Professional Documents
Culture Documents
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
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
Salam Sejahtera,
Dear Members of The Ingenieur,
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EDITORIAL BOARD
2015-2016
PRESIDENT
EDITORIAL BOARD
BOARD MEMBERS
ADVISOR
CHAIRMAN
EDITOR
EDITORIAL MEMBERS
PUBLICATION OFFICER
SECRETARY
REGISTRAR
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
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INGENIEUR
7
CONTENTS
4 Presidents Message
Announcement
5 Publication Calendar
6 Professional Practising
Certificate Update
Cover Feature
51
26
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20 Towards a Community
Based Approach in
Integrated Water Resources
Management
International Business
74
Report
61
64 Indemnities
Engineering Features
20
Engineering Nostalgia
44
80
PRESIDENTS MESSAGE
INGENIEUR
WATER POWER
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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
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
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
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
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
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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
Impact of construction
activities on safety of
existing dam
Risk of Interruption to
raw water supply from
existing dam.
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
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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Figure 8: Aerial
View of Existing
Quarries and
Project Site
Boundary
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Figure 16: Layout Plan of Labyrinth Spillway At Right Abutment of Heightened Dam
13
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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.
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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
15
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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''
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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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
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)
17
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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)
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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
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.
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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
2. The International
Conference on Water
and the Environment in
Dublin, Ireland, 1992
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
4. Millennium
Development Goals, 2002
5. World Summit on
Sustainable Development
(WSSD) , Johannesburg,
South Africa, 2002
6. Global Sustainable
Development, 2015
23
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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.
3.
4.
1.
Detail
Critical importance for resource availability and quality such as:
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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
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
Adaptive water
governance
Capacity built-up
Economic valuation
Adaptive
management
Social capital
building
Community natural
resources based
management
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29
INTERNATIONAL BUSINESS
INGENIEUR
ASEAN Economic
Community Blueprint 2025
By Lim Tau Wee
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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,
and
ASEAN FDI
A World Class Investment Destination
ASEAN attracted
US$136 billion
ASEAN Population
A Region Fully Integrated Community
In 2014, ASEAN was
the
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
ASEAN Trade
A More Integrated Market
Total trade increased by nearly
US$1 trillion
one vision
one identity
one community
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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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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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ASEAN
ECONOMIC COMMUNITY
BLUEPRINT 2025
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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Transparent and improved communications;
Collaboration and engagement across
the APEC platform and with various
stakeholders;
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41
REPORT
INGENIEUR
Malaysia as Council
Member of International
Maritime Organisation
By Ir. Tan Bee Hong
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2. SAFETY
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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47
INGENIEUR
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:
Maritime Security;
Technical co-operation;
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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Malaysias position as
council member of the
IMO will certainly help in
ensuring the interests of
international shipping lines
are taken care of.
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REPORT
MALAYSIAN WETLAND
NEXUS WITH RAMSAR
CONVENTION
By Amanda Lee Siek Hsia
Picture from malaysia.wetlands.org
51
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
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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
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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REPORT
Hashimoto
Action Plan III
Hashimoto Action Plan III
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:
55
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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:
INGENIEUR
solutions to overcome country-level
obstacles in local financing and
disseminate the findings to decisionmakers and practitioners worldwide.
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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
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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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63
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INDEMNITIES
by Ir. Harbans Singh K.S.
P.E., C. Eng., Advocate and Solicitor (Non-Practicing)
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
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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7
8
9
10
11
12
13
14
15
16
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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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;
17
18
19
20
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21
22
23
24
25
26
27
28
29
30
31
32
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INGENIEUR
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
33
34
35
36
37
38
39
40
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41
42
43
44
45
46
47
48
[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.
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(Rev 1/2010), etc or are purchased by
the contractor on its own volition;
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land;
buildings, structures, etc.;
the works;58 and
personal chattels.
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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is actually very wide encompassing acts,
defaults, breaches, omissions and even
some breaches of statutory duty.68
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70
71
72
73
74
75
76
77
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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.
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81
ENGINEERING FEATURES
INGENIEUR
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
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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River front
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Side view of Japanese Bridge from the canal /Song Thu Bon river
junction
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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ENGINEERING NOSTALGIA
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The Gemas-Rompin
Road in 2015
INGENIEUR
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