An analysis of law on groundwater pollution in Thailand and Malaysia

Abstract

Groundwater resource is considered the largest water reservoir on the earth. It has become the main source of water supply for various purposes in many areas in the world. Groundwater quality is normally clean and less contaminated which can be used immediately upon abstraction. Rapid economic development and fast growing rate of the world population have led to the increased demand of water which leads to groundwater pollution. Groundwater is the main source of water supply in Thailand which is facing various environmental consequences due to exploitation. On the other hand, although Malaysia does not rely mainly on groundwater for public water supply and groundwater remains untapped except in certain regions like Kelantan and Sarawak, groundwater will be resorted to when surface water is in short especially during the draught season, and will be relied upon due to the increasing demand of water in the future. The purpose of this study is to analyze the law on groundwater pollution in Thailand and Malaysia as well as to examine factors which contribute to groundwater pollution. To achieve this, the study assesses the existing policies and laws relating to groundwater pollution of both countries. Thailand’s main effort in controlling groundwater pollution is through the enactment of the Enhancement and Conservation of National Environmental Quality Act 1992 (ECNEQA) and the Groundwater Act 1977 as well the establishment of the National Environment Board (NEB) and the Department of Groundwater Resource (DGR) to enforce the Acts respectively. Malaysia applies legal strategies in controlling groundwater pollution by enacting the Environmental Quality Act 1974 (EQA) and establishing the Department of Environment (DOE) to enforce the Act. This study analyses the scope and strategy employed in ECNEQA and EQA as well as assesses the involvement of environment-related agencies in controlling groundwater pollution. The study concludes, among other things, that successful control of groundwater pollution depends on the elimination of the existing obstacles within the present legal instrument and minimisation of the limitations of the laws.