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