The Malacca Straits

PII:

Marine Pollution Bulletin Vol. 41, Nos. 1±6, pp. 160±178, 2000 Ó 2000 Elsevier Science Ltd. All rights reserved Printed in Great Britain S0025-326X(00)00108-9 0025-326X/00 $ - see front matter

The Malacca Straits CHUA THIA-ENG*, INGRID R. L. GORRE, S. ADRIAN ROSS, STELLA REGINA BERNAD, BRESILDA GERVACIO and M. CORAZON EBARVIA GEF/UNDP/IMO Regional Programme on Partnerships in Environmental Management for the Seas of East Asia (PEMSEA), P.O. Box 2502, Quezon City, 1165 Metro Manila, Philippines The Malacca Straits have long been an important trade route linking the Indian Ocean to the South China Sea and Paci®c Ocean. From the seventh to the eleventh century, the Srivijaya empire controlled them, followed in the ®fteenth century by the port kingdom of Malacca. Western maritime powers also recognized the strategic importance of the Straits, and in 1511, the Portuguese captured Malacca. In 1641, the Dutch occupied what is now known as Jakarta, and from the seventeenth to the eighteenth century, the Dutch East India company controlled the trade in the Straits (Ross et al., 1995). The British also recognized the need to control the Straits to ensure the safe passage of British merchant ships on their way to China, and in 1819 established a colony in Singapore. In 1824, the British and the Dutch ended their rivalry with a treaty whereby Britain agreed to `safeguard the Straits and keep them open for other friendly nations' (Chia, 1998). In recent years, the Straits have become a very important trade route. In 1993 and 1995, over 100 000 oil and cargo vessels traversed it each year, carrying 3.23 million barrels of crude oil through the Straits each day (Sakura Institute of Research, 1998). Shipping accidents have occurred more frequently, recently, which is attributed to heavy trac in the Straits with shallow, narrow channels and shoals. Despite these hazards, economic eciency dictates that vessels continue to use the Straits. The Straits are also rich in renewable and non-renewable resources, including productive coastal ecosystems, extensive capture ®sheries, aquaculture, coastal tourism, mining and valuable natural gas reserves. This chapter looks at the natural environmental conditions and the status of the coastal resources, the sustainability of existing activities, critical environmental problems and management. It is based on the Malacca Straits Environmental Pro®le (Chua et al., 1997) and other studies undertaken by the GEF/UNDP/IMO Regional Programme for Marine Pollution Prevention and Management in the East Asian Seas, referred to as the Regional Programme in this document. Ó 2000 Elsevier Science Ltd. All rights reserved.

*Corresponding author. Tel.: +63-632 826 8712; fax: +63-832 926 9712. E-mail address: [email protected] (C. Thia-Eng).

160

Natural Environmental Conditions Geography The Strait of Malacca is located between the east coast of Sumatra Island in Indonesia and the west coast of Peninsular Malaysia, and is linked with the Strait of Singapore at its south-east end. The Strait of Malacca is bordered on the north-west by a line from Ujung Baka (5°400 N, 95°260 E), the north-west extremity of Sumatra, to Laem Phra Chao (7°450 N, 98°180 E), the south extremity of Ko Phukit Island, Thailand, and on the south-east by a line from Tahan (Mount) Datok (1°200 E, 104°200 N) and Tanjung Pergam (1°100 E, 104°200 N) (Hamzah, 1997; Shaw, 1973). Three smaller straits are found within this waterway: the Bengkali Strait, located between the islands of Bengkali and Sumatra; the Rupat Strait, between Rupat and Sumatra; and the Johore Strait, situated between the southern tip of Peninsular Malaysia and the north coast of Singapore. Together, these ®ve straits form part of an important international shipping route linking the Indian Ocean (via the Andaman Sea) to the South China Sea and the Paci®c Ocean, and are collectively referred to as the Malacca Straits or the Straits of Malacca (Fig. 1). The Malacca Straits are bordered by four littoral States, namely Thailand, Indonesia, Malaysia and Singapore. However, the navigational channel passes through the territorial seas of Indonesia, Malaysia and Singapore. For the purpose of this chapter, the littoral States shall be limited to the latter three only. Their length is around 600 nautical miles (nm), with the widest section (220 nm) near the north-west entrance, narrowing gradually to around 8 nm at the south-east entrance near the Riau Archipelago. The depth of the water is irregular, from 17 to 55 m. Topography The West Coast of Peninsular Malaysia is dominated by coastal plains and basins formed by alluvial deposits. Sandy beaches are found in a few areas. The eastern islands of Sumatra, mainly the Riau Archipelago, are generally made of granitic and old sedimentary materials that are rich sources of tin and bauxite. The broad alluvial coastal plain of central Sumatra consists largely of thick deposits of sediments where IndonesiaÕs main deposits of oil and gas are located. O€shore, there is a

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Fig. 1 Map of the Straits of Malacca.

mix of 241 islands, coral reefs, estuaries, deltas and lagoons. Some 14 rivers in Sumatra drain into the Straits of Malacca, with an estimated annual discharge of 0:94  1011 m3 (Indra Jaya et al., 1998); another 12 major rivers enter from Malaysia, including the Perak River, which is the second largest (Chua et al., 1997). Singapore has around 40 smaller drainage basins. Populations a€ecting the area In 1994, the population of the coastal states in the east coast of Sumatra was 10.9 million, a density of 135 per km2 ; that of the states in the west coast of Peninsular Malaysia was 13.2 million (MPP-EAS, 1999a). Within the peninsula, the population tends to concentrate in the major urban centres of Penang, Ipoh and Johore Bahru. This distribution can be attributed to the presence of rich natural resources which encouraged greater infra-

structure development there. Singapore has an estimated population of 2.85 million, a population density of 4608 per km2 (DESIPA, UN, 1995). The coastal economy of these areas was mainly agricultural. In recent years, however, there has been a shift in employment patterns towards non-agricultural production and services. In 1990, for example, the agricultural labour force was 49.9% of the total, while the industrial and service sector was 50.1% of the labour force. In Singapore, only 0.2% are now employed in the agricultural and ®sheries sectors. Climatology and oceanography The Malacca Straits have a tropical climate. They are strongly in¯uenced by the north-east Monsoon which brings rain from December to February, and by the dry Southwest Monsoon from June to August. In the two 161

