AND ARMED ROBBERY AGAINST
SHIPS
The problem of increasing acts of piracy and armed
robbery against ships was first raised at IMO in
the early 1980s. In the late 1990s, IMO initiated
an anti-piracy project, with the aim of fostering
the development of regional agreements on
implementation of counter-piracy measures. The
Regional Co-operation Agreement on Combating
Piracy and Armed Robbery against ships in Asia
(RECAAP), which was concluded in November
2004 by 16 Asian countries includes the RECAAP
Information Sharing Centre (ISC) for facilitating the
sharing of piracy-related information. The RECAAP
ISC is a good example of successful regional cooperation which IMO seeks to replicate elsewhere.
Guidance to Governments, ship owners, ship
operators, shipmasters and crews on preventing
and suppressing acts of piracy and armed robbery
against ships was first issued in the 1990s and
this guidance has been kept updated and revised.
More recently, guidance has been issued on
piracy and armed robbery against ships in waters
off the coast of Somalia. IMO has also developed
and issued interim guidance to ship owners,
ship operators and shipmasters on the use of
privately-contracted armed security personnel on
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board ships in the High Risk Area; guidance for

flag States on measures to prevent and mitigate
Somalia-based piracy; and interim guidance to
private maritime security companies providing
privately contracted armed security personnel on
board ships in the High Risk Area.
In 2009, an important regional agreement was
adopted in Djibouti by States in the region, at a
high-level meeting convened by IMO. The Djibouti
Code of Conduct concerning the repression
of piracy and armed robbery against ships in
the Western Indian Ocean and the Gulf of Aden
recognizes the extent of the problem of piracy and
armed robbery against ships in the region. In it, the
signatories declare their intention to co-operate to
the fullest possible extent, in a manner consistent
with international law, in the repression of piracy
and armed robbery against ships.
A dedicated Project Implementation Unit has
developed a detailed implementation plan, funded
primarily through the IMO Djibouti Code Trust
Fund, in co-operation with the 20 signatory States
to the Djibouti Code of Conduct. Signatories to the
Djibouti Code of Conduct undertake to co-operate
in a variety of activities, including:

the investigation, arrest and prosecution

of persons reasonably suspected of having
committed acts of piracy and armed
robbery against ships, including those
inciting or intentionally facilitating such
acts;

the interdiction and seizure of suspect

ships and property on board such ships;

the rescue of ships, persons and property

subject to piracy and armed robbery and
the facilitation of proper care, treatment
and repatriation of seafarers, fishermen,
other shipboard personnel and passengers
subject to such acts, particularly those who
have been subjected to violence; and

the conduct of shared operations both

among signatory States and with navies
from countries outside the region such
as nominating law enforcement or other
authorized officials to embark on patrol
ships or aircraft of another signatory. The
Djibouti Code encourages the sharing
of related information, and a regional
network has been established, with three
Information Sharing Centres based in
Sanaa, Mombasa and Dar es Salaam.

Signatories to the Code also undertake to

review their national legislation with a view to
ensuring that there are laws in place to criminalize
piracy and armed robbery against ships and
to make adequate provision for the exercise
of jurisdiction, conduct of investigations and
prosecution of alleged offenders.
All signatories partake in a regular programme
of regional training, co-ordinated through the
Djibouti Regional Training Centre, established by
IMO.
5. PREVENTING POLLUTION... PROVIDING
COMPENSATION
Although the International Convention for the
prevention of pollution of the sea by oil, 1954,
(OILPOL) was amended in 1962, the wreck of
the Torrey Canyon in 1967 resulted in a series
of conventions and other instruments, including
further amendments to the 1954 Convention,
which were adopted in 1969.
The International Convention on Civil
Liability for Oil Pollution Damage, 1969, and the
International Convention on the Establishment
of an International Fund for Compensation for Oil
Pollution Damage, 1971, together established a
regime to provide compensation to victims of oil
pollution.
In 1971, OILPOL was amended again, but it
was generally felt that a completely new instrument
was required to control pollution of the seas from
ships. In 1973 IMO convened a major conference
to discuss the whole problem of marine pollution
from ships. This resulted in the adoption of the
first ever comprehensive anti-pollution convention,
the International Convention for the Prevention of
Pollution from Ships (MARPOL).
The MARPOL Convention deals not only with
pollution by oil, but also pollution from chemicals,
other harmful substances, garbage, sewage and,
under an Annex VI adopted in 1997, air pollution
and emissions from ships. A revised Annex VI was
adopted in 2008 and it entered into force in 2010,
phasing in a progressive reduction in sulphur oxide
(SOx) from ships and further reductions in nitrogen
oxide (NOx) emissions from marine engines.
Amendments adopted in 2011 set mandatory
measures to reduce emissions of greenhouse
gases (GHGs) from international shipping, with
the Energy Efficiency Design Index (EEDI) made

mandatory for new ships, and the Ship Energy

Efficiency Management Plan (SEEMP) made a
requirement for all ships. These amendments
entered into force on January 1, 2013.
In 1996, IMO adopted the International
Convention on Liability and Compensation for
Damage in Connection with the Carriage of
Hazardous and Noxious Substances by Sea (HNS
Convention). The Convention establishes a two-tier
system for providing compensation up to a total of
around 250 million. It covers not only pollution
aspects but other risks such as fire and explosion.
A Protocol to update the 1996 Convention was
adopted in 2010.
IMO adopted the International Convention on
the Control of Harmful Anti-fouling Systems on
Ships (AFS) in 2001. It prohibits the use of harmful
organotin in anti-fouling paints used on ships and
will establish a mechanism to prevent the potential
future use of other harmful substances in antifouling systems. It entered into force in 2008.
The International Convention for the Control
and Management of Ships Ballast Water and
Sediments was adopted in 2004, to prevent the
potentially devastating effects of the spread of
invasive harmful aquatic organisms carried by
ships ballast water.
In May 2009, IMO adopted the Hong Kong
International Convention for the Safe and
Environmentally Sound Recycling of Ships.

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6. SUSTAINABLE MARITIME
TRANSPORTATION
Maritime transport is the backbone of world trade
and globalisation. Twenty-four hours a day and
365 days a year, ships carry cargoes to all corners
of the globe. This role will continue to grow with
the anticipated increase in world trade in the years
to come as millions of people are expected to be
lifted out of poverty through improved access to
basic materials, goods and products.
The world relies on a safe, secure and efficient
international shipping industry and this can only
be achieved under the comprehensive regulatory
framework developed and maintained by IMO. The
regulatory regime developed by IMO provides a
blueprint for countries to develop their maritime
transport infrastructure in a safe, efficient and
environmentally sound manner.
The blueprint calls for a wide range of actions
and also commits Governments to working
towards a transition to a green economy,
evolving around the three, equally important,
dimensions of sustainable development i.e. the
economic, social and environmental dimensions.
IMO has developed a concept of a Sustainable
Maritime Transportation System, which includes a
set of goals and actions, to highlight the importance
of maritime transportation by focusing on:

S afe t y cul ture and env ironment

stewardship;

Education and training in maritime

professions, and support for seafarers;

Energy efficiency and ship-port interface;

Energy supply for ships;

Maritime traffic support and advisory

systems;

Maritime Security;

Technical co-operation;

New technology and innovation;

F inanc e, liab ili t y and in sur anc e

mechanisms; and

Ocean Governance.
7. OTHER MATTERS
In 1965 IMO adopted the Convention on
Facilitation of International Maritime Traffic. Its
primary objectives are to prevent unnecessary
delays in maritime traffic, to aid co-operation
between Governments, and to secure the highest
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practicable degree of uniformity in formalities and

procedures in connection with the arrival, stay and
departure of ships at ports. The Convention came
into force in 1967.
In 1976 IMO adopted a new Convention on
Limitation of Liability for Maritime Claims (LLMC)
which raised the limits, in some cases by 300%.
Limits are specified for two types of claims those
for loss of life or personal injury and property
claims, such as damage to ships, property or
harbour works.
For most of the last century, salvage at sea
was based on a formula known as no cure, no
pay. While it was successful in most cases, the
formula did not take pollution into account: a
salvor who prevents massive pollution damage but
does not save the ship and its cargo can expect no
compensation. The 1989 International Convention
on Salvage was adopted to remedy this defect. It
entered into force in July 1996.
In 2007, IMO adopted the Nairobi International
Convention on the Removal of Wrecks, 2007,
which provides the legal basis for States to
remove, or have removed, shipwrecks that may

have the potential to affect adversely the safety

of lives, goods and property at sea, as well as the
marine environment.
8. IMOS CODES AND RECOMMENDATIONS
In addition to conventions and other formal treaty
instruments, IMO has adopted several hundred
recommendations dealing with a wide range of
subjects.
Some of these constitute codes, guidelines
or recommended practices on important matters
not considered suitable for regulation by formal
treaty instruments. Although recommendations
whether in the form of codes or otherwise
are not usually binding on Governments, they
provide guidance in framing national regulations
and requirements. Some Codes have been made
mandatory under the relevant provisions of SOLAS
and/or MARPOL.
In appropriate cases, the recommendations
may incorporate further requirements which
have been found to be useful or necessary in
the light of experience gained in the application
of the previous provisions. In other cases the
recommendations clarify various questions which
arise in connection with specific measures and
thereby ensure their uniform interpretation and
application in all countries.
Examples of the principal recommendations,
codes, etc., adopted over the years are:

International Maritime Dangerous Goods

Code (IMDG Code) first adopted in
1965; made mandatory under SOLAS
amendments adopted in 2002;

Code of Safe Practice for Solid Bulk Cargoes

(BC Code) (1965); (the International
Maritime Solid Bulk Cargoes Code (IMSBC
Code)(2008) was made mandatory under
SOLAS amendments adopted in 2008);

International Code of Signals (all functions

in respect of the Code were assumed by
the Organization in 1965);

Code for the Construction and Equipment

of Ships Carrying Dangerous Chemicals in
Bulk (BCH Code)(1971); and
Technical Code on Control of Emission of
Nitrogen Oxides from Marine Diesel Engines (NOx
Technical Code 1997; mandatory under MARPOL).
Other important recommendations have dealt
with such matters as traffic separation schemes

(which separate ships moving in opposite directions

by creating a central prohibited area); the adoption
of technical manuals such as the Standard Marine
Communication Phrases (SMCP), the International
Aeronautical and Maritime Search and Rescue
Manual (jointly with the International Civil Aviation
Organisation) and the Manual on Oil Pollution;
crew training; performance standards for ship
borne equipment; and many other matters. There
are also guidelines to help the implementation of
particular conventions and instruments.
9. TECHNICAL ASSISTANCE
The purpose of IMOs technical assistance
programme is to assist developing countries in
ratifying IMO conventions reaching the standards
contained in international maritime conventions
such as SOLAS and MARPOL. As part of this
programme, a number of advisers and consultants
are employed by IMO to advise Governments. Each
year the Organisation arranges or participates in
numerous seminars, workshops and other events
which are designed to assist in the implementation
of IMO measures. Some activities are held at IMO
Headquarters, many others in the developing
countries themselves.
A key element of the technical assistance
programme is training. IMO measures can only
be implemented effectively if those responsible
are fully trained, and IMO has helped to develop
or improve maritime training academies in
many countries around the world. Some of them
cater purely for national needs. Others have
been developed to deal with the requirements
of a region. This is a very useful approach
where the demand for trained personnel in
individual countries is not sufficient to justify the
considerable financial outlay needed to establish
such institutions. IMO has also developed a series
of model courses for use in training academies.
The most ambitious of all IMOs technical
assistance projects is the World Maritime
University in Malm, Sweden, which opened in
1983. Its objective is to provide high-level training
facilities for people from developing countries who
have already reached a relatively high standard
in their own countries but who would benefit
from further intensive training. The University has
capacity to train about 200 students at a time, on
one or two-year courses.
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INGENIEUR

Malaysias position as
council member of the
IMO will certainly help in
ensuring the interests of
international shipping lines
are taken care of.

