CASE STUDY 47 A Gazetted Integrated Coastal Use Zoning Plan for the State of Selangor, Malaysia Case Study 47 A Gazetted Integrated Coastal Use Zoning Plan for the State of Selangor, Malaysia

Norfaezah Shamsuddin* Selangor Water Management Authority Tingkat 13, Bangunan Darul Ehsan No. 3, Jalan Indah, Seksyen 14 40000 Shah Alam, Selangor, Malaysia

Key Message principles and practices. The ICUZP identified and designated uses or activities • Integrated coastal management (ICM) based on the available coastal resources program implementation in the State and the functional characteristics of the of Selangor, Malaysia were reinforced ecosystems in a given area or zone. In line by the gazetted integrated coastal use with the Selangor Water Management zoning plans (ICUZP) of all its coastal Authority (LUAS) Enactment of 1999, areas including Klang and Sepang ICUZP and Hazard Map for Coastal Areas municipalities, as well as Kuala Langat, were gazetted. The gazettement of ICUZP Kuala Selangor, and Sabak Bernam enabled LUAS to secure commitments from districts. Each plan was aimed at the state government and local governments preventing or reducing multiple-use to implement and sustain the ICM programs. conflicts of concerned sea and land areas.

• The ICUZP was the reference for Background the approval of coastal and marine development in each of the concerned The coastal zone of Selangor, being rich in municipalities and districts with due natural resources and productive ecosystems consideration of and in coordination with such as mangroves, and attractive coastal the respective local development plans. landscape, poses unique management challenges. It was heavily utilized for economic development, human settlement, Abstract and recreation. Being close to the Strait of Malacca, the coastal zone also became Each coastal municipality and district a popular site for port and industrial This section is part of the book: Chua, T.-E., L.M. Chou, G. Jacinto, in the State of Selangor developed and development. S.A. Ross, and D. Bonga. (Editors). implemented an ICUZP with the objective 2018. Local Contributions to Global The coastal zone in Selangor is defined as the Sustainable Agenda: Case Studies in of increasing the effectiveness and benefits Integrated Coastal Management in the of integrated planning and management area where coastal waters and the adjacent East Asian Seas Region. Partnerships of coastal and marine areas using ICM shore meet. The seaward area of the coastal in Environmental Management for the Seas of East Asia (PEMSEA) and Coastal Management Center (CMC), Quezon City, Philippines. * Email: [email protected] 515 CASE STUDY 47

zone extends from the low-water line to a distance coordinating agency (LUAS, 2005; PEMSEA and of 3 nautical miles or to the extent of Selangor State Port Klang ICM National Demonstration Project, jurisdiction as determined by maritime boundary 2005). The Port Klang ICM project gathered treaties. In addition, the landward area of the coastal information for the preparation and development zone includes the intertidal zone along with an area of the Port Klang Coastal Strategy (LUAS, 2005), that extends from the high water line to a distance which led to the development and implementation of 5 km and including the full extent of any gazetted of ICUZP, in support of the management practices nature reserves or other ecologically sensitive areas of the government. defined by the Selangor government that extend further inland than the 5 km boundary (Figure 1). This case study presents the process, outcomes, and lessons learned from the development, legalization, In line with the Selangor State Structural Plan, all and implementation of ICUZP in the various ecologically sensitive areas and the corresponding districts of Selangor. coastal ecosystems should be protected or used in a sustainable manner. In 1997, Port Klang, one of the coastal municipalities in the State of Selangor, was selected as a demonstration site to develop and implement an ICM program with the technical support and guidance from the Partnerships in Environmental Management for the Seas of East Daerah Daerah Asia (PEMSEA) with LUAS serving as the lead Sabakbernam Hulu Selangor

Daerah Kuala Selangor Figure 1. The extent of coastal zone for Northern Selangor with the coastal zone boundary Daerah depicted by the red boundary line. The Gombak study area is 104,900 ha including a sea area, which is 3 nautical miles from the low tide water line and a land area, which 3NM 5KM is 5 km from the high tide water line.