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inter-monsoon periods the weather becomes unpredictable. The direction of the wind varies with the monsoon seasons. Strong squalls, locally known as `Sumatras' can occur in any month. There is abundant rainfall, and torrential rains of short duration occur any time of the year. Visibility in the Straits is clear (10 km or more about 95% frequency and less than 1 km below 0.5% frequency) except during heavy rain and when haze occurs. More recently, however, visibility in the area has been a€ected by a regular occurrence of the haze (Hamzah, 1997). Tides in the Straits are mainly semi-diurnal with a tidal range of 1.6±3.7 m depending on location. In certain localities along the East Coast of Sumatra, tidal range may reach 4±5 m due to sea-bottom conditions. Currents follow the topographic con®guration of the sea bottom. The ¯ow of surface current is stronger during the north-east Monsoon when the dominant direction of the surface current is from the South China Sea to the Andaman Sea. Surface current also enters from the Andaman Sea but turns north-west o€ Pulau Penang and the Perak coast. There is an undercurrent ¯owing from the Andaman Sea towards the Straits during monsoon periods which causes a light upwelling near the One Fathom Bank (Uktolseya, 1988). Tidal currents in the open waters are generally weak, though stronger tidal currents occur in narrow parts and passages around Pulau Iyu Kecil. Wave strength is strongest during the north-east Monsoon. Surface water temperature is warmer during the Southwest Monsoon, ranging from 28°C to 30°C, but drops 1±2°C during the north-east Monsoon. Salinity is in¯uenced by high rainfall and by the numerous rivers. Freshwater from the rivers is largely responsible for lowering the surface salinity, while the monsoons a€ect the annual salinity variation. Coastal salinity may range 6.8±31.66 ppt o€ Malaysia, much more than o€ Singapore where it is 29±32 ppt (Din et al., 1996). In open water, surface salinity ranges from 30.80 to 31.83 ppt, which is similar to bottom values. Turbidity around river mouths and the coasts may be high, though o€shore transparency ranges from 10 to 30 m. Primary productivity is constant the whole year, but varies geographically. There appear to be higher phytoplankton counts in the south where water is shallower, and where there is both vertical mixing and high nutrient input from rivers from Sumatra. Surface chlorophyll ranges from 0.51 to 0.95 mg/m3 without any distinct seasonal variation, but this varies depending on location. The northern, deeper and more open areas have lower chlorophyll than do the shallower and narrower southern areas. Zooplankton, on the other hand, varies with the monsoon seasons, with plankton counts of 0:38  103=m3 to 0:50  103=m3 in the north-east Monsoon, 0:67  103=m3 to 0:84  103=m3 in the Southwest Monsoon (Chua et al., 1997). 162

Coastal and marine ecosystems South-east Asia is a centre of marine biodiversity and the Malacca Straits are located centrally within it. The Straits are one of the largest estuarine environments in the region, characterized by soft-bottom habitats, fringing coral reefs, seagrass beds and mangroves lining the coastlines (Fig. 2). In East Sumatra, some protected species of reptiles, sea birds, and mammals are found in coastal areas and in Riau Island. Numerous endangered species occur in this area and, in 1991, a number of protected species of reptiles, sea birds, and mammals were listed, along with the designation or proposal of around 17 marine conservation areas on the East Coast of Sumatra (Indra Jaya et al., 1998). There are also important nesting sites in this area for species such as Chelonia mydas (green turtle) and Eretmochelys imbricata (Hawksbill sea turtle), for sea birds such as the brown booby, brown noddy, black-naped, bridled and roseate terns and milky terns, and some waterfowl (Chua et al., 1997; MPPEAS, 1999a). Coastal forests. The coastal forests along the Malacca Straits consist of an estimated 447,680 ha of mangroves, of which 385,000 ha occur in Riau province of Sumatra. In East Sumatra, as a whole, there are at least 28 recorded genera of mangrove species, and their dominant fauna generally are crustaceans and other invertebrates, though a limited number of mammals are also found, such as the long-tailed macaque (Macaca memestrina). In Malaysia, there are an estimated 74,022 ha of mangroves, but in the last few decades there has been a substantial loss because of coastal reclamation projects (Chong et al., 1998). Distinct zonation of mangrove species in Sumatra is common depending on tidal regimes. At mean and low tide are Avicennia and Sonneratia which grow on waterlogged substrate. Further up the shore the Rhizophora±Bruguiera forest occurs, and towards the upper shore a greater variety occurs, with Ceriops tagal and other less common species. Along the estuarine banks grow formations of Sonneratia alba and Avicennia alba, while along creek banks within the mangroves, Rhizophora mucronata is the dominant tree (Chong et al., 1998). Peat swamps are estimated to cover 3.3 million ha in the East of Sumatra. They may have been substantially reduced by the rapid conversion to other land uses. Species of Callophylum, Ganoa, Durio, Goystylus, and Trustania are common. Certain species with horticultural or pharmacological potential are also found, e.g. Alstonia, for its latex and Melaleuca, for its essence (Indra Jaya et al., 1998). Mud¯ats and beaches. The Malacca Straits have extensive mud¯ats which contain rich organic substances and ®ne silt particles that support rich benthic communities. In East Sumatra, heavy sediment loads from

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Fig. 2 Coastal ecosystems and natural resources in the Straits of Malacca (Source: MPP-EAS, 1999a).

the rivers result in deep and broad mud¯ats which eventually grade into coastal land. Mangroves and prevailing intertidal current systems also in¯uence their formation. The entire alluvial plain of the East Coast of Sumatra and many adjacent islands were developed through this process (Chua et al., 1997). Beaches in the Malacca Straits amount to a total of 272 289 ha, most being found in Sumatra. In general, these grade into broad mud¯ats, except where they have been developed into ports, industrial estates, housing and tourist resorts. Almost the entire East Coast of Sumatra can be considered to be estuarine. In addition to the above habitats there are also important nursery grounds for commercial ®shes and shrimps. These areas have become highly vulnerable to environmental threats, such as siltation, pollution, oil spills and other negative impacts of human activities.