IMO has also established the International

Maritime Law Institute, in Malta, to help ensure
that sufficient maritime law experts, with
appropriate knowledge and skills, are available to
assist in the implementation and enforcement of
international maritime law and, more particularly,
the vast body of rules and regulations developed
under the aegis of IMO especially within
developing countries.
Since 2006, a linkage between the ITCP and
the United Nations Millennium Development Goals
(MDGs) has been established to ensure that those
ITCP activities that contribute to the MDGs be
given high priority, taking into account the special
needs of Least Developed Countries (LDCs) and
Small Island Developing States (SIDS) and the
particular transport needs of Africa
The issue of sustainable development is also
coming into focus with support for new initiatives
to promote sustainable maritime development.
10. HOW IT WORKS
IMO works through a number of specialist
committees and sub-committees. Each of these
bodies is composed of representatives of Member
States.
Formal arrangements for co-operation have
been established with more than 60 interGovernmental organisations, while more than 70
non-Governmental international organisations
have been granted consultative status to

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participate in the work of various bodies in

an observer capacity. These organisations
represent a wide spectrum of maritime,
legal and environmental interests and they
contribute to the work of the various organs and
committees through the provision of information,
documentation and expert advice. However, none
of these organisations has a vote.
An instrument so adopted comes into force
after fulfilling certain requirements, which always
includes ratification by a specified number
of countries. Generally speaking, the more
important the convention, the more stringent the
requirements for entry into force. Implementation
of the requirements of a convention is mandatory
in countries which are parties to it. Some codes
are made mandatory under one or more of the
international conventions, while other codes
and recommendations which are adopted by the
IMO Assembly are not binding on Governments.
However, their content can be just as important,
and in many cases they are implemented by
Governments through incorporation into domestic
legislation.
THE JOURNEY AHEAD FOR MALAYSIA
With the intensification of a Global Value Chain
for goods manufactured across countries (far and
near) and the Maritime Silk Road initiative with
Malaysia at it central geographic position, shipping
traffic around the globe particularly through the
Straits of Melaka will be increased. The role of IMO
in the safety of shipping lines and the preservation
of water quality of the sea will be even more
pronounced.
Malaysias position as council member of the
IMO will certainly help in ensuring the interests of
international shipping lines are taken care of.
ACKNOWLEDGEMENT
The extract of the contents of IMO is taken from
IMO booklet through the courtesy of IMOs Media
and Communication office. For more information,
please refer to www.imo.org
REFERENCE
STAR paper dated 30.11.2015

REPORT

MALAYSIAN WETLAND
NEXUS WITH RAMSAR
CONVENTION
By Amanda Lee Siek Hsia
Picture from malaysia.wetlands.org

he Ramsar Convention is an international

treaty for the conservation and sustainable
utilization of wetlands taking cognizance of
the important ecological functions of wetlands
that embody their economic, cultural, scientific,
and recreational value. It is named after the city
of Ramsar in Iran, where the Convention was
signed in 1971.
Malaysia with six Ramsar sites totalling
331,510 acres of wetlands of international
importance became a member of Ramsar
Convention on March 10, 1997.
It is therefore important that all Malaysian
stakeholders involved in development works,
particularly practicing engineers understand
the importance of the function of wetlands to
the ecosystem of the country and Malaysias
commitment to the Ramsar convention.

The Ramsar List of Wetlands globally includes

2208 Sites (known as Ramsar Sites) covering over
210,734,269.41 ha (520,735,720.3 acres). The
definition of Ramsar wetlands may include, among
others, the areas of marine water the depth of
which at low tide does not exceed six meters as
well as fish ponds and paddy fields.
Presently there are 169 contracting parties, up
from 21 initial signatory nations in 1971. The state
parties meet every three years as the Conference
of the Contracting Parties (COP).
With its headquarters at Gland, Switzerland,
the Ramsar Convention is managed by a standing
committee, a scientific review panel, and a
secretariat. It works closely with the International
Union for the Conservation of Nature (IUCU).
The Convention's mission is the conservation
and wise use of all wetlands through local

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INGENIEUR
Among the international forums are:
a. UN World Conference on Disaster Risk
Reduction in Sendai Japan on March 2015.
b. The World We Want Post 2015
Sustainable Development Goals
September, 2015
c. COP 21 Paris Climate change agreement
2015

and national actions and international cooperation, as a contribution to achieving

sustainable development throughout the world.
It calls upon contracting parties to recognize the
interdependence of humans and the environment
as well as the ecological functions of wetlands,
such as wildlife habitats, nutrient cycling and flood
control.
INTERNATIONAL ORGANISATION PARTNERS
The Ramsar Convention works closely with five
other organisations known as International
Organisation Partners (IOPs). These are Birdlife
International, the International Union for
Conservation of Nature (IUCN), the International
Water Management Institute (IWMI),Wetlands
International and World Wildlife Fund (WWF)
International. These support the work of the
Convention by providing expert technical advice,
helping implement field studies and providing
financial support. The IOPs also participate
regularly as observers in all meetings of the
Conference of Parties and as full members of
the Scientific and Technical Review Panel. For
example, at the 2008 Convention of Parties, IWMI
scientists contributed directly to a number of
resolutions including those relating to wetlands'
links with human health, biofuels, poverty
reduction, bio-geographic regionalization and
biodiversity in rice paddies.
SCIENTIFIC & TECHNICAL REVIEW PANEL OF
THE RAMSAR CONVENTION
At the Scientific & Technical Review Panel
(STRP) meeting on November 2-6, 2015, Dr Ania
Grobicki, Deputy Secretary-General of the Ramsar
Convention acting as the Ramsar Secretariats
focal point for the Conventions subsidiary
advisory body, the STRP presented an important
paper entitled The STRP and Ramsar Convention
on Wetlands: Looking Ahead.

Unique Policy Opportunity in 2015

Several important international forums presented
unique opportunities to raise awareness and
to commit world bodies to address the issues
relating to the environment, and in particular
to environmental sustainability related issues,
confronting the world.

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More Climatic Extremes are happening

Graph - Run-off variation (1960-90 /2070-90)

Prepare for more floods and draughts

Integrated Flood Management Principles:

River Basin as a Planning Unit
Integration of:
- Land and Water Management
- Upstream and Downstream
- Structural and Non-structural
- Short-term and Long-term
- Local and Basin Level Measures - small and
large-scale
- Development Needs with Ecological and
Economic Concerns
- Climate Predictions with Sectoral Policies
and Plans
- Functional Integration of Institutions and
Stakeholders
- Wetlands are the key!

WHAT IS THE SECRETARIATS ROLE IN STRP

The Secretariat continues to support STRP.
Relevant staff include the Deputy SecretaryGeneral, Senior Regional Advisors, the Head of
Communications and the Scientific and Technical
Support Officer. The Secretariats responsibilities
include:

facilitating the work of STRP, including

organising and administering its meetings
and maintaining the STRP Workspace;
fostering opportunities for collaboration
with other conventions, international
organis ations (including f inancial
organis ations), inter- Government al
institutions, and national and international
NGOs, and facilitating such collaboration as
required;
facilitating linkages between potential
experts within countries, regions and
globally, including indigenous peoples and
local communities; and
identifying the needs of potential audiences
and thematic priorities in different countries
or regions to suggest to the Parties for their
consideration.

RAMSAR SITE INFORMATION SYSTEM

There are a total of 2,218 Ramsar Sites worldwide
covering over 214 million ha.
RAMSAR 4th STRATEGIC PLAN (2016 2024)
Monitoring and evaluation across all the four goals
below:
Strategic Goal 1: Addressing the drivers of
wetland loss and degradation;
Strategic Goal 2: Effectively conserving and
managing the Ramsar Site Network;
Strategic Goal 3: Ensure the wise use of all
wetlands; and
Operational Goal 4: Enhancing implementation of
the 3 strategic goals
Vision
Wetlands are conserved, wisely used and
restored, and their benefits are recognized and
valued by all
a. Supporting countries to achieve wise use of
wetlands alongside development
b. Ramsars approach is designed around four
Strategic Goals:
i. Addressing the drivers of wetland loss &
degradation
ii. Conserving and managing Ramsar Sites
iii. Using wetlands wisely
iv. Enhancing implementation of the Strategic
Plan

Strategic Goal 1: Addressing the drivers of

wetland loss & degradation
Target 1:

Wetland benefits and ecosystem

services feature in national/ local
policy strategies and plans relating
to key sectors such as water, energy,
mining, agriculture, tourism, urban
development and infrastructure;
Target 2: Water use sustainability is improved
while respecting ecosystem and
basin requirements;
Target 3: Public and private sectors have
taken steps to apply guidelines and
good practices for wise use of water
and wetlands;
Target 4: Invasive alien species and pathways
are identified and prioritized; priority
invasive species are controlled or
eradicated;
Target 5: The ecological character of Ramsar
sites is maintained, through
effective planning and management
Target 6: There is a significant increase in the
Ramsar site network, in particular
underrepresented types of wetlands;
Target 7: Sites that are at risk of loss of
ecological character have their
threats addressed;
Target 8: National wetland inventories have
been completed;
Target 9: The wise use of wetlands is
strengthened through integrated
water resource management at river
basin levels;
Target 10: Wetland services and benefits
are widely demonstrated and
documented; and
Target 11: Restoration is in progress or
completed in degraded wetlands;
Target 12: Sustainable fisheries, agriculture
and ecotourism are expanded,
c ontribu ting to bio diver si t y
conservation and human livelihoods;
Target 13: Scientific and technical guidance
at global and regional levels is
developed on relevant topics;
Target 14: Ram s ar Reg ional Ini tiative s
are reinforced with the active
involvement and support of the
Parties in each region;
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INGENIEUR
Target 15: Wetland values are mainstreamed
through CEPA: communications,
education, public participation and
awareness;
Target 16: Financial resources for implementing
the 4th Ramsar Strategic Plan are
increased;
Target 17: International co - operation is
enhanced; and
Target 18: Capacity is built for using wetlands
wisely