Selangor

516 CASE STUDY 47 A Gazetted Integrated Coastal Use Zoning Plan for the State of Selangor, Malaysia

experts following a series of consultations Approach and Methodology with legal personalities, academic institutions, interested parties, and government agencies Development of ICUZP with administrative and management responsibilities. The process was also consistent The formulation of ICUZP was a step-wise with current administrative and management process that involved national and local structures and practices of the country. Figure 2 government agencies (i.e., economic, planning, outlines the key steps that were followed in the and environment), key stakeholders, and formulation of the coastal use zoning plans.

Figure 2. Key steps leading to the formulation of coastal use zoning plans in Selangor.

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Building consensus 46. Under this section, LUAS is mandated to develop and implement an integrated management Consensus building between resource users and plan for the conservation and sustainable coastal managers whose priorities were often development of any water resources (LUAS, incompatible with one another was a critical aspect 1999). As such, the proposed development of an of ICUZP development. Government agencies, ICM program for Port Klang was in line with the nongovernment organizations (NGO), private mandate of LUAS, which took up the initiative to sector, and local communities were key players prepare ICUZP in collaboration with respective in securing consensus on the use and priority district planning offices. In order to implement activities within the proposed coastal use zoning ICUZP, LUAS secured the approval of its Board of arrangements. Directors (BOD), during a BOD meeting, chaired by the Chief Minister of Selangor State. The consensus-building approach included workshops, interviews, and one-on-one meetings. Gazetting ICUZP These interactive gatherings provided the necessary platform whereby proposed coastal use zoning In line with the town planning practices in arrangements were discussed and agreed upon by Malaysia, coastal use plans must be gazetted to the key stakeholder groups. In particular, existing ensure legal authority and enforceability. The and potential multiple use conflicts were identified gazetting processes that were followed by LUAS are such as freshwater versus marine water uses, illustrated in Figure 3. economic development activities versus resource conservation, etc., to rationalize compatible ICUZP implementation activities within a designated zone. Following the gazettement, LUAS was the Securing approval designated lead agency for coordinating the implementation of the ICM plan with the In accordance with the LUAS Enactment of 1999, involvement of all stakeholders, in accordance with the state is required to develop and implement the LUAS Enactment of 1999. To ensure successful integrated management plans, as stated in Section ICUZP implementation, all the concerned local

Figure 3. Flow chart of the gazetting processes.

518 CASE STUDY 47 A Gazetted Integrated Coastal Use Zoning Plan for the State of Selangor, Malaysia

governments and land offices were expected to on the coastal zone subsystems and utilization for submit their proposed plans of coastal development each municipality and district. The subsystems to LUAS for initial review before any approval were developed upon reviewing the natural physical was given by the district/municipal council. As environmental profiles of the coastal municipalities a general practice, LUAS was responsible for and districts vis-á-vis current and predicted reviewing the proposed development plan based economic uses (Table 1).

Table 1. Coastal use zones and subzones and uses compatibility (LUAS, 2005).

Note: The column on “Uses Compatibility” employs a numerical coding based on the coastal use zones vis-à-vis permitted activities. For example, in mangrove area, the permitted activities are ecotourism and research with a coding number of 7.1.

Legislations: AA – Antiquities Act, 1976; FA – Fisheries Act, 1985; FE – Forestry Enactment, 1934; LGA – Local Government Act, 1976; LUAS – Selangor Waters Management Authority; NFA – National Forestry Act, 1984; NLC – National Land Code, 1965; NPA – National Parks Act, 1980; PWLA – Protection of Wildlife Act

Institutional agencies: DA – Department of Agriculture; DOE – Department of Environment; DOF – Department of Fisheries; DID – Department of Irrigation and Drainage; DTG – Department of Lands and Mines; DWNP – Department of Wildlife and National Parks; FD – Forestry Department; TDB – Tioman Dive Buddy.)