The Malacca Straits, together with the Java Sea, the southern South China Sea and the Gulf of Thailand, are part of the extensive and shallow Sunda Shelf, joining western Southeast Asia to the continental shelf of mainland Asia. O€shore therefore, shallow, soft-bottom habitats are extensive, and support a high biodiversity of commercial species, which include ®shes, seaweeds, horseshoe crabs, shrimps, bivalves, gastropods, sea cucumbers and sea urchins. Seagrass beds. Seagrass beds are found mostly on the Malaysian side, particularly in Cape Rochado, Port Dickson and around Langkawi Island. The largest known Malaysian seagrass bed can be found on Meranmbong Shoal with a length of 1.2 km and a width of 80±100 m (Japar, 1994). Dense beds occur also in the Riau Archipelago, Indonesia, and in some isolated patches o€ the southern islands of Singapore where 163

Marine Pollution Bulletin

there is considerable loss caused by land reclamation (Chua et al., 1998). Fourteen species of seagrass were recorded in Indonesia, nine in Malaysia and 11 in Singapore. Of the latter, only seven remain. The common genera include Enhalus, Halophila, Thalassia and Cymodocea, whose beds serve as the habitats of some endangered species such as sea cows (Dugong dugon) and green turtles (Chelonia mydas). Coral reefs. The total coral reef area in the Straits is around 56 000 ha (Low et al., 1998). In East Sumatra, they occur mostly in Riau province and the northeastern tip of Sumatra. A large area of coral reefs was reported o€ the Asahan district but had apparently already been degraded following the conversion of mangroves to shrimp ponds (Indra Jaya et al., 1998). Only about 1300 ha of coral reefs are found on the eastern side of the Straits, mainly around o€shore islands or rocky outcrops, notably around the Langkawi islands. O€ Singapore, coral reefs have been found along the southern islands, in particular. On the Indonesian side, the best reef development is on the south-eastern entrance to the Straits and at the remote island groups of Natuna, Anabas, and Tambelan. The best coral reefs in terms of cover are found in the Riau Islands; coral cover in Batam ranges between 48% and 66%, while that in Senayang-Lingga is 64± 90% (MPP-EAS, 1999a). However, these reefs are deteriorating; on the Malaysian side, cover ranges from 25% to 46% (MPP-EAS, 1999a), and reefs in Singapore are severely stressed because of sedimentation and deteriorating water quality resulting from port activities and land reclamation (Goh and Chou, 1991; Chou et al., 1994). This sparse distribution is due to relatively turbid conditions, ¯uctuating salinity and high sediment loads discharged from land sources. Other contributory factors of coral reef degradation in the Straits include deforestation, land reclamation, dredging, intensive ®shing, and industrial, ship-based and domestic sources of pollution (Chua et al., 1998).

Resource Exploitation, Utilization and Con¯icts During the last ®ve decades, the three littoral States have experienced rapid economic development and burgeoning population. These have a€ected the pattern of resource exploitation and utilization, resulting in resource-use con¯icts. Capture ®sheries and coastal mariculture Capture ®sheries are extensive, giving employment to 245 161 ®sherfolk. Around 45% of Malaysian ®shers are dependent on the Straits. In 1991, their ®sh catch was 410 900 t, or 57% of the total Straits ®sh catch (Hamzah, 1997). The area is estimated to hold a potential annual stock of 253 000 t of pelagic ®sh, 220 000 t of demersal ®sh, and 88,400 tonnes of shrimp (Moosa, 164

1988). In 1993, total ®sh landing in the StraitsÕ coasts of Malaysia and Sumatra amounted to 884 159 t. The Straits have a rich, multi-species ®sh stock, consisting mainly of demersal and pelagic ®n®sh, crustaceans and molluscs. The abundance of each species varies with the season, but pelagic species dominate the total catch (62% in Sumatra). The ®sheries are mostly small-scale. Traditional gear such as the bottom gill net, push net and tidal trap used to catch shrimp are used on the Indonesian side while synthetic-®bre ®shing nets and mechanized ®shing boats are used in Malaysia. In the early 1960s, trawl ®shing was introduced. Coastal aquaculture and mariculture are growing industries here. Brackish pond culture of shrimps and ®sh dominate aquaculture activities. The total volume of brackish water aquaculture production in Sumatra reached 38 725 t in 1993. Other coastal aquaculture practices include ¯oating net-cage culture of groupers, seabass (Lates calcarifer), and snappers, and the culture of cockle (Anadara granosa). Exploitation of natural resources Construction of brackish ponds has been made at the expense of mangroves. This has created con¯icts in the competing use of the mangrove resources, and has affected their nursery function, thus severely a€ecting the sustainable recruitment of ®sh stocks. Aside from their ecological functions, mangroves support several economic activities in the area. Many mangrove species are used for ®rewood, charcoal, tanning, dyes, timber and boat construction. Nypa leaves can be used for roofs, baskets and cigarette `paper'. The stalks of the ¯ower are cut o€ and the sap is tapped for making brown sugar or the fermented palm wine or `arak'. In the past, con¯icts have risen in North Sumatra between large concessionaires of mangroves and charcoal producers who no longer had sucient areas to practise a sustainable pattern of harvesting. Mangrove drainage channels form a unique ecosystem supporting a variety of aquatic species, caught with a variety of traditional ®shing gears. Landings of mangrove-dependent species from the Malaysian coast are around 87 806 t per year, which is 25% of the total ®sh landings. Extensive mud¯ats in the vicinity of mangroves along the Malaysian coast, particularly o€ Selangor and Perak, are utilized for semi-intensive culture of cockles. In the East Coast of Sumatra, large areas of mangroves have also been cleared and converted into coastal ponds for shrimp or ®sh culture. As of 1993, shrimp farms accounted for approximately 7% of current land use on what was formerly primary forest cover in North Sumatra province (McPadden, 1993). This exploitation of mangroves clashes with its ecological functions of coastline protection, support for the yield of ®sheries and biodiversity conservation. Coral reefs also provide physical protection to coastal and island ecosystems. However, coastal communities have mined corals, coral gravel and coral sands for

Volume 41/Numbers 1±6/January±June 2000

construction materials and for lime, and many species are also bleached and dried for sale to tourists. Coral reefs are also tourist attractions, and many parts of Indonesia and Malaysia have developed marine tourism resorts based on coral reefs. Oil and mineral resources Almost all oil ®elds in the Malacca Straits are located on the East Coast of Sumatra. Around 8 million barrels of potentially recoverable oil have been identi®ed in Sumatra (Fig. 3), and o€shore oil production from the Malacca Straits amounts to 55 000 barrels per day. Indonesia is a major lique®ed natural gas (LNG) producer. In 1993, Indonesia had a 38.4% share of the LNG traded internationally and exported more than 23.1 million tonnes. A major ®eld is the Arun ®eld in Aceh, near the north-west entrance to the Malacca Straits. This gas ®eld produces around 12 trillion cubic feet of LNG annually or 47% of IndonesiaÕs gas production. So far, no oil is produced along the Malaysia coast but the area has already been subdivided into `contract areas' for exploration. The oil and gas ®elds support a number of re®neries. The total re®ning capacity along the Malacca Straits in 1995, was estimated to be around 1.54 million barrels per day, of which over two thirds is re®ned in Singapore.