Common objectives, among others, can be

harmonized at site level as follows:

WETLANDS IN SUSTAINABLE DEVELOPMENT

GOALS
Goal 6: Ensure availability and sustainable
management of water and sanitation for all
[Water Goal]
Target 6.6: Protect and restore water-related
ecosystems, including mountains, forests,
wetlands, rivers, aquifers & lakes
Indicator for 6.6: Change in wetlands extent over
time [Ramsar]
Goal 15: Protect, restore and promote sustainable
use of terrestrial ecosystemshalt and reverse
land degradation and halt biodiversity loss
[Biodiversity Goal]
Target 15.1: Ensure conservation, restoration
and sustainable use of terrestrial and inland
freshwater ecosystems and their services, in
particular forests, wetlands, mountains and dry
lands, in line with obligations under international
agreements
HARMONIZATION AT CONVENTION LEVEL
THE BIODIVERSITY LIAISON GROUP
The Liaison Group of Biodiversity-Related
Conventions that share common objectives are as
follows:

MALAYSIAN WETLANDS UNDER RAMSAR

CONVENTION LIST
Tasek Bera
Tajung Piai State Park

Pulau Kukup State Park

Sungai Pulai Wetlands

Kuching Wetlands National Park

Lower Kinabatangan-Segama Wetlands

Apart from the above listed wetlands, it is
encouraging to know the special effort placed on
the management of other wetlands in Malaysia.
Most notable is the 40,000ha Matang Mangrove
Forest in Perak that is regarded as one of the best
managed sustainable mangrove ecosystem in the
world.
The lessons learnt from the last Tsunami in
2004 that claimed many lives across a vast region
of the world should serve as a good reminder of
the importance of preserving our wetlands along
coastal areas as a buffer against the devastating
effect of a Tsunami.
The Ramsar Convention should be credited
for their effort in preserving our ecosystem as an
integral part of the Sustainable Development Goal
beyond 2015.

ACKNOWLEDGEMENT
The author wishes to thank Dr Ania Grobicki
(grobicki@ramsar.org) from Ramsar Convention
for his kind consent to extract his presentation
for this article. A big thank to him too for the
noble effort in moving the world towards an
environmentally sustainable world to live in.
For more details, please refer to www.ramsar.org
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THE HASHIMOTO ACTION

PLAN III
By Chong Sam Moi

REPORT

ccording to the United Nations, the annual

recommended requirement of water
per person is between 5,000 gallons
and 10,000 gallons. Water is linked to food,
manufacturing and energy. Globally, 70 % of
water is used for agriculture. The nexus between
water availability and global consumption of
food, manufactured goods and services are
closely linked. For instance, a kg of potatoes
from Australia on the dining table requires 547
litres of water to grow. It is important that water
management is tackled globally.
The United Nations Secretary-Generals
Advisory Board (UNSGAB) which is committed to
continue its advocacy effort through 2016 on water
and sanitation challenges, has formulated a set of
activities as part of the Hashimoto Action Plan III.

Hashimoto
Action Plan III
Hashimoto Action Plan III

The Hashimoto Action Plan III

The UNSGAB is a diverse group of eminent people
committed to helping solve the worlds water and
sanitation challenges. UNSGAB, which has 23
members, was established in March 2004 by the
former United Nations Secretary-General, Kofi
Annan. The current Secretary-General, Ban Kimoon endorsed the Board and asked members to
continue their work. The Chairperson of UNSGAB
is His Royal Highness Prince El Hassan bin Talal of
Jordan and the Honorary President is His Imperial
Highness, the Crown Prince of Japan.

The United Nations Secretary-Generals

Advisory Board on Water and Sanitation
Strategy and Objectives through 2015

www.unsgab.org

Role of UNSGAB
The UNSGABs role is to identify and work with
others to promote and foster action related to
water and sanitation issues. The Board advises
the Secretary-General, raises public awareness
and galvanizes Governments and international
organis ations to advance the global water
and sanitation agenda. Achievements to date
include:

creating the Global Water Operators

Partnership Alliance (GWOPA) concept which is
now run by UN-Habitat; initiating an advocacy
campaign to meet the MDG sanitation target
which is now led by UN-Water
encouraging International Financial Institutions
to increase focus and funding for sanitation
and water;
fostering the High-Level Panel on Water and
Disaster (HELP) in establishing a global plan for
implementation; putting wastewater collection,
treatment and reuse on the development
agenda; and

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INGENIEUR

The current Secretary-General, Ban Ki-moon endorsed

the Board and asked members to continue their work.

assessing existing international monitoring

for access to water and sanitation.

Post-2015 Development Agenda

For the post-2015 development framework, the
Board calls for a global post-2015 goal on water
that includes targets on at least three essential
objectives:
i. Achieve universal access to sustainable
sanitation and safe drinking water
ii. Increase wastewater management and
pollution prevention, and
iii. Improve integrated water resources
management and water-use efficiency
However, targets and indicators need to be
designed and monitored for each of these three
areas.
The UNSGAB is also advocating waterefficiency targets and water-related disasters to
be included in the post-2015 agenda.
After conducting extensive dialogues with
stakeholders on various continents, the UNSGAB
has gained insights into the major challenges to
realizing the Millennium Development Goals (MDG)
targets on water and sanitation. It has generated
greater attention to pollution prevention,
wastewater management and water resources
management.
The Board commits to:

Working closely with UN Member States,

particularly the Friends of Water Steering
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Committee and the Open Working Group

on Sustainable Development Goals (SDGs)
to ensure water and sanitation objectives
appear in the goal setting processes and
to secure strong champions for water
and sanitation in the intergovernmental
dialogue;

Making connections with allies working on

health, job creation, energy, food security
and financing to articulate linkages;

Informing relevant players about the

Boards three water goal objectives,
including participating in international fora
and events such as the Stockholm World
Water Week, Budapest Water Summit and
the 7th World Water Forum in Korea;

Providing support to UN processes such

as the UN-System Task Team on the post2015 agenda; and

Taking all possible occasions to raise

with partners the issue of comprehensive
monitoring as a crucial element of the Post2015 agenda.
The success of all these efforts depends on
national action and partner activities such as:

National Governments ascribe high and

increasing priority to providing safe drinking
water and sustainable sanitation;

Donor Governments continue their support

in this area, and ascribe to higher support
in monitoring progress;

The UNICEF/World Health Organization

Joint Monitoring Programme partners with
UNSGAB define ambitious and realistic
targets and set objectives for drinking
water that is really safe;
The Friends of Water Group Steering
Committee agrees to help co-ordinate
Member States activities in managing
water-related issues;
UN processes, such as the High-Level Panel
on Post-2015 agree to consider the need
to develop strong water and sanitation
objectives while encouraging stakeholder
participation;
Regional bodies, such as the African
Ministers Council on Water (AMCOW)
and the Asia-Pacific Water Forum, call for
higher priority to water management, water
and sanitation and the endorsement of a
dedicated Global Water Goal; and
Higher attention paid by stakeholders
and decision makers to capacity building,
including training of engineers and water
managers and staff, helping countries
formulate integrated plans for water
resource development and protection,
and to improve the sustainability of cooperation projects.

Securing Sustainable Finance

Financing water supply and sanitation is one of
the most difficult challenges facing Governments.
Despite providing a wide range of economic and
social benefits, current levels of spending are far
below the investments required to achieve the
MDG water and sanitation targets. Achieving the
current MDG targets for water and sanitation,
maintaining progress in the future and realizing the
human right to safe drinking water and sanitation,
as well as managing wastewater, require mobilizing
sustainable financing for the sector.
Even if funding derived from the 3 Ts
(taxes, tariffs and transfers) were delivered
at scale, it would be insufficient to cover the
huge capital investment costs required in
developing countries. The Board argues that
there is a need to supplement such funding
by access to the long-term local currency
capital markets for water utilities a proven
strategy in developed countries to bridge the

WATER CRISIS
The water crisis that struck Selangor and
Negri Sembilan in 2014 from February
to August can be traced to hot and
dry climactic conditions in Peninsular
Malaysia earlier in the year. Other
factors included delays relating to water
infrastructure and negotiations between
the Government and private water
concessionaires.
An earlier water crisis occurred in
February 1998 when three reservoirs
in the Klang Valley the Klang Gate
Dam, the Batu Dam and the Semenyih
Dam, all experienced a substantial
drop in water level following the El
Nino phenomenon. The subsequent
water shortage affected almost all
residents in the Klang Valley causing the
Government to impose water rationing.
financing gap. The Board encourages the use
of a range of innovative financing mechanisms
that can help attract private investors, such as
mechanisms that blend concessional finance
with commercial finance or pooled financing
facilities that support borrowing by relatively
small operators at reasonable costs.
The UNSGAB commits to:

Increasing financial and budgetar y

resources across the water sector;
>> Advocate whenever possible for
increased political prioritization of the
water and sanitation sectors, including
wastewater and water resources
management, to secure additional
financial resources of all kinds, including
those from public budgets and user
fees. Special emphasis will be given
to co-operation with Governments and
partners such as AMCOW, Sanitation
and Water for All Partnership (SWA) and
Water and Sanitation for Africa (WSA).
>> Collaborate with Governments, the
World Bank, Regional Development
Banks and other partners to identify
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INGENIEUR
solutions to overcome country-level
obstacles in local financing and
disseminate the findings to decisionmakers and practitioners worldwide.

Increasing the impact and leverage of

Official Development Assistance (ODA) in
funding the water sector;
>> Continue to advocate bilateral ODA and
other concessional finance to be used as
a catalyst to leverage non-ODA funds and
provide technical assistance for project
preparation. This includes proposing
a joint UNSGAB Office for Economic
Co-operation and Development (OECD)
Development Assistance Committee
(DAC) event to share best practices and
lessons learned.