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Results Selangor State, including: enhancement in the manageability of coastal waters of Selangor; Coastal use zoning provides a plan and a regulatory reduction in the adverse impacts of land-based system to designate the appropriate zones for activities on the surrounding marine waters; specific uses based on the functional capability substantial reductions in multiple use conflicts and suitability of the land and water ecosystems. among resource users; and harmonization of Developments in each defined zone or subzone existing and new economic activities. Collectively, are based largely on the common vision of the the implementation of ICUZP has reduced stakeholders, existing policies, and ecological, negative impacts on the environment. cultural, and/or traditional considerations (PEMSEA, 2007). The implementation of ICUZP The value of ICUZP was fully appreciated was started in 2001 in Port Klang, consisting of two during a major case involving an application districts, namely, Klang and Kuala Langat. It was for coastal reclamation to construct hotels and replicated and extended to another three districts: resorts in Kuala Selangor. When the application Kuala Selangor, Sabak Bernam (Northern Selangor was considered with reference to Northern ICM), and Sepang over a span of 15 years, i.e., Selangor ICUZP, it was found that the proposed Port Klang ICUZP (2010), the Northern Selangor area for development was within the protected (2013), the Sepang ICUZP (2015) (Figures 4 and zone for the settlement of the cockle spats, 5). An example of a detailed ICUZP for Northern clearly marked as “cockle spat area” in ICUZP. Selangor is illustrated in Figure 5. Therefore, any reclamation activities should be prohibited or restricted. Accordingly, the state Multiple benefits of implementing ICUZP government rejected the proposed project and was have been realized over the past 15 years in commended at the State Assembly.

Figure 4. Three coastal use zoning plans for Selangor State (L-R): Port Klang Coastal Strategy Implementation Plan, Coastal Use Zoning Plan for Kuala Selangor District, Coastal Use Zoning Plan for Sepang District.

520 CASE STUDY 47 A Gazetted Integrated Coastal Use Zoning Plan for the State of Selangor, Malaysia

Figure 5. ICUZP for Northern Selangor. This figure depicts the coastal zonation arrangements through the use of color coding and numerical classification. Symbols as explained in the legend epresentr current usage and some known physical attributes of the ICM site.

Lessons Learned implementation of the plan in any coastal The following lessons have been learned from development. ICUZP implementation in Selangor over the past 15 years: 2. Coastal use zoning plans can be integrated with and complementary to land-use plans. 1. Coastal use zoning plans are more effective The ICUZP was used as a tool for managing if they are enforceable by law. The ICUZP and allocating spatial uses of Selangor’s in Selangor was in line with and supported coastal and sea areas and resources which by LUAS Enactment of 1999, thus providing complemented the existing local plans that only a legal basis for LUAS to enforce the focused on development in the mainland.

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3. Gazetting coastal use zoning plans enables References upscaling and sustainability of ICM process. The gazetting process in Selangor ensured LUAS (Selangor Water Management Authority). the long-term implementation of the ICM 1999. Selangor Water Management Authority program which mandates all coastal districts Enactment of 1999. State Government of to undertake sea use planning in the entire Selangor, Malaysia. coastline of Selangor. LUAS (Selangor Water Management Authority). 4. Institutionalization of the zoning process 2005. Port Klang Coastal Strategy and practice is essential. A state-led agency, Implementation Plan. State Government of as exemplified by LUAS, plays a critical role Selangor, Malaysia. in coordinating, facilitating, and streamlining ICUZP practice into a state economic PEMSEA (Partnerships in Environmental development program over the longer term. Management for the Seas of East Asia). 2007. Partnerships in Environmental Management In addition, the integration and coordination for the Seas of East Asia (1994-2010): a between local plans and state-wide ICUZP Regional Mechanism Facilitating Sustainable were needed in order to avoid overlapping Environmental Benefits in River Basins, and conflicting issues. Initial review of all Coasts, Islands, and Seas. PEMSEA, Quezon local plans by LUAS was necessary to ensure City, Philippines. that the proposed development meets the zoning designation and use compatibility. PEMSEA (Partnerships in Environmental Management for the Seas of East Asia) and 5. Political will is critical. Strong political will Port Klang ICM National Demonstration and support from the state government were Project. 2005. Port Klang Initial Risk important drivers for addressing multiple- Assessment. PEMSEA Technical Report use conflicts through the implementation No. 13. Global Environment Facility/ of ICZUP for the entire state coastline of United Nations Development Programme/ Selangor. Without the support of the Chief International Maritime Organization Regional Minister and State Assembly, the ICUZP Programme on Building PEMSEA, Quezon would not have been possible. City, Philippines, and Selangor Water Management Authority, Shah Alam, Selangor, Malaysia. 96 p.

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