Minerals such as tin ore and bauxite are also found here (Burbridge, 1988) and are mined along the Indonesian coast. Other resources include urea, kaolin, and granite, and sand mining is also undertaken in places such as Johore and Riau and exported to Singapore for reclamation. Coastal tourism Coastal tourism is a thriving industry in the Malacca Straits, and white sandy beaches and coral reefs are some of the main attractions (Table 1). Large-scale integrated resorts are being developed in areas along the Straits, such as the joint-venture project between the Indonesian government, the Singaporean government and the private sector for the development of the 23 000 ha Bintan Beach International Resort. Coastal tourism has contributed to the development of several localities (Table 1). Of the revenues from beach use of $777 million about $221 million comes from diving and snorkelling (MPP-EAS, 1998). Expansion of coastal tourism is not without cost. Impacts of inadequately planned tourism development include erosion, displacement of local residents and pollution from boats, untreated sewage and solid waste. This continued decline in quality of the beaches will eventually a€ect the coastal tourism industry itself.

Fig. 3 Oil and gas ®elds and re®neries in the Straits of Malacca (Source: Burbridge, 1988).

165

Marine Pollution Bulletin TABLE 1 Inventory of important coastal tourist spots in the Malacca Straits, and numbers wof visits and revenue earned.a Country/State Peninsular Malaysia Kedah Penang Perak Selangor Negeri Sembilan Malacca Indonesia Riau province Sumatra Singapore

a

Coastal tourist spots Langkawi Island: Tanjung Rhu, Pantai Cenang, Pasir Hitam, and Kuah Pantai Merdeka Payar, Segantang, Kala, and Lembu Islands Penang Island: Batu Feringgi, Teluk Bahang, Gurney Drive and Padang Kota Seberang Perai: Pantai Bersih Pangkor Island: Pasir Bogak, Pulau Pangkor Laut Lumut: Pantai Teluk Bato Pantai Morib Port Dickson Tanjung Bidara, Pantai Kundur, Pantai Klebang, Pulau Besar Nongsa Beach in Batam Island Trikora Beach in Bintan Island Sentosa Island East Coast Resort Area Changi Resort Area Pasir Ris-Loyang Resort Area

Number of tourists

Revenues from beach use

2 928 800

$115 382 063

1 167 480

$248 072 782

3 965 000

$413 810 397

Source: DOE/Malaysia (1989); TDC/Malaysia (1995); Wong, 1991b, 1995 cited in Chua et al. (1997).

Ports, trade and navigation The Straits are a vital economic component and trade link for the littoral States. For example, 75% of MalaysiaÕs trade passes through them. The rapid industrial development of many East Asian countries has led to an increase in shipping trac (Fig. 4), and today vessels from around 20 ¯ag States pass through. Trac increases are both in oil tankers and in cargo vessels carrying manufactured goods from the East Asian countries to West Asia and beyond. It has been estimated that on average about 36.75% of the vessels passing through the Straits are general cargo vessels and container vessels (MPP-EAS, 1999f ). Carriers of crude oil and petroleum products form about 35% of the vessels passing through the Malacca Straits carrying, in 1995, about 7 million barrels of oil daily. Trac in vessels carrying LNG is also growing and is expected to increase in the future as an increasing number of countries favour the use of LNG as a source of energy. The growth of trade and industry along the Straits has led to the development of ports and urban centres to service it. Indonesia has about 300 registered ports scattered throughout the archipelago. Among those located in the Straits are Belawan in North Sumatra, Dumai in Riau and Llokseumawe in Aceh, located in

the vicinity of large oil ®elds. These also handle large volumes of exports, in addition to their main function as centres of crude and re®ned oil distribution. Another port, Kabil in Batam Island, Riau Archipelago, is also being expanded to serve as a major cargo port. In Malaysia, the Straits are the main transport channel for trade. Thus, the major ports in Malaysia, together with associated infrastructure are found here; the major ports include Port Klang, Port Dickson, Ipoh Cargo Terminal, Malacca Port and Penang Port. The Port of Singapore is the biggest in the Malacca Straits. Since 1986, it has been rated as the worldÕs busiest port in terms of shipping tonnage and, since 1989, has also been regarded as the worldÕs largest container port. It provides all major port services, including environmental control services such as the cleaning of oil and debris from the sea. Singapore has also grown into a major oil distribution centre and bunkering port with a very large storage capacity for crude oil and crude oil products. Singapore is also one of the major shipbuilding, rig-building and ship repair centres in the world with a total of 70 large and small shipyards. It is also the salvage and towage centre in the region.

Critical Environmental Problems The various activities in the Straits have exposed the coastal and marine resources to environmental risks such as pollution and degradation of critical ecosystems.

Fig. 4 Average daily shipping trac through the Straits of Malacca (Source: Lee, 1994; Naidu, 1997, cited in Chua et al., 1997).

166

Coastal erosion, sedimentation and coastline modi®cation There is increasing erosion of the coastline. As of 1985, 1972 km of the coastline of West Malaysia had been a€ected by erosion. Some of these areas, including the coastline from Kuala Perlis to Sungai Udang, the West Johore and Northern Kuala Selangor coast, were

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in a critical or signi®cant stage of degradation. Coastal erosion has also been reported in the Indonesian side, particularly in the Bengkalis, Anak, and Setahan islands. High rates of shoreline erosion are attributed to mangrove extraction and its conversion to agricultural purposes. Sedimentation is a growing problem in the Straits. In south-eastern Sumatra, there is an increasing rate of sedimentation because of the heavy in¯ux from the rivers, and dredging has become necessary to ensure the safe passage of larger vessels. Serious siltation problems have also been reported in some river mouths and harbours along the West Coast of Malaysia, especially around the ports and harbours at Klang, Kuala Perlis and Kuala Kedah. Sedimentation in the Straits rises from both natural processes and human activities such as deforestation, land reclamation, onshore mining and dredging. In Singapore, coastline modi®cation is primarily the result of land reclamation and port development. Since the 1970s, dredged material has enlarged several o€shore islands, as well as creating new islands such as Pulau Ular and Terumbu Retan Laut. Between 1965 and 1985, SingaporeÕs total land area increased by some 6.71% as a result of land reclamation. Pollution The Straits of Malacca have received waste discharged from both land-and sea-based sources. Many of the wastes contain hazardous substances harmful to human health, as well as to the marine ecosystem. Pollutant sources include discharges from agricultural activities, human settlements, industry and shipping. Land-based pollution. Wastes are either directly discharged into the Straits or into the coastal rivers emp-