Increasing the availability of data and

information and where possible,
monitoring all forms of financing across the
water sector;
>> Continue strong and close collaboration
with OECD as a major source of water
financing information.
>> Support the World Bank in developing
a repository of knowledge on how to
leverage private financing and to access
local markets for the sector. Extend the
same support to interested regional and
sub-regional banks.
>> Encourage better knowledge of countrywide expenditures for water through the
Global Annual Assessment of Sanitation
and Drinking Water (GLAAS) and other
relevant initiatives.
>> Encourage donors to report on technical
assistance in the context of GLAAS.
The success of all these efforts depends on
national action and partner activities such as:

C ountries increase their political

commitment and financial resources to the
water sector;

Governments identify and remove the

barriers that impede local water and
sanitation utilities from accessing local
capital markets; and

Governments and municipalities increase

efforts in collecting taxes and user fees
related to the water sector, develop and
enforce objective water tariff systems so

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as to ensure the viability and sustainability

of water facilities.
Integrated Water Resources Management
& Water-Food-Energy Nexus
The UNSGAB sees Integrated Water Resources
Management (IWRM) and Nexus thinking as
important for sustainable growth. They are
complementary: the Nexus emphasizes engaging
with other sectors in promoting improved social
welfare and equity while IWRM focuses more on a
comprehensive approach within the water sector
and provides the tools for implementation. Both
approaches help sustainable growth and protect
essential environmental services. Better coordination between federal and local Governments
as well as among various departments and sectors
is needed to curb damaging externalities, reduce
waste and sustainably harness all our resources.
Many efforts to address water challenges also
have significant potential to generate climate
change benefits on both mitigation and adaptation.
The Board commits to:

Making the connection between the

IWRM and Nexus concept by showing
their conceptual compatibility and
complementarity;

Co-operating with organisers of events such

as the Yellow River Forum in the context
of the Nexus approach and share latest
concepts and achievements in the realm of
integrated river basin management;

Advocating that wastewater collection,

treatment and reuse be viewed as an
essential part of the Nexus challenge;

Work with the UN Food and Agricultural

Organization (FAO) on considering water
and energy issues in the context of the
Voluntary Guidelines on the Responsible
Governance of Tenure of Land;

Engage with Sustainable Energy for All and

UN-Energy on how to address Nexus tradeoffs in regional energy approaches;

Try to identify co-benefit opportunities

through co-operation with the World Bank,
Regional Development Banks and the
OECD concerning the financing of IWRM
and Nexus activities;

Encourage and co-operate with water

stewardship initiatives; and

Promote enforcement of the United

Nations Convention on the Law of the NonNavigational Uses of International Water
Courses by encouraging the necessary
ratifications.
The success of all these efforts depends on
national action and partner activities such as:

UN-Water, FAO and UN-Energy (as well as

other relevant organisations such as the
UN European Economic Commission, UNEP,
World Bank & Sustainable Energy for All)
engage in a Nexus discussion in view of its
reflection in the post-2015 process as well
as the SDGs;

The UN-Water Thematic Priority Area on

climate change engages in work on the
Nexus;

German Development Cooperation

continues, and others take up promotion of
regional and national Nexus activities; and

Regional organisations, particularly in

Africa, South Asia and Oceanic countries
engage independently with further Nexus
dialogues focusing on regionally specific
issues and implementation barriers.

Focus Action on Water and Disasters

The UNSGAB stresses the importance of further
action on the issue of disaster risk reduction,
in line with the outcomes of the UN Special
Thematic Session on Water and Disasters
and the High-level Expert Panel on Water and
Disaster (HLEP/UNSGAB) both held in March
2013. During the next phase, UNSGAB members
and secretariat will undertake the following
actions in close collaboration and co-ordination
with the newly formed High-level Experts and
Leaders Panel on Water and Disasters (HELP/
UNSGAB).
Board Members will actively respond to
occasions where they can advocate national,
regional and local policies and co-operation
measures which can reduce disaster risks. The
UNSGAB supports the principles and approach for
priority action as developed and summarised in
six urgent imperatives formulated in Water and
disaster: High-Level Expert Panel on Water and
Disaster/UNSGAB, May 2009:
Galvanize and mobilize before disaster
strikes;

INTEGRATED RIVER BASIN

MANAGEMENT
The Department of Irrigation and
Drainage Malaysia which is tasked
with managing the river system, one
of the main sources of water supply,
has practiced Integrated River Basin
Management (IRBM) in integrating and
co-ordinating policies, programmes and
practices and addressing water and
river-related issues. In essence, it is
about bringing nature back to rivers and
implementing all the key elements to
achieve this. However, the Department
requires improved profes sional
capabilities and increased financial,
legislative, managerial and political
capacity.
With rapid urbanisation and
industrialisation, problems and
issues relating to rivers and the river
environment are expected to intensify.
River basins need to be managed in
an integrated and holistic manner.
Corresponding institutional and legal
changes are needed, coupled with an
effective administrative framework.
Above all, political will and commitment
are vital to ensure success.

Actions and systems to inform, protect,

warn and evacuate are of paramount
importance.;
Risk reduction measures to be incorporated
in national development planning;
Create and support occasions to share
lessons of disaster response;
Arrangements for providing safe drinking
water and sanitation are key elements in
an effective disaster response; and
Data creation and collection on response
measures are imperative.
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INGENIEUR

Photo courtesy of Ricky Fong Ten Fook

The UNSGAB commits to:

Creating an occasion for a dialogue focusing

on water and disasters in the South Asian
area in the eventuality that a Board meeting
can be organised in the region;

Encouraging the co-operation between

UNSGAB and UN Office for International
Strategy for Disaster Reduction (ISDR) with
support of HELP/UNSGAB in ensuring that
HLEP/UNSGAB goals, objectives, lessons
learned and best practices from the 2009
report are mainstreamed into the mission
of the UN system;

Encourage the creation of specific dialogues

on lessons learned and best practices in
response to water related disasters;
>> At UN (GA and ECOSOC),
>> At the 7th World Water Forum in Korea
in 2015,
>> At relevant ISDR, World Meteorological
Organization (WMO), FAO, UN-Habitat
meetings, and
>> At the Milan 2015 exhibition (Expo
Milano); and

Within the existing resource constraints,

assist HELP/UNSGAB to strengthen its
functions in implementing its Action Plan
which will include continued advocacy
toward tangible, numerical targets for
disaster risk reduction as part of the postMDG and SDG.
The success and impact of these efforts will
also depend on actions by others such as:

National and local Government s,

civil society, private sector and other
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stakeholders meet their objectives under

the Hyogo Framework;
ISDR and WMO step up their disaster
preparedness efforts;
Partners participating in the Special
Thematic Session on Water and Disasters
act on the commitments made;
All levels of Governments strengthen public
education and increase response capacity
on disaster prevention and reduction; and
All countries pay attention to capacity
building in formulating national disaster
reduction planning and strategies including
with a focus on training staff and reducing
health and safety risks while training staff
to qualify for disaster prevention.

Conclusion
With water supplies remaining fairly constant
and with its uneven distribution over the region
and different times of the year, the increasing
demand owing to population expansion, increasing
agricultural demand, industrial use, power
generation etc., the equation between demand
and supply is an intricate one. The Hashimoto
Action Plan sets the right direction for managing
the future optimum use of water resources.
ACKNOWLEDGEMENT
The author wishes to thank the Division for
Sustainable Development of UNs Department for
Economic and Social Affairs for the permission to
publish this extract of the Hashimoto Action Plan
III. For detail information, please refer to www.
unsgab.org.

REPORT

TRANS-BOUNDARY
WATER CO-OPERATION &
INTERNATIONAL WATER
LAW
By Tan Moi Kwan

ith the increasing demand for water

among countries sharing common
water basins, competition for water use
is getting more intense as populations expand
along with greater land use among the riparian
countries. It was reported in UN WATER that
over the last 50 years, there have been 37 acute
disputes involving violence over water disputes
and 150 treaties signed. The UN believes that
water disputes should be handled diplomatically.
The Mekong River is a good example where
water sharing (between Cambodia, Laos, Thailand
and Vietnam) is being managed cordially under the
Mekong River Commission. The UNDP report 2006
provided the breakdown of sectorial distribution
of 145 agreements on trans-boundary water
resources in relation to:
a. hydropower(39%)
b. water utilization (37%)
c. flood control (9%)
d. industrial allocation (6%)
e. navigation (4%)
f. pollution (4%) and
g. fishing (1%).
Geographically, a total of 145 countries have
their territories within international basins and

21 countries lie entirely with international basins.

Treaties on trans-boundary water management
require close co-operation among the riparian
countries sharing a common river basin. History
of water treaties can be traced back thousands
of years where disputes among countries were
settled through agreements. One quoted example
was the water dispute between neighbouring
nations along the Tigris River that was settled
through some form of agreement few thousand
years ago.
There are some questions related to the force
of law on these treaties but many of them serve
their purpose well. Some of the main treaties and
doctrines of interest used among the riparian
countries are listed below for reference.
The Doctrine of Absolute Integrity
A state may not alter the natural flow of waters
passing through its territory in any manner which
will affect the water in another state.
Doctrine of Limited Territorial Sovereignty
Conforms to the general legal obligation to use
ones property in a manner which will not cause
injury to others.

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INGENIEUR

The Mekong River is a good example where water sharing (between Cambodia, Laos, Thailand and
Vietnam) is being managed cordially under the Mekong River Commission. (Picture from Wikimedia.org)
Doctrine of the Communality of International
waters
A community or riparian communalism of interest
between or among basin states, and treats the
total volume of basin water as a shared resource.
The Doctrine of Corrective Rights
The emphasis is on the most efficient utilization
of joint water resources, rather than on ownership
rights.
Doctrine of Equitable Use
Requires the interests of all riparian countries to
be taken into account when allocating and using
the waters of international water courses.
UN convention on the Law of Non-navigational
uses of International Water Courses
This provides a common framework for cooperation within International river basins.
Convention on the Protection and Use of Transboundary and International Lakes
Aims to improve national attempts and measures
for protection and management of trans-boundary
surface waters and ground waters.
Espoo Convention of 1991
Parties shall take all measures to prevent , reduce
and control significant adverse on trans-boundary
environmental impact from proposed activities.
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Harmon Doctrine of Absolute Sovereignty

