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Water Governance in The Netherlands and Asian Countries

Bart Teeuwen Congres Water and Oceans 31 October 2013 www.bartteeuwen.com. Water Governance in The Netherlands and Asian Countries. The Importance of a Coherent Legal Framework for the National Implementation of IWRM Principles. Water Governance in General.

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Water Governance in The Netherlands and Asian Countries

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  1. Bart Teeuwen Congres Water and Oceans 31 October 2013 www.bartteeuwen.com Water Governance in The Netherlands and Asian Countries The Importance of a Coherent Legal Framework for the National Implementation of IWRM Principles

  2. Water Governance in General Water Governance is the soft ware of integrated water resources management. Essential Water Governanceprinciples: • Legal framework • Institutionalframework • Structural approach (planning) • Finance system • Participation of stakeholders OECD Report 2011: Water Governance in OECD Countries

  3. IWRM Principles Dublin Declaration 1992 and Agenda 91 Rio de Janeiro 1992 - Water is limitedandvulnerable source - Management of water needsparticipative approach - Womanplayan important role - Water is aneconomicgood Manypublicationsanddiscussionsaboutinterpretationandelaboration of these principles Implementation in nationallegislationneeds time and is a challange 1985 Dutch policy document “Dealingwith Water” start of implementingprocess of IWRM Principles

  4. 1891 Public Works Management Act 1900 Water Administration Act 1904 Embankment/Reclamation Act1908 Rivers Act 1954 Groundwater Act Water Supply Companies 1957 Drinking Water Act 1958 Delta Act 1970 Pollution of Surface Water Act 1975 Pollution of Seawater Act 1981 Groundwater Act 1989 Water Management Act 1991 Water Boards Act 1996 Flood Defense Act 1995 Delta Act Major Rivers 1997 Public Works Management Act 2009 Drinking Water Act 2009 Water Act Dutch Water Legislation Waves

  5. Features in Dutch Water Legislation Waves - From sector approach to integrated approach - From development to management - From general interest to balanced general/individual interest - Flood risk legislation driven by disasters - From short to long decision making process 1900-1950 decision making process ------- implementation ----------------------- 1950-2000 decision making process ----------------------- implementation -------

  6. Integration different water acts for different sub-sectors Integrated approach (one act, one plan, one license, one appeal) True management act Partipationandlegalprotection Cooperation and coordination Framework act Act, Government Regulation, Ministerial Regulation, Regulations of Provinces and Water Boards came into force on the same time. One Act, one plan, one license, one appeal. Features Dutch Water Act 2009

  7. Relation with EU Legislation EU legislation is binding forall members. Resultduty; not effort duty Most important Water Directives: - Water Framework Directive of 2000 - Flood Risk Directive of 2007

  8. Water Acts Asian Countries Country Act G.Regulations Old New Indonesia 1974 2004 10 (6 enacted) Vietnam 1998 2012 in preparation Bangladesh 1992 2013 in preparation Bhutan --- 2012 in preparation Myanmar ---- ---- ------

  9. Law on water resources (Law 7/2004) replaces Law on water resources development (Law 11/1974) 2. Government Regulations in force in preparation PP 16/2005 water supply and sanitation RPP lowlands PP 20/2006 irrigation RPP water use right PP 42/2008 water resources management RPP lake PP 43/2008 groundwater management PP 37/2010 dam/reservoir PP 38/2011 river Review PP 82/2001 water quality and pollution control not yet started 3. Ministerial Regulations 4. Regulations regional/local governments Water Legislation Indonesia

  10. Water legislation Vietnam • Start constituional reform process • Water Resources Act (Act 8/1998) First step toimplementation IWRM principles, but: - centralisticinstitutional approach and no participative a. - summary planning arrangement - focus on development water infrastructure - variousimplementingregulationswithmuch overlapping, doublingand even conflictingwith the Act. 2012 Water Resources Act (Act 17/2012)

  11. Challenges implementation IWRM Principles in National Legal Framework Asian Countries Harmonizing general decentralization legislation and specific water sector legislation Adressing multi-level water governance Integrated approach in the implementing regulations Entitling traditional water use rights Implementation license system Activities water users - activities water manager Enforcement with focus on administrative sanctions

  12. Thank You for Your Attention www.bartteeuwen.com

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