tying into the Straits. The rapid population growth in the littoral States has resulted in the steady increase of sewage discharges into the rivers and the coastal waters resulting in high biochemical oxygen demand (BOD). In 1989 alone, the estimated BOD loading from domestic sewage discharges in the coastal areas of Indonesia, Malaysia and Singapore was 5014 t/day (Table 2). BOD loading is expected to increase to over 6000 t per day by the year 2000. High levels of BOD are usually found close to industries or sewage outfalls, such as in the Juru estuary, Chuah (Negeri Sembilan) and the Penang and Johore Straits. There is signi®cant industrial pollution in the Straits, generated from agro-based and manufacturing industries, such as factories for food, beverage, palm oil, rubber, tapioca and starch and for the manufacture of fertilizers, textiles, pulp and paper, tanneries and sugar (Table 3). Industrial sources of hazardous waste are mining, energy production, oil re®ning and pharmaceutical sectors, as well as hospital and healthcare facilities and research laboratories. In Sumatra, these industries are mostly located in coastal areas or along a major river system. Most of them discharge untreated e‚uents directly to receiving waters. As a result, many river systems in Sumatra, including the Aceh, Deli, Belawan and Asahan rivers, are moderately to heavily polluted, and others, such as Lhokseumawe, are already heavily polluted. Heavy metals, primarily from the manufacturing sector, include cadmium, copper, lead, mercury and nickel, all of which were reported in the coastal waters of West Malaysia, particularly the coastal waters of Perak and Penang (Choo et al., 1994). In addition, most rivers of West Malaysia contain concentrations of heavy metals which exceed standards. There are reports of heavy metal contamination in some locations in Sumatra, such as at Llokseumawe in

TABLE 2 Estimated BOD loading from sewage discharges in coastal areas of the littoral states bordering the Malacca Straits (t/day).a Year 1989

2000

a

Parameter National population (million) Total BOD load (tonne) Coastal population (million) Percentage of national population Daily BOD load in coastal area Generated (tonne) Primary treatment (%) Secondary treatment (%) Daily BOD removal (tonne) Residual daily BOD disposal (tonne) National population (million) Total BOD load (tonne) Coastal population (million) Percentage of National Population Daily BOD load in coastal area Generated (tonne) Daily BOD removal (tonne) Residual daily BOD disposal (tonne)

Indonesia

Malaysia

Singapore

184.6 9230 110.76 65

20.14 870 12.8 60

2.7 324 2.7 100

5538 60 0 997 4541

565 70 5 144 421

324 10 90 272 52

222 11100 133.2 60 6600 1199 5461

20.9 1045 13.58 65 679 173 506

2.9 348 2.9 100 348 313 35

Source: Low et al. (1998).

167

Marine Pollution Bulletin TABLE 3 Major industries of Indonesia and their potential impact.a Type of industry Aceh 1 Palm oil LNG, Fertilizer, LPG 2 Paper Kraft and Ole®n Oil and Gas (drilling and processing 3 Forestry (sawmill and plywood) 4 North Sumatra 1 Power generation Oil and gas 2 Aluminum Mining of sand quartz 3 Palm oil 4 Forestry (pulp mills) 5 6 Riau 1 Plastic, electronics, glass ashes and porcelain, chemicals textile, tannery, iron metal works food and organic material, 2 Shipping and shipyard 3 Construction Oil re®nery 4 Palm oil Pulp, rubber and sago a

Potential polluntant Organic Mercury, ammonia and sulphur Oil, organic, heavy metals Organic, chlorinated hydrcarbons

Thermal, oil Oil, sulphur Heavy metals Coastal erosion and sedimentation Organic Organic

Organic, heavy metals, chlorinated hydrocarbons, thermal Oil Organic Organic

Source: Noor et al. (1998).

North Aceh and Asahan and Deli Serdang (Dahuri and Pahlevi, 1994). Mercury, lead, cadmium and copper were found to exceed national water quality standards for bathing, swimming and mariculture, and metal content was also high in the sediments of Pakning River in the Riau Province where oil re®ning, o€shore oil exploitation and transportation activities occur. High concentrations of copper, cadmium, cobalt, nickel, lead and zinc were found in the waters o€ the southern coast of Singapore, especially in Keppel harbour and the main port (Grace et al., 1987). Also, high concentrations of lead, nickel and cobalt were reported in waters near petroleum re®neries, and metals were also detected in bottom sediments, especially in areas experiencing heavy shipping trac. Agricultural waste. The lowland areas of East Sumatra have been used extensively for agriculture, agroindustries and plantations for rubber, palm, coconut and pineapple. North Sumatra and Riau Provinces have the largest areas of palm plantations in Indonesia. The use of agricultural chemicals has increased substantially in recent years. About 3780 t of insecticides, 110 t of fungicides, 291 t of rodenticides and 22 t of herbicides are used annually. There is no research or information on the presence or impact of those chemicals on the coastal waters of the East Coast of Sumatra, but it is highly possible that some are leached to rivers and to coastal and estuarine environments. In Malaysia, swine farming, which mostly occurs along river banks, is a major source of agricultural 168

waste. In 1989, pig farms near the Linggi and Langat rivers generated waste with an estimated 218 t/day, or 46% of the total national pollution load. Fertilisers and pesticides are also sources of water pollution in the river systems of Malaysia. Residues of organochlorine pesticides, particularly DDE, liquid and powder DDT and heptachlor were commonly detected in nearly all the rivers of Peninsular Malaysia (Abdullah et al., 1998). Pesticide residues were also found in the marine biota in West Malaysia but these were in low levels except for lindane in some samples of mussels (Abdullah et al., 1998). Recent studies show that there is a decline in organochlorine residues detected in Malaysian waters because of the increasing use of less persistent organophosphorous and carbamate pesticides (Abdullah, 1995, cited in Abdullah et al., 1998). In Singapore, farmlands occupy only 3% of the total land area. Most of the agricultural processes occur in the northern portion of the main island and on Pulau Ubin. These are small-scale operations and the use of toxic and persistent chemicals is not allowed. The only chlorinated pesticide allowed is chlordane, of which an estimated 47 t were used in 1987. Farmers are educated in methods of pesticide and fertiliser application, and many farms have drainage systems that collect the runo€ into ponds, from which the water is pumped back to the ®eld for irrigation. Coliform contamination. The discharge of untreated or partially treated domestic sewage has resulted in an increase in bacterial contamination, speci®cally faecal