(outdated and redundant)
The absolute freedom of a riparian state, often the
uppermost riparian, to utilize the waters flowing
through its territory, regardless of the effect of its
actions on other riparian states.
Convention on the Law of the Non-navigational
uses of International Watercourses
This applies to uses of international watercourses
and of their waters for purposes other than
navigation and to measures of protection,
preservation and management related to the
uses of those watercourses and their waters.
The general principles cover equitable and
reasonable utilization and participation. One of
the articles covers protection and preservation
of ecosystems, regular exchange of data and
information and prevention of pollution. The
settlement of disputes is by peaceful means
through mediation or conciliation by a third party
or to submit the dispute to arbitration or to the
International Court of Justice.
WATER CO-OPERATION
At the UN-Water Decade Programme on
capacity development (UNW-DPC) organised by
High Level Panel 6 on water co-operation and
capacity building in 2013, it was concluded that

effectiveness of capacity development of water

co-operation should be needs-based and entail
capacity needs assessment among others.
The key points mentioned were as follows:
Water Co-operation for Human Development.
Water is a key factor that contributes to economic
growth, social inclusion, peace, stability and
the reduction of hunger and poverty. Water
cooperation must include all interest groups and
stakeholders. Investment in womens capacity
development for achieving water security needs
to focus on empowering women, especially those
from disadvantaged communities. It is also
important to build on existing capacity, and not
to ignore the skills and the capacity that already
exists. Vocational training is considered an
important element.
Water Co-operation for Economic Benefits.
The key to water co-operation for economic
benefits is that the benefits are clear. The drivers
for water co-operation often lie outside of the
water box. Taking a broader perspective, economic
benefits may also be achieved where water is just
one element of the co-operation, e.g. the virtual
water traded in agricultural goods may free some
water resources for other economic activities.
Addressing issues such as water recycling and
reuse can lead to greater resource efficiency and
economic benefits, provided effective policies and
regulations are in place ensuring that risks are at
a minimum. Many water problems entail elements
of inefficiency, be it with regards to drinking water
supply, irrigation, or water resources management
at large. Co-operation and co-ordination between
different sectors can help improve efficiency and
lead to greater economic benefits.
Water Co - operation for Ecosystems.
Ecosystems provide important services to
society, and to ensure their continued provision
requires Governments to protect ecosystems
and to take into account the water requirements
of these ecosystems. It has to be recognized
by Governments that intact ecosystems are
an essential element of water, energy and food
security. Also with respect to adapting to the
effects of climate change, intact ecosystems play
an important role.
Water Co-operation across Boundaries.
Regional co-operation plays an important role
in building capacity beyond that of individual

countries. The pooling of resources may help

to achieve greater impact with given funds,
particularly where funds are not sufficient to build
effective institutions at the national level. Creating
regional institutions and mechanisms with the
right capacity would be a step forward in many
basins.
In addition to the points above, the following
key points were highlighted:

Putting water co-operation into practice is a

challenging task which can be supported by
capacity development;

Capacity development must go beyond

human capacity development and set
greater focus on institutional capacity
development; and

International organisations can play an

important role in facilitating institutional
capacity development and supporting
water cooperation.
THE WAY FORWARD
The UN 2030 Agenda for Sustainable Development
has set a standalone Sustainable Development
Goal No. 6 by 2030 to ensure availability and
sustainable management of water and sanitation
for all. The goal covers, among others, the
increase of water use efficiency and integrated
water resources management at all levels,
including through trans-boundary co-operation as
appropriate. It also calls to expand international
co-operation and capacity building support to
developing countries in water and sanitationrelated activities and programmes.
For this to take place in an effective manner
among countries sharing trans-boundary water,
the co-operation structure and understanding
among riparian countries is vital so that water as
a resource can be shared and used optimally.
REFERENCE
UN Water Organization
Extract of Summary Report of UNW-DPC at the
High Level International Conference on Water Cooperation 2013 with the permission of United
Nations.
International journal of China Studies Vol 6
Number 1 of ICS, University Malaya

63

ENGINEERING & LAW

INGENIEUR

INDEMNITIES
by Ir. Harbans Singh K.S.
P.E., C. Eng., Advocate and Solicitor (Non-Practicing)

Other than insurance requirements, almost all of

the local standard forms of conditions of contract
incorporate express provisions requiring the
contractor to indemnify the employer against third
party claims arising from carrying out of the contract
works.1 Some of these contracts also provide for the
employer to indemnify the contractor against third
party claims arising from defaults/omissions of the
employer and/or its authorised agents. In a similar
vein to insurance, such indemnity clauses are
essentially risk transfer arrangements between the
parties whereby the indemnifier assumes primary
responsibility for the specified obligation and in the
process relieves the indemnified party of it.2 Often
confused with insurance provisions, indemnity
clauses are distinct both in terms of nature and
effect; the practical manifestation of which are that
they are legal instruments affording the indemnified
protection against possible loss or damage, or legal
exemption from penalties incurred.
However, the right to indemnification of a person
as explained in Hudsons Building and Engineering
Contracts3 can arise in three main ways, these
being:

through a direct contractual agreement

between the parties; or
by implications by law; or
arising statutorily.

Of these, since the first of the above three types

is more commonly encountered in practice, this
write-up will address it in greater detail.

1
2
3
4
5

6
64

Definitions/Meaning
In order to fully comprehend the exact scope
and workings of indemnities, it is appropriate
to examine some authoritative definitions/
pronouncements; a notable example being the
Dictionary of Construction Terms4 which defines
an Indemnity to be:
The reimbursement of one party, the
indemnitor, of another, the indemnitee, under
an agreement to do so, or arising from principle
of law or statute
In the Construction Contracts Dictionary,5 the
learned author explains the meaning of the term
Indemnity in the following fashion:
1 An undertaking by one party to make good
any loss, damage or liability incurred by
another;
2 The right of an injured party to be
reimbursed for its loss, damage or liability
from a person who has a duty to indemnify.
In the construction industry, however, the
term is sometimes used loosely as a synonym
for Warranty under which a party (such as a
specialist sub-contractor or supplier) is made
directly liable to the building owner for defects or
other quality problems

The indemnity obligation can be formalised

either through suitably drafted Indemnity

See, eg cl 18.0 PAM Contract 2006 (With Quantities) and PAM Contract 2006 (Without Quantities).
See Sundra Rajoo, WSW Davidson, Harbans Singh KS The PAM 2006 Standard Form of Building Contract p287.
(12th Edn, 2010) p 1294 para 10-26.
By Fenwick Elliott at p 143
By Chow Kok Fong at p 199.

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clauses or Indemnity contracts.6 Indemnity

clauses are merely provisions in the contract
spelling out the various elements of the
particular indemnification obligation that is
required or agreed to by the parties, eg nature,
scope, entitlements, etc. Examples of these
have been adverted to before.
Contracts of Indemnity
Indemnity contracts however are a distinctly
separate form of a legal document. Section 77 of
the Malaysian Contracts Act 19507 stipulates:

A contract by which one party promises to

save the other from loss caused to him by
the conduct of the promisor himself, or by
the conduct of any other person, is called a
contract of indemnity.

ILLUSTRATION
A contracts to indemnify B against the
consequences of any proceedings which C may
take against B in respect of a certain sum of
RM200. This is a contract of indemnity.

Section 788 further provides for the entitlements

of the indemnity holder against the promisor.

Often confused with Contracts of Guarantee, a

Contract of Indemnity is however different in the
following main ways:9

6
7
8
9
10
11
12
13
14
15
16

under a Contract of Indemnity, the

indemnifiers liability is original and
independent: Western Credit v Alberry,10 i.e.
the contract gives rise to an independent,
stand-alone obligation to keep harmless
against loss: Yeoman Credit Ltd v Latter;11

under a Contract of Guarantee, the

guarantors (suretys) liability is collateral
to and dependent upon the liability and
default of a third person. In short, it exists
side by side with another contract (eg, the
principal contract between the employer
and the contractor): Barclay Mowlem
Construction Ltd v Simon Engineering
(Australia) Pte Ltd;12
mere labeling of the instrument is not
conclusive of its nature and legal effect.
The instrument has to be construed as a
whole to establish whether it is in fact
a Contract of Indemnity or a Contract of
Guarantee. The task is not made any easier
since it is common practice for a Contract
of Guarantee to also include indemnity
clauses;13
under a Contract of Indemnity, the
promisee is obliged to show the actual loss
or damage suffered by it before it is entitled
to be indemnified by the promisor: Sadlers
Co v Badcock.14 This is not strictly the case
for a Contract of Guarantee;15
most insurance contracts are Contracts
of Indemnity, the exceptions being life
and personal accident policies: Medical
Defence Union Ltd v Department of
Trade.16 Since the Insurance Contracts are
not Contracts of Guarantee, the insurers
liability is independent of the principal
debtors default whilst a guarantors (or
suretys liability) is collateral in nature;

Or Contracts of Indemnity.
(Act 136) (Revised 1974).
Entitled Rights of Indemnity holder when sued.
See Chappell, Marshall, Powell-Smith & Cavender Building Contract Dictionary (3rd Edn) pp 206, 207.
[1964] 2 All ER 938, CA.
[1961] 2 All ER 294, 296, CA.
(1991) 23 NSWLR 451; see also Contracts Act 1950 s 79.
See Lee Mei Pheng Law of Guarantees p 14.
(1743) 2 Atk 554, 1 Wils 10.
See paras [2.11][2.15] above.
[1980] Ch 82 at 89. See also Poh Chu Chai General Insurance Law p 513.
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INGENIEUR

whilst it is an essential feature of an

Insurance Contract being a contract
uberrimae fidei (ie, of utmost good faith),
this is not so for a Contract of Guarantee or
even for a Contract of Indemnity (other than
the Insurance Contract).17

Terminology
The subject of indemnification is further
complicated by the lack of consistency in the
terminology employed. Hence, one should be
mindful of the following:
for Indemnity contracts, the Malaysian Contracts
Act 1950 vide section 77, describes the person
providing the indemnity as the promisor and
the person who receives the indemnity as the
promisee;

in the Dictionary of Construction Terms,18

the party giving the indemnity is called
the indemnitor and the party receiving
the indemnity is termed the indemnitee.
A similar terminology is adopted in Blacks
Law Dictionary19 except that it also calls the
indemnitor an indemnifier;
the local conditions of contract as adverted
to in this portion of the write-up do not
adopt any particular labels; confining
these merely to the parties themselves, ie
contractor and employer; and
in view of the above, though the actual
terminology may vary but its purpose and
effect should be construed in relation to the
particular reference or drafting employed.

Contractual Provisions in Standard Forms

Most, if not all the local standard forms have
incorporated express provisions pertaining to
indemnity requirements. Often accompanying the
insurance clauses, these are usually confused
with the latter although their scope, obligations
and procedural requirements are different in many

17
18
19
20
6
66

See Lee Mei Pheng Law of Guarantees p 15.

By Fenwick Elliott LLP p 143.
(9th Edn) p 837.
See paras [2.16][2.22] above.

