Toward CLIMATE-RESILIENT WATER GOVERNANCE: A LEGAL AND POLICY ANALYSIS OF MALAYSIA’S WATER SECTOR

Abstract

Climate change presents mounting challenges to water security and sustainability, especially in developing countries with fragmented governance systems. This paper examines the extent to which Malaysia’s legal and policy frameworks integrate climate change adaptation into water governance, focusing on the Water Services Industry Act 2006 (WSIA), the Environmental Quality Act 1974 (EQA), state-level water enactments, and recent policy instruments such as the National Water Resources Policy, Water Sector Transformation 2040 (AIR2040) roadmap, and the forthcoming Climate Change Act. Using a doctrinal analysis complemented by policy review, the study identifies significant gaps in legal mandates for adaptation despite policy-level recognition of climate vulnerability. It proposes reforms to embed adaptation into statutory instruments, strengthen federal–state coordination, and integrate risk assessments and ecosystem-based approaches into legal and planning systems. These recommendations are aligned with Sustainable Development Goals 6 and 13. The Malaysian case illustrates broader lessons for embedding climate resilience in water law across federal or devolved systems in the Global South. This paper contributes to sustainability governance literature by highlighting how legal reform can bridge the gap between policy aspiration and operational resilience in water management under climate stress.