Volume 41/Numbers 1±6/January±June 2000

coliform bacteria. In many areas, coliform levels have exceeded interim national standards, and most water samples exceed the interim water quality standard for recreation (100 MPN/100 ml) in the West Coast of Peninsular Malaysia (DOE/Malaysia, 1990). In 1988, E. coli levels in Penang and Selangor reached 100 000 MPN/100 ml. Documented health-related impacts of high coliform level in seawater include skin disease and eye irritation. Furthermore, the consumption of raw or inadequately cooked seafood coming from coastal waters with a high coliform level is the main cause of cholera, typhoid and other gastrointestinal disorders. Sea-based sources of marine pollution. Sea-based sources of marine pollution occur in the normal course of operation of a vessel and of gas platforms or as a consequence of accidents. A large percentage of oil pollution incidents are operational discharges from normal tank operations. These occur during deballasting, oil tank and cargo cleaning, and operation of ®shing boats and small vessels. The residue of oil in a tank is estimated to be 0.1% of its total load. These residues are washed o€ with seawater and eventually discharged directly into the sea. Deballasting can cause other environmental risks aside from the discharge of oily waste. The ballast water contains harmful aquatic organisms which may cause the introduction of harmful microscopic toxic aquatic plants such as dino¯agellates that can cause algal bloom or pathogens such as the bacterium Vibro chlorea that causes cholera (Anon, 1998). An estimated two tonnes of oily waste is discharged daily into the Straits, mainly as a consequence of tanker ballasting (Tahir, 1996). Collectively, small ®shing vessels also contribute a large volume of oily discharge. The 10 000 small ®shing boats operating in the Malaysian side of the Straits discharge around two tonnes of oil daily. A proportionally greater volume of discharge is expected from the 50 000 ®shing vessels operating along the Indonesian side (Tahir, 1996). Relatively high concentrations of tri-butyl tin (TBT) from antifouling paints have been observed along the shipping lane. Recent surveys indicate an increasing frequency of imposex in areas with shipping trac (Hashimoto et al., 1998). Imposex was found in muricid snails and neogastropods in Singapore and Port Dickson in 1989, and in 1992, studies showed high levels (20.5±61.3 ng/l) in the seawater at Port Klang and in the sediments (27.6 ng/g wet weight) of Port Dickson (Tong et al., 1996, cited in Abdullah et al., 1998; Chua et al., 1997). The levels of TBT in the tissues of mussels and cockles were between 0.5 and 23.5 ng/g wet weight. TBT stays active even outside the target area and in¯uences non-target animals. The e€ects of TBT are found within shell®sh culture plots, threatening not only biodiversity but also food safety and human health. Recent studies also show an increasing sulphur deposition in areas bordering the Malacca Straits (Streets

et al., 1997), mainly from shipping emissions. Tar balls have also been reported along the beaches lining both sides of the Straits (Bilal, 1980). Beaches are considered to be adversely polluted when tar levels reach 10 grams per metre of shoreline (UNEP, 1990). In Malaysia, tar pollution has exceeded the UNEP standards in the Pantai Pasir Panjang, Perak, the Tanjung Rhu, Kedah, and in the Kepulan Riau islands, which lie 16 km south of Singapore. Accidental oil and chemical spills are major sources of marine pollution. Vessel accidents are caused by collision or grounding of ships; others are due to accidental operational discharges and accidents. There were around 476 vessel accidents in the Straits from 1978 to 1994. The most recent oil spill in the Singapore Strait took place in 1997 with the collision of Evoikos and Orapin Global when an estimated 29 000 t of oil were spilled. These oil spill incidents can have a serious impact on the fragile ecosystem of the Straits, especially the intertidal zone. Recovery of mangroves a€ected by major oil spills can take 50±80 years. Fisheries, mariculture, coastal tourism, and crops are also a€ected, and other impacts of oil spills on marine ®sheries include loss of revenues for ®shermen because of fouled nets or closure of ®shing areas, reduction in ®sh stocks, tainting of ®sh tissue and consumers refusing to purchase ®sh products from a€ected areas. The aquaculture industry of cockles, oysters, and mussels is also particularly vulnerable to damage from oil spills. For example, the aquaculture industry in Malaysia was expected to lose an estimated RM 66.5 million (US$26 million) as a consequence of an oil spill in Johore (Tahir, 1996). The fouling of beaches, coastlines and visitor facilities can have a profound e€ect on tourism. For example, a 1993 collision between an oil tanker and an LPG carrier one mile from Sentosa Island, a popular tourist resort, resulted in a ®nancial loss estimated at US$1.5 million to the hotel business. Popular tourist destinations such as Pangkor, Penang and Langkawi, the sandy beaches of Port Dickson and Lumut in Malaysia and Batam and Bintan in Indonesia are also at risk. The shipment of hazardous wastes around the world is also increasing. There is no published record of dangerous goods being shipped through the Straits. However, it is apparent that as the region become more industrialized, the demand for such goods will increase. Declining ®sh resources Various indicators show that there is a decline of ®sh stock in the Malacca Straits, especially on the Indonesian side. More e€ort is needed to catch pelagic ®sh in the Strait, so ®shers have moved their activities to other waters. On the Malaysian side, there has been a decline in total ®sh catch, a decline in catch per unit e€ort and a fall in the ratio of commercial ®sh to ®sh. Indigenous species in the Straits are also slowly disappearing. 169

Marine Pollution Bulletin

There is evidence that some waters around Malaysia, including the Malacca Straits, are being heavily ®shed or over®shed. Over®shing here is mainly attributed to several factors: (a) introduction and rapid spread of trawling; (b) ®shery development to meet rising domestic and export demands; (c) increase in the number of ®shers; and (d) participation of the government in some commercial ®shing activities. As early as 1971, ®sh catch (428 000 t) in the Straits exceeded the maximum sustainable yield of 400 000 t per year (Burbridge, 1988). Trawling was thought to have led to the depletion of demersal stock, and controls over trawling were eventually instituted by the Malaysian government. In 1983, a complete ban on trawling was introduced by the Indonesian government. The annual ®sh catch in Singapore has substantially dropped from 40 000 t in the 1940s to the early 1950s to only 11 290 t in 1994 (Chua et al., 1997). Some causes of the decline include: (a) increased sedimentation resulting from the extensive coastal reclamation; (b) removal of mangrove; (c) canalising of river courses which reduces the amount of ®ne sediments and nutrients; (d) increased shipping activities; (e) increased land-based activities and the resulting deliberate or inadvertent discharge of oil and other pollutants into coastal waters; (f) restrictions in giving licenses to operate traps; and (g) availability of more lucrative al-

ternative employment opportunities resulting in fewer ®shers. Harmful algal blooms and ®sh kills High nutrient levels in the StraitsÕ waters underpin a high primary productivity and sustain the relatively high levels of aquatic standing crops. However, hypernutri®cation could cause a gradual change of species composition such as the increased frequency of harmful algal blooms and red tides. The occasional blooms of these organisms are reported to cause ®sh and shrimp mortality as a result of oxygen depletion. Red tides have been reported in the coastal waters of both sides of the Straits and in Singapore waters. Paralytic shell®sh poisoning (PSP) in Malaysia was ®rst reported in 1993, followed by a second incident in April 1994 in Sg. Sebatu and Sg. Rambai in a shell®sh culture area. Monitoring results showed that dino¯agellates constitute a small fraction of the total phytoplankton populations (Anton et al., 1995). In Singapore, the ®rst PSP occurrence was in 1987, and in 1989, fatalities of farmed ®sh associated with red tide were reported. Studies have not detected toxic dino¯agellates fatal to humans but have identi®ed the species Cochlodinium catenatum, which causes fatalities to farmed ®sh. This species has been found to bloom in the Strait of Johore probably because of the warm

Fig. 5 Risk pathways illustrating relationships between potential factors in human health and environmental problems and their consequences in the Straits of Malacca (Source: MPP-EAS, 1999b).