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respects. Some of these provisions have been

included in the preceding section on Insurance20
and therefore will not be repeated here for the
sake brevity. Others are reproduced here below
for ease of reference.
PAM Contract 2006 (With Quantities):

Clause 18.0: Injury To Person Or Loss And/

Or Damage Of Property And Indemnity To
Employer
PAM Contract 2006 (Without Quantities):

Clause 18.0: Injury To Person Or Loss And/

Or Damage Of Property And Indemnity To
Employer
PAM Sub-Contract 2006:

Clause 19.0: Injury To Person Or Loss And/

Or Damage Of Property And Indemnity To
Contractor
JKR Forms 203 & 203A (Rev 1/2010):

Clause 14.0: Indemnity In Respect Of

Personal Injuries And Damage To Property
PWD Form DB (Rev 1/2010):

Clause 38.0: Governments Indemnity In

Respect Of Injury To Persons And Damage
To Property
JKR Sarawak Form of Contract (2006):

Clause 24.0: Indemnity For Injury To

Persons And Property Damage
Form CIDB.B(NSC)/2002:

Clause 23.0: Third Party Liabilities and

Indemnities
CIDB Form (2000 Edition):

Clause 35.0: Indemnity Provision

Indemnity Clauses: Purpose
Owing to the nature and complexity of engineering
and construction works, there is a real possibility
of claims arising pursuant to some act, omission,

default or negligence of the contractor and/or

its sub-contractors. It can also happen that the
employer and/or its authorised agents21 are the
parties responsible for the defaults, omissions,
acts or negligence giving rise to claims especially
by third parties. Hence, it is common practice
for the parties to incorporate relevant indemnity
provisions in their contracts to protect themselves
against such claims that are caused by the other.
Accordingly, one party will expressly undertake
the obligation to make good for defined damages,
costs, losses, etc incurred by the other as a
consequence of one or more agreed events or
instances that are attributable to it or caused
by it. 22 Whilst, it is common practice in other
jurisdictions for both parties to provide such
indemnities, in Malaysia, it appears that the
onus lies only on the contractors and the subcontractors.
Indemnity Clauses: Construction
It is trite law that an indemnity clause is strictly
construed by the courts, ie by the application of
the contra proferantum rule of construction.23 In
Walters v Whessoe Ltd and Shell Refining Co Ltd,24
Lord Devlin stated:
If a person obtains an indemnity against a
consequence of certain acts, the indemnity
is not to be construed so as to include the
consequences of his own negligence unless
those consequences are covered either
expressly or by necessary implication.
Further and in addition to the above, the
following matters need to be taken due cognisance
of:

21
22
23
24
25
26
27
28
29
30
31
32

there is a general presumption that unless

very clear words are used,25 the indemnity
will not be held to cover loss or damage
caused by the indemnified partys own
negligence: AMF International Ltd v Magnet
Bowling Ltd;26
the second exception to the said
presumption is the situation that there is
no other type of loss which the indemnity
clause could have been intended to cover:
Dorset County Council v Southern Felt
Roofing Co Ltd;27
an indemnity clause will also be strictly
construed in a situation where it seeks
to hold a party liable for the defaults of
any persons other than themselves and
over whom they have no control: City of
Manchester v Fram Gerrard Ltd;28
the liability of a party under an indemnity
clause does not crystallise until the loss
or damage suffered by the other party has
been established: County and District
Properties Ltd v C Jenner & Son Ltd; 29
and
since it is from this time that the limitation
period runs under the relevant Limitation
Act or Ordinance,30 that an appropriately
drafted indemnity clause can effectively
extend the period of limitation which would
otherwise apply.

Nature of Claims and Contribution

A claim brought against an indemnifier31 by a
claimant 32 under an indemnity clause must

Ie consultants, contract administrators, etc.

See Chappell, Marshall, Powell-Smith & Cavender Building Contract Dictionary (3rd Edn) p 206.
See City of Manchester v Fram Gerrard Ltd (1974) 6 BLR 70.
(1968) 6 BLR 23 at 34.
Smith v South Wales Switchgear Co Ltd [1978] 1All ER 18.
[1968] 2 All ER 789.
(1989) 48 BLR 96, CA.
(1974) 6 BLR 70.
[1976] 2 Lloyds Rep 728.
Eg, Limitation Act 1953 (Act 254); Limitation Ordinance (Sabah Cap72); Limitation Ordinance (Sarawak Cap49).
Or Promisor or Indemnitor.
Or Promisee or Indemnitee.

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establish on a balance of probabilities the
formers liability for all loss or damage suffered by
the latter in respect of matters within the scope or
ambit of the particular indemnity clause involved:
Chung Syn Kheng Electrical Co Ltd v Regional
Construction Sdn Bhd.33
The losses or damages recoverable may be
reduced on account of the fault34 of the claimant
or of any person for whom the claimant is
responsible. Accordingly, the indemnifiers liability
of indemnification must be reduced in proportion
to the extent such fault has contributed to the
loss or damage being claimed: Nance v British
Columbia Electric Railway. 35 The courts have
interpreted the term damages in respect of
such clauses widely to include also loss of life
and personal injury: Harrison v British Railways
Board.36

In a similar vein, the nominated sub-contracts39

reflect similar categories or by the nominated
subcontractor to the contractor itself.
(1) Category One: Personal Injury or Death of Any
Person

This category is featured in almost all the local
standard forms of conditions adverted to before.
Notable examples are Clause 18.1 PAM Contract
2006 (With Quantities) PAM Contract 2006
(Without Quantities); Clause 14.1 JKR Forms 203
& 203A (Rev 1/2010); Clause 24.1 JKR Sarawak
Form (2006); Clause 35.1 CIDB Form (2006);
etc, although the drafting style and content are
dissimilar. The following pertinent points should
be noted:

It is to be noted that the principle of contribution

as adverted to above normally applies to claims
arising under such indemnity clauses for causes
of action involving tort and to a certain extent for
breach of a contractual duty of care: Barclays
Bank Plc v Fairclough Building Ltd37 and is often
incorporated as an express provision in the
contract itself.38
Nature and Extent of Indemnities under Express
Provisions
Under the standard forms of contract, the
contractor assumes liability for and indemnifies
the employer against any liability arising out of
the execution of the works under the contract in
respect of the following broad categories:

33
34
35
36
37
38
39
40

6
68

Personal injury or death of any person;

Injury or damage to property;
Claims by workmen.

the contractor bears a rather wide

and onerous burden arising from the
particular wordings employed in the
various provisions; typical examples
being any damage, expense, liability,
loss, claim or proceeding in the PAM
2006 Forms; all actions, suits, claims or
demands, proceedings, losses, damages,
compensation, costs (including legal costs),
charges and expenses whatsoever . in
the JKR Form (Rev 1/2010), etc;
the scope of the indemnity apparently
covers not only liabilities arising under
the contract but even at common law
and/or statute40 for the injury or death of
any person arising out of, or caused by
the carrying out of the works under the
contract;
the precondition to the crystallisation of the
contractors liability is premised on some

[1987] 2 MLJ 763 (Brunei).

ie the default, omission or neglect.
[1951] AC 601.
[1981] 3 All ER 679.
[1992] CILL 848.
See eg, cl 35.3 CIDB Form (2000 Edn).
Eg, PAM Sub-Contract 2006; JKR 203N (Rev 1/2010), etc.
See Clause 18.1 PAM Contract 2006 (With Quantities), PAM Contract 2006 (Without Quantities); Clause 24.1 JKR
Sarawak Form 2006.

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>> the contractor is liable unless the cause

of the injury or death can be attributable
to the employer within the ambit of the
relevant provision;

fault or default of the contractor. Here, the

different forms of conditions of contract
have employed varying drafting styles in
describing such fault or default; typical
examples being:

>> where both the contractor and

the employer are the cause of the
injury or death, then there will be an
apportionment of liability between
them in proportion to contribution to
the cause;

>> any negligence, omission, default and/

or breach of contract : Clause 18.1
PAM Contract 2006 (With Quantities),
PAM C ontr ac t 20 0 6 ( W i thou t
Quantities);
>> any act, omission, breach or default
: Clause 14.1 JKR Forms 203 & 203A
(Rev 1/2010); Clause 38.2 PWD Form
(Rev 1/2010).

>> generally, unless it is expressly provided

for to the contrary, the employer carries
full liability for neutral or non-negligent
risks: Callaghan and Anor trading as RW
Construction v Hewgate Construction;45

In essence, even if not specifically mentioned

such fault or default extends even to negligence
causing the personal injury or death: Sharpe v
ET Sweeting & Son Ltd;41 AC Billings & Sons Ltd
v Riden.42

41
42
43
44
45
46
47
48

It is trite that under this category of

Indemnity, the contractor is liable unless
the employer is proven to be so. The
contemporary development is that the
contractors liability for indemnification is
generally excluded or reduced to the extent
that injury or death is caused by any act or
neglect of the employer or anyone for whom
the latter is legally responsible.43 This is
reflected in the relevant provisions of the
standard Forms, albeit in different drafting
styles, e.g. Clause 18.1 PAM Contract
2006 (With Quantities), PAM Contract
2006 (Without Quantities); Clause 14.1 JKR
Forms 203 & 203A (Rev 1/2010); Clause
24.1 JKR Sarawak Form (2006), etc. The
net effect of such provisions is that:44

>> the contractor is not liable for parties

for whom the employer carries vicarious
liability in law: Clayton v Woodman &
Son (Builders) Ltd.46 This includes its
employees and agents; and
>> the category of persons envisaged does
not include trespassers although there
are contrary views on this.47

The contractors indemnities under this

category arise notwithstanding the fact
that it has taken insurance to cover its
liability for the matters that are required to
be indemnified. Here, the following points
need to be noted:48
>> the insurance in question are either
stipulated in the contract to be taken
by the contractor eg clause 19.1 PAM
Contract 2006 (With Quantities), PAM
Contract 2006 (Without Quantities);
clause 15.0 JKR Forms 203 & 203A

[1963] 2 All ER 455, 1 WLR 655; and also Gallagher v N McDowell Ltd [1961] NI 26, CA.
[1958] AC 240, HL; cf George Hawkins v Chrysler (UK) (1986) 38 BLR 36.
Eg, third parties, consultants, etc.
See also Sundra Rajoo, WSW Davidson, Harbans Singh KS The PAM 2006 Standard Form of Building Contract pp
288, 289.
(1995) 75 BLR 11, CA.
(1962) 4 BLR 65.
See Letang v Cooper [1965] 1 QB 232.
See Sundra Rajoo, WSW Davidson, Harbans Singh KS The PAM 2006 Standard Form of Building Contract p 287.