170

Volume 41/Numbers 1±6/January±June 2000

temperature (above 30°C) and low salinity (28 ppt) with peak densities at neap tide (Khoo, 1992). Some of the possible causes of algal bloom include the introduction of harmful toxic species spread from ships during deballasting, and the increasing organic waste in the area. Risks to ecosystems and human health It is evident that the various human activities in the Straits impact both ecosystems and human health. To ®nd out the extent of the harmful consequences of human activities in the Straits, the Regional Programme has conducted an environmental risk assessment for the Malacca Straits, to study the e€ect of land- and seabased pollution to living and non-living resources in them. This included a retrospective and prospective risk assessment. Risk pathways (Fig. 5), identi®ed during the retrospective assessment, illustrated the complex relationships between the potential causes of the problems for human and ecosystem health (habitat and species) and their consequences. Findings showed that sources of hazards were ultimately attributable to economic and social factors non-uniformly distributed among the littoral States (Calow and Forbes, 1997; MPP-EAS, 1999b). The retrospective risk assessment showed the declining health of the marine ecosystems (Table 4). In terms of human health, the history of gastrointestinal problems in the region, shows that the problem could not be totally attributed to the consumption of contaminated seafood but is also caused by lack of potable water, improper waste disposal and poor food hygiene. In a prospective risk assessment, the analysis of likelihood of adverse e€ects of environmental conditions to human health, habitat and species in the Straits was estimated (MPP-EAS 1999a,b,c). The e€ects of the human activities were estimated through risk quotients (RQs). The study showed that heavy metals in the water column and sediments, pesticides in the sediments and suspended solids, TBT and oil and grease were likely to cause harm to ecological systems. For human health, likely problems from consumption of heavy metaland pesticide-contaminated seafood were identi®ed.

Coliform bacteria also presented risks, primarily for bathers. The extent of the risk varied from place to place.

Protective Measures There are two regulatory frameworks which have to be considered in the management of the Malacca Straits: (1) the national legal and regulatory framework of the three littoral States and (2) the international legal regime governing straits used for international navigation. National management systems and legislations Indonesia. The framework legislation of Indonesia on the environment is the Law Regarding Environmental Management (EMA-1997) or Act No. 23 which repealed Act No. 4 of 1982 (MPP-EAS, 1999d). The legislation on the marine environment is Act No. 5 of 1983 on the EEZ and its Implementing Government Regulation 15 of 1983 on the management of the living resources within the Indonesian EEZ. The delineation and preservation of nature conservation and protected areas is another strategy of the Indonesian government in managing the marine environment (Table 5). Land-based sources of marine pollution are regulated through the establishment of e‚uent quality standards. Industrial waste is controlled from the planning phase (EIA process) to actual production (e‚uent standards for each type of activity e.g., fertiliser, tapioca and palm oil). Measures to prevent and manage pollution are required to be integrated in the workplan of mining operations. The regulation on toxic waste in Indonesia utilises the cradle-to-grave approach. Procedures and a permit system for production, storage, collection, transportation and processing of such wastes are imposed by the regulation. Pesticides and fertilisers are also regulated under Act No. 12/1992. Sea-based marine pollution is governed by the EMA1997, Act No. 5 of 1983, and the Continental Shelf Act, respectively. Pollution from vessels is governed by Chapter 5 of Act No. 21 of 1992, which is the comprehensive legislation on all aspects of shipping including shipping management, prevention of and response to pollution. Ships are required to have pollution prevention

TABLE 4 Retrospective analysis of decline in key habitats for the Straits.a Habitat type

Areal extent

Decrease in quantity

Decrease inquality

Ecological consequences

Economic consequences

Mangroves Peat swamps Coral reefs Seagrass beds Soft bottoms

Large Large Small Moderate Large

Large Large NI NI No decrease

Moderate (S) NI Moderate to large Moderate (S) Moderate

*** *** ** ** **

** ** * * **

a

Source: MPP-EAS (1999a). Areal extent is an estimation of the relative abundance of each habitat type as large, moderate or small; evidence indicates decrease in habitat quantity (i.e., areal extent) and quality indicates a large decrease, moderate decrease and minimal decrease or no decrease. Judgments on the relative seriousness of consequences for the ecology of the Straits are indicated by number of asterisks, (i.e., more asterisks, more serious), NI indicates that no information was provided. (S) indicates information for Singapore only.

171

Marine Pollution Bulletin TABLE 5 Protected marine areas in the east coast of Sumatra.a;b Province Aceh North Sumatra Riau

Name Kuala Jambu Air Kuala Langsa SM. Karang Gading Sei Prapat Tg. Sinebu ± P. Alang Besar CA P. Berekeh Bakau Selat Dumai P. Pasir Panjang Bakau Muara Kaupas Muara Gunting CA P. Burung P. Bulan P. Penyengat Tg. Datuk CA P. Laut

Status

Ministerial

Ministerial

Ministerial

Ministerial

p.CA p.CA Decree of the Dept. of 11/Kpts/ Urn/i 1/80 p.CA p.SM Decree of the Dept. of 13/Kpts/Um/3168 p.SM p.TW p.CA p.CA Decree of the Dept. of 13/Kpts/Um/3168 p.SM p.TW p.CA Decree of the Dept. of 13/Kpts/UM/3/68

Major interest

Forestry

Mangrove Mangrove Mangrove/ nesting turtles

Forestry

Mangrove Mangrove/mangrove island Mangrove/nesting water birds

Forestry

Mangrove/crocodiles Mangrove islet Fringing mangrove/swamp forest Fringing mangrove/swamp forest Mangrove/nesting water birds