69

INGENIEUR
(Rev 1/2010), etc or are purchased by
the contractor on its own volition;

(2000 Edn); Clause 21.1 IEM Forms CE.2011 and

ME.2012, etc. Particular cognisance should be
taken of the following matters:

>> in the former scenario, though the

insurance is procured by the contractor,
however the necessary premiums are
essentially paid for by the employer.49
Hence, these are to the employers
account. Even in the latter case, the
employer normally ends up paying
as most contractors would factor the
premiums into the contract costs; and

>> it is also common for the contract

stipulations on insurance as adverted
to above to state that the insurance
obligations are without prejudice to
the contractors indemnities given
under the contract.50 The legal and
practical effect of this stipulation is
that should the contractor default
(i.e., fail to procure the necessary
insurance cover or fail to provide for
adequate cover or fail to maintain the
necessary cover) or any insurance
procured is rendered ineffective or
fails in total, the contractors liabilities
for indemnification continue unabated
in full. This means that the contractor
will have to make the necessary
compensation or indemnification on its
own.
(2) Category II: Injury or Damage to Property

This category of indemnification is also prevalent
in all the local standard forms of contract. Typical
examples include Clause 18.2 PAM Contract
2006 (With Quantities), PAM Contract 2006
(Without Quantities); Clause 14.1 JKR Forms 203
& 203A (Rev 1/2010); Clause 38.2 PWD Form
DB (Rev 1/2010); Clause 24.2 JKR Sarawak
Form of Contract (2006); Clause 35.2 CIDB Form
49
50
51
52
53
54
55

Usually as an item in the Preliminaries.

Under any other express provision.
Clause 18.2.
Clause 14.1/Clause 38.2.
Clause 24.2.
Clause 35.2.
Clause 21.1(1).

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again a seemingly wide and onerous

obligation that is distinct from the other
categories of Indemnity. However, its nature
and scope is somewhat limited by the ambit
of the particular provision as it deals with
injury or damage to property only;
the generic label of injury or damage
to property is a mere umbrella phrase
that must be broken down and dealt
with separately to tie it in with the actual
wordings adopted in the different conditions
of contract. Hence, injury or damage and
property will be addressed separately;
the first component injury or damage is
variously described in the local forms of
conditions of contract; typical examples
are:
>> in the PAM Contracts 2006 (With
Quantities), PAM Contracts 2006
(Without Quantities)51 the term used
is loss and/or damage for any kind
whatsoever;
>> in the JKR/PWD Forms (Rev 1/2010)52
the description is loss, damage or
injury of whatsoever nature or kind;
>> in the JKR Sarawak Form (2006)53 the
term used is only damage whatsoever;
>> the CIDB Forms 54 employ the term
injury or damage of any kind;
>> the IEM Forms55 use the term loss or
damage.

It might be argued that each of the above

terms is a legal term of art or alternatively
are synonymous and a mere exercise of
semantics. Be that as it may, although the
general intent might be clear, the actual
meaning that needs to be ascribed to the
particular term will need to be elicited from
the proper construction of the provision in
question.

>> is due to any negligence, omission or

default of the contractor or any person
for whom the contractor is responsible.

>> the contractor itself; and/or

>> any person for whom the contractor
is responsible, ie its agents, servants,
persons who may be on site in
connection with the works (eg, subcontractors, nominated, domestic,
novated, etc).61 It therefore excludes
the employer and persons for whom
the employer is responsible, local
authorities, statutory undertakers, etc.62

as to the second component, here again

there is a divergence in the various express
provisions; the common labels being:
>> property real or personal;56 or
>> merely proper ty only 57 without
expanding on its types.

It is submitted that category two of the

indemnification is meant to cover both
real and personal property even if not so
expressly stipulated encompassing:
>>
>>
>>
>>

land;
buildings, structures, etc.;
the works;58 and
personal chattels.

there is also a tendency of local forms

to expand the scope of indemnification
beyond the contract works to include also
any other property of the Employer;59 the
caveat being that the injury or damage:60
>> arises out of or in the course of or
by reason of the carrying out of the
execution of the works; and

recapitulating from the above, the

contractors liability crystallises only when
there is some fault or default on the part of:

The fault or default must be of the type

stipulated in the particular conditions of
contract; these being:
>> negligence, omission, default and/or
breach of contract;63
>> act, omission, breach or default;64 and
>> negligence, omission or default.65

The IEM 66 and CIDB Forms 67 do not

specifically mention any fault or default
on the part of the contractor as a precondition to the attachment of liability but
merely state that such liability shall accrue
insofar as such injury or damage arises
out of or in the course of or by reason of
the execution of the works . Although
prima facie, general in wording, its scope

56 See cl 18.2 PAM Contract 2006 (With Quantities), PAM Contract 2006 (Without Quantities), etc.
57 See cl 14.1(b) JKR Forms 203 & 203A (Rev 1/2010).
58 See Surrey Heath Borough Council v Lovell Construction Ltd and Haden Young Ltd (1990) 48 BLR 108.
59 See cl 18.2 PAM Contract 2006 (With & Without Quantities), Clause 24.2 JKR Sarawak Form (2006), etc.
60 Ibid.
61 Including their agents or servants.
62 Chappell and Powell-Smith The JCT Design and Build Contract (2nd Edn) p 254.
63 See cl 18.2 PAM Contract 2006 (With Quantities), PAM Contract 2006 (Without Quantities), etc.
64 See cl 14.1(b) JKR Forms 203 & 203A (Rev 1/2010), etc
65 Clause 24.2 JKR Sarawak Form (2006).
66 Clause 21.1 IEM.CE 2011 and ME.2012 Forms
67 CIDB Forms (2000 Edn) and B.NSC/2002.

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INGENIEUR
is actually very wide encompassing acts,
defaults, breaches, omissions and even
some breaches of statutory duty.68

notwithstanding, the apparently wide

scope of the contractors said liability, it
is nevertheless ameliorated by expressly
stipulated exceptions; these being mainly
in regard to:
>> those acts or defaults69 caused by the
employer and/or persons for whom the
employer is responsible;70

>> the persons subject to this provision are

the employer, the consultants, contract
administrators or their authorised
representative; and

>> those losses or damages caused by

specified perils where the employer has
assumed the risk under any insurance
policies taken up by the latter;71

>> these persons are absolved of liability by

reason of any negligence or omission
on their part or in failing to supervise or
control the contractors site operations
or methods of working or temporary
works, or to detect or prevent or remedy
defective work, or to ensure proper
performance of any obligation of the
contractor under the contract.76

>> those arising upon the permanent use

or occupation of the works or any part
of the works by the employer;72 and
>> those arising due to the unavoidable
consequence of the contractors
execution of the works or the making
good of the defects of the works in
accordance with the contract.73

D Chappell and V Powell-Smith in The

JCT Design and Build Contract74 are of
the opinion that the contractors liability
does not also apply to loss or damage
to the works or materials on site
up to the date of practical completion,
partial possession of a particular part or
determination.

68
69
70
71
72
73
74
75
76
77

6
72

in regard to the first exception above,

most conditions of contract now expressly
state that notwithstanding the presence
of the said exception, the contractors
indemnities shall not be defeated nor
reduced in the event the employer or its
contract administrators or their authorised
representatives have negligently caused or
contributed to the loss or damage resulting
thereby.75 Here, it should be noted that:

Despite attempts by employers to shift

the said liability to the contractor through
such express stipulations, it is clear that
the courts construe such provisions
very strictly, often applying the contra
proferantum rule of construction. In Arthur
White (Contractors) Ltd v Tarmac Civil
Engineering Ltd,77 it was held that clear
words must be used by the employer to
allow it to enforce the indemnity clause
notwithstanding the employers own liability
for negligence to the third party.

See Letang v Cooper [1965] 1 QB 232.

This includes negligence, omissions, etc..
See cl 38.2(b) JKR Forms 203 & 203A (Rev 1/2010), etc.
See cls 20B.1B.5 or 20C.1C.5 PAM Contract 2006 (With Quantities), PAM Contract 2006 (Without Quantities),
etc.
See cl 21.1(2)(a) IEM.CE 2011 and ME.2012 Forms.
See cl 21.1(2)(b) IEM.CE 2011 and ME.2012 Forms.
(2nd Edn) p 255.
See cl 18.4 PAM Contract 2006 (With Quantities), PAM Contract 2006 (Without Quantities); cl 24.4 JKR Sarawak
Form (2006), etc.
Ibid; see also Sukumaran v Building Construction Co (Malaya) Ltd [1969] 1 MLJ 233.
[1967] 3 All ER 586, [1967] 1 WLR 1508, HL; see also Walters v Whessoe Ltd and Shell Refining Co Ltd [1968] 2
All ER 816.

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for the employer to enforce the instant

indemnity provisions, it must understand
that the onus and burden of proof is on it,
namely it must show that:

>> there is an express stipulation in the

contract in regard to instant liability;

>> the Workmens Compensation Act

1952;79 and/or

>> the express stipulation is valid and

enforceable at law;

>> the Employees Social Security Act

1969;80 and/or

>> the ingredients/elements of the said

provision are satisfied, ie the contractor
is in default, etc;

>> any other applicable law.

>> the said ingredients/elements are

proven to the required standard of
proof;78
>> the exceptions to liability (if any) do not
apply; and

Such loss and/or expense to be

indemnified would encompass not only the
compensation actually paid to the workmen
but any loss and expense incurred by the
employer in defending the workmens legal
action.81

>> the heads of liability and their quantum

are particularised and proven to the
said standard of proof.
(3) Category III: Claims By Workmen

A recent development in the country is for a
third category of indemnity to be incorporated in
the conditions of contract. Typical examples of
which include Clause 18.3 PAM Contract 2006
(With Quantities), PAM Contract 2006 (Without
Quantities); Clause 19.3 PAM Sub-Contract 2006;
Clause 24.5 JKR Sarawak Form (2006); etc. The
following features, characteristics and principles
need to be appreciated:

the new category is essentially in regard to

the contractors liability pertaining to claims
by workmen for compensation or damages
payable at law due to any accident or injury
caused to such workmen;

it generally permits the employer to

contractually compel the contractor to
reimburse it for any loss and expense
incurred by it due to any claim made
against it by any workmen in respect of
compensatory payments at law eg under:

this category appears to be confined merely

to claims by:
>> workmen employed in and for the
execution of the works; and/or
>> other person in the employment of the
contractor, nominated sub-contractor or
any sub-contractor.

Hence, generally, these cover all the
contractors and sub-contractors persons
employed for the purposes of carrying
out the works under the contract but
also those individuals who fall under the
definition of workmen under the Workmens
Compensation Act 1952 and employees
under the Employees Social Security
Act 1969 expressly 82 or by necessary
implication. It excludes workmen directly
engaged by the employer, its employees,
its agents or its servants.

78
79
80
81

Which is the civil standard, ie more probable than not probable.

(Act 273) (Revised 1982).
(Act 4).
See also Sundra Rajoo, WSW Davidson, Harbans Singh KS The PAM 2006 Standard Form of Building Contract at
293.
82 See cl 24.5 JKR Sarawak Form (2006).
73

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INGENIEUR

Iconic Bridges & Buildings

of Central Vietnam
By Chin Siew Yin

ietnam is a relatively
narrow country with a long
coast line stretching from
north to south of 5,000 km. It
takes almost two full days to
travel by express train from Ho
Chi Minh City in the south to
Hanoi city in the north. Tourists
often choose to visit either of
the cities and not many know
the old dynasty of Vietnam
with the ancient Hue city in
Central Vietnam as its capital. It
remained the capital until 1945
when it moved to Hanoi after the
last king abdicated his throne
because he couldnt control the
French colonists who were the
real power base back then.

Imperial Citadel

Statues of court officials

guarding the Kings Tomb

Visitors at the East Gate

HUE CITY
The ancient Hue city retains
some of the old kings tombs
that were lavishly constructed
with a series of castle type
buildings and stone statues to
guard them. The old Imperial
Citadel (locals call it the
Forbidden Citadel) or palace
was badly damaged during the
Vietnam War between the Viet
Cong and the American forces
in 1968. However, the main
buildings and entrance gates
of the Citadel are still intact
and are worth visiting. Many of
the features resemble those
of Beijings Forbidden City.
Restoration work of several
buildings that were destroyed
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Skilfully crafted timber work on

corridor roof trusses
during the war is still on going
to restore the grandeur of the
ancient era.
Thanh Toan Bridge, Hue
The ancient tile-roofed Thanh
Toan bridge is situated in Thanh
Thuy village; seven km from
Hue City. Thanh Thuy village
was built in the 16 th century

Lavishly decorated interior of a

Kings tomb. The sunset at back
of the throne symbolizes the
kings death.
with initially 12 family heads.
A niece of the sixth generation
of the Tran family, Mrs Tran
ThiDao, who was the wife of a
high ranking Mandarin during
Emperor Le Hien Tongs reign,
contributed funds to build the
wooden bridge across the canal
that runs through the village.
Now villagers from both sides of

Thanh Toan Bridge has now become a tourist attraction where

tourists can experience the country lifestyle of a farming village
as well as appreciate the ancient tile-roofed wooden bridge. Photo
courtesy of Nguyen Minh Chau

Miss Nguyen Minh Chau (a local

villager) in the foreground. In
background villagers can be
seen relaxing on the benches of
the bridge admiring the scenic
view.
the canal could cross with ease
as well as to rest on the bridge
bench during day or night. In
appreciation of her gesture,
the Emperor granted a few tax
exemptions to the villagers.
In 1925, Emperor KhaiDinh
ordered an altar to be built on
the bridge to worship Mrs Tran
ThiDao.
The 17m long and 4m wide
tile-roofed bridge is a half
hexagon wooden bridge built
on wooden silts with decorative
entrances made of plastered

brick work. The architecture

combines both Chinese and
Japanese features. Two rows of
wooden benches and inclined
parapets were built on both side
of the upper deck for visitors to
rest and lean on to enjoy the
canal scene.
The wooden bridge has
weathered storm, flood and
war over the last two centuries.
Villagers periodically volunteer
to repair and restore it. Taking
cognizance of its rich historical
heritage value, the bridge
underwent some preservation
and restoration work in 1991
and was officially accorded
National Heritage status by the
Cultural Ministry of Vietnam.
HOI AN ANCIENT TOWN
Hoi An is an ancient town situated
about 40 km south of Danang
city. Hoi An ancient town is an
exceptionally well-preserved
example of a Southeast Asian
trading port dating from the 15th

Plaque declaring the Thanh

Toan Bridge as a National
Heritage by the State.
to the 19th century. Its buildings
and its streets plan reflect the
influences, both indigenous
and foreign, that combined to
produce this unique heritage
site. Most of the old shops and
houses demonstrate Chinese
or Japanese architecture. They
are built mainly of brick with
skilfully crafted wooden beams,
walls and columns. There are
also several buildings of French
architecture built with bricks
making a big contrast with
the old timber shop houses.
There are many narrow alleys
and with souvenir shops and
eatery outlets catering to
tourists.
The town is situated at a
delta consisting of several
waterways and canals. The
river front of the town is well
decorated with lighting for night
attraction and activities. We
walked past a local folk game
show called Bai Choi which is
popular in the region. During
the show, humorous songs
were sung by locals dressed in
traditional costumes.
75

INGENIEUR

Houses of French influenced architecture at the river front

A typical street of Hoi An

River front

Interior courtyard typical of old

houses with two air wells and
three segments of building.

Street hawker, a common sight

in ancient Hoi An

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Going back to histor y,

the ancient town was once
the largest harbour port in
Southeast Asia in its early days
where spices and silk were
actively traded. The former
harbour town of the Cham at
the estuary of theThu Bon River
was an important Vietnamese
trading centre in the 16th and
17th centuries, where Chinese
from various provinces as
well as Japanese, Dutch and
Indians settled. During this
period of China trade, the town
was divided with the Japanese
settlement across the 16 th
century Japanese Bridge.
Hoi Ans prominence was
eroded when the French were
given the exclusive rights to
trade in the nearby port town
of Danang. Danang became
the new centre of trade under
the French influence in central
Vietnam while Hoi An became a
forgotten backwater town. It was
also partly due to the river mouth
silting up making it difficult for
bigger vessels to berth., Hoi
An was half abandoned and
remained untouched over the
next 200 years.
Today, the town is a tourist
attraction because of its
history, traditional architecture
and crafts such as textiles
and ceramics. Many bars,
hotels, and resorts have been
constructed both in Hoi An and
the surrounding area. The port
and boats are still used for
fishing and tourism..
In 1999, the old town was
declared a World Heritage site
by UNESCO recognizing it as
a well-preserved example of a
Southeast Asian trading port of
the 15th to 19th centuries, with
buildings that display a unique

blend of local and foreign

influences.
Japanese Bridge, Hoi An
The iconic Japanese Bridge of
Hoi An was built in the 16th
century and officially opened
in 1719 by Lord Nguyen Phuc
Chu. The tile-roofed bridge was
built by the Japanese living on
one side of the canal in order to
connect with the mainly Chinese
settlement on the other side. It
was a symbol of peace. However,
the designer and the builder
remain unknown. Interestingly,
40 years after the bridge was
built, the Japanese were ordered
by the Tokugawa Shogunate to
return to Japan, thus closing
Japan to the outside world.
The bridge with its Zeninspired Japanese architecture
was blended with Chinese
features. There is a shrine in the
middle of the bridge dedicated to
the God of weather that controls
the weather which is important
to the locals considering the
seafaring traditions and the
adverse weather conditions
around Hoi An. There is a pair of
dog statues at one end of bridge
and a pair of monkeys at the
other entrance. It was believed
that the bridge commenced
construction in the year of the
monkey and was completed in
the year of dog according to the
Chinese calendar.
The bridge is 60 ft in length
and 15 ft wide. The bridge
sits on mason block piers and
mason abutments that ensure
its stability and durability. The
entrance to the bridge consists
of a decorated head piece with
name of the bridge crafted on it.
The Japanese Bridge has
undergone a few modifications

Side view of Japanese Bridge from the canal /Song Thu Bon river
junction

Entrance to the bridge with decorative carvings

Close up view of the bridge

masonry piers

Inside the Japanese Bridge

showing the beautiful timber
trusses supporting the roof
tiles. The shrine is on the right
at mid span of the bridge.

Display of old photos next to

the shrine at mid span of the
bridge
77

INGENIEUR
over the centuries. At one
time, the French removed the
threshold and levelled the road
across the bridge to support
motorized vehicles. The bridge
was restored to its original
pedestrian bridge again in
1986.
DANANG CITY
Danang is Vietnam's third
largest city, located mid way
between Hanoi and Ho Chi
Minh City. It is the largest city
of Central Vietnam, sited at the
river mouth of Han River and is
one of the major port cities.
There are several UNESCO
World Heritage Sites within
100 km radius of Danang City
including the Imperial City of
Hue, the Old Town of Hoi An,
and the My Sonruins. It is the
third biggest economic centre in
Vietnam after Ho Chi Minh City
andHanoi.
During theVietnam War, the
city was home to a major air
basethat was used by both the
South Vietnamese and United
States Air Forces.The final US
ground combat operations in
Vietnam ceased on August 13,
1972, when a residual force of
the 196th Light Infantry Brigade
stood down in Danang. After
the US retreat, in the final stage
of war with North Vietnam,
Danang fell to the communist
forces at the end of March
1975.
Today Danang is one of
the fastest growing cities in
Vietnam. From 2006 to 2010,
Danang grew at an average of
11% per annum, higher than
Vietnams annual growth rate of
7%.

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Danang Dragon Bridge A

new Icon
This modern suspension bridge
crosses the Han River providing
the shortest road link from the
Danang International Airport to
other main roads in Danang city,
and a more direct route to My
Khe Beach and Non Nuoc Beach

on the eastern edge of the city.

The bridge was designed and
built in the shape of a dragon
and has since become an icon
of Danang.
Construction of the 666m
long, 37.5m wide six-lane
Dragon bridge commenced in
2009 and was completed in
2013 at a cost of US$88m. The

bridge was designed by the

US-based Ammann & Whitney
Consulting Engineers with Louis
Berger Group. The main span
was completed on October 26,
2012. The bridge was opened
to traffic on March29, 2013,
the 38th anniversary of the
liberation of Danang City.
The dragon itself is modelled
after one of the symbols of the Ly

Dynasty, which ruled Vietnam a

thousand years ago. The dragon
is one of the most important
symbols in Vietnamese culture.
It symbolizes power, nobility and
good fortune. The Dragon Bridge
is also a symbol for Danang's
grow th as an impor t ant
transpor tation, educational
and cultural centre in Central
Vietnam.

The majestic looking

Danang Dragon Bridge a
new icon in Danang City

79

ENGINEERING NOSTALGIA

INGENIEUR

Construction of the GemasRompin Road in 1956

By Cheo Hong Keyong

The Gemas - Rompin Road

was constructed by a JKR
departmental work force and
machineries in 1956. The above
photo was taken on February 9,
1956 during a site tour by the
then Minister of Works, Encik
Sardon bin Haji Jubir.
The photo shows a fleet of
earth moving scrapers moving
earth from adjacent hills to form
the road surface.
A Jabatan Penerangan
Malaysia office document from
that time claimed that with the
completion of the new road, the
distance between Gemas and
Rompin would be shortened by
60 miles.
6
80

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- MARCH 2016
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55JANUARY
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The Gemas end of the road

entering from the junction
with Federal Route 1
heading towards Rompin.

The Gemas-Rompin
Road in 2015

INGENIEUR

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55JANUARY
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