Forestry

) Mangrove island Mangrove Mangrove island/nesting water birds and turtles

a p ± Proposed; CA ± Cagar Alam Laut ± Strict Marine Reserve for the protection of nature and maintenance of natural processes in an undisturbed state in order to have an ecologically representative example of the natural environment available for scienti®c study, environmental monitoring, education and for the maintenance of genetic resources; SM ± Suaka Margasarwa Laut ± Managed Marine Reserve/Marine Sanctuary for the protection of signi®cant species, biotic communities or physical features of the environment, where these may require speci®c human manipulation for their perpetuation; TW ± Taman Wisata Laut ± Protected Seascape for the maintenance of nationally or provincially signi®cant natural areas which are characteristic of the harmonious interaction of the mainland with islands, coasts and sea, while providing opportunities for public enjoyment through recreation and tourism within the normal lifestyle and economic activities of these areas. b Source: Salm and Halim, 1984, cited in Chua et al. (1997).

equipment and are prohibited from disposing of wastes except in accordance with requirements. In particular, ships are required to have oily water separators and an oil discharge monitoring system in accordance with MARPOL 73/78. The four gateway ports of Indonesia have already been instructed to establish ship waste reception facilities; however, only Tanjung Priok and Tanjung Perak have done so and neither facility is operating e€ectively. As a policy, Indonesia does not allow ocean dumping. However, it is not entirely prohibited but only regulated through a licensing system covering the place, method and frequency of dumping, and the type, content and volume of wastes to be dumped. The major oil spill caused by the Showa Maru accident in 1975 prompted the Indonesian government to establish the Standard Operation Procedures (SOP) for oil spill response in the Straits of Malacca and Singapore. The SOP is a Joint Decree between the Director-General of Sea Communication and the Director-General of Oil and Gas, signed in 1981 (Joint Decree No. DKP/1/2/27/ Kpts/DM/MIGAS/1981). The Directorate-General of the state-owned oil company is tasked to operate the equipment for oil pollution control. A draft Presidential Decree on Emergency Control of Oil Pollution at Sea is pending. This would de®ne the composition and structure of response teams at national, regional and local levels. The DGSC would be the lead agency while Pertamina would be the supporting agency. After the decree is issued, it will become the basis for the preparation of the National Oil Spill 172

Contingency Plan. However, the operations prescribed by it have already been put into use during actual accidents and exercises. Further regulation on the matter was provided in the Decision of the Minister of Communication Number: KM 86 of 1990 regarding the Prevention of Oil Pollution from Ships. At national level, the Oce of the State Minister for Environment (MENLH) has primary jurisdiction over environment and development issues. This co-ordinates national e€orts on environmental matters. The National Committee on Marine and Coastal Environment advises the MENLH, and the Environmental Impact Management Agency (BAPEDAL) acts as the environmental enforcement agency, being involved in all aspects of environmental regulation. There is no single agency responsible for marine environmental management, but for marine pollution, the responsible agency is the Director-General of Sea Communication (DGSC) under the Ministry of Communications. Malaysia. The Environment Quality Act of 1974, as amended (EQA), is the framework legislation of Malaysia on environmental protection. It prohibits the pollution of the atmosphere, soil, inland waters, and discharge of environmentally hazardous substances, pollutants or wastes into Malaysian waters, as well as noise pollution. The EQA is complemented by the framework of policies for sustainable development provided under the Second Outline Perspective Plan, the National Development Policy Plan and the Sixth Malaysia Plan.

Volume 41/Numbers 1±6/January±June 2000

Vessel-related marine pollution is further regulated under the Malaysian Exclusive Economic Zone Act of 1984 (EEZ Act), the MerchantsÕ Shipping Ordinance of 1952 and the Merchant Shipping Act of 1994. Dumping of wastes at sea is also prohibited under the EEZ Act unless it is authorised by the Director General of the Department of Environment. Land-based marine pollution is regulated under the Environmental Quality (EQ) Regulations on several subjects, including ÔSewage and Industrial E‚uentsÕ under which any plan to carry out any construction activity which may result in a new source of e‚uent discharge or cause a material change in the quantity or quality of the discharge from an existing source must ®rst be approved by the Director General for Environment. Marine pollution from sea-bed activities is regulated by several Acts, and the Petroleum Act of 1984 governs the transportation of petroleum by pipes. The pipeline owner is required to submit a Written Emergency Plan, which will be implemented in case there is a system failure. The plan includes prompt and remedial measures to protect the environment, minimise property damage and limit the accidental discharge from the pipeline. In the regulation of toxic and hazardous wastes, there are the Guidelines for the Storage of Scheduled Wastes (Guidelines) and the Customs Orders of 1993 on Prohibition of Imports and Exports. The Guidelines prohibit the disposal of any waste listed in the schedule on land or into Malaysian waters except in prescribed premises. The Customs Orders of 1993, on the other hand require the prior written approval from the Director General of Environment for the export or import of toxic or hazardous wastes into or out of Malaysia. Malaysia combines the use of command and control and market-based approaches to prevent and control marine pollution. Market-based approaches have been adopted for the major polluting industries such as the agro-based industries and toxic and hazardous waste generators. This approach includes the imposition of license fees, the phasing of standards, the assessment of an e‚uent-related fee based on the Ôpolluter pays principleÕ, the full or partial waiver of the e‚uent-related fee for industries conducting research on e‚uent treatment, the granting of tax incentives, especially to industries that reduce emissions and the conferment of pioneer status for ®ve years to companies engaged in an integrated operation for the storage, treatment and disposal of toxic and hazardous wastes (MPP-EAS, 1999d). Civil or criminal penalties are also used as a deterrent for violation of marine pollution laws. With speci®c reference to oil pollution, a legal regime of liability for damages was enacted under the Merchant Shipping Act of 1994. This regime is applied together with the CLC and the FUND Convention. Malaysia has a National Oil Spill Contingency Plan which is supported by the private sector. The initiative is

subscribed to by companies involved in downstream processing and upstream production of petroleum in Malaysia. The responsibility for the enforcement of marine environmental legislation in Malaysia does not rest with one single department. The Director-General of the Department of Environment under the Ministry of Science and Technology has extensive powers under the 1985 Exclusive Economic Zone Act to deal with marine pollution which threatens to damage MalaysiaÕs coastline, or any part of the environment or related interests, such as ®shing interests, in the EEZ. The Director-General may issue directives or take necessary action to respond to or mitigate the damage or the threat to damage. Singapore. Although Singapore is one of the worldÕs busiest ports, it has no framework regulation on the environment, but has adopted speci®c measures to control and prevent both land- and sea-based sources of marine pollution. The Prevention of Pollution of the Sea Act of 1991 (PPSA) regulates pollution from ships and contains the main provisions of MARPOL 73/78 on sea-based pollution sources. The discharge of any ashes, solid ballast, sludge or any other matter into the waters of the Port of Singapore without permission is also prohibited. In addition to the permit requirement, Singapore requires the treatment of ballast water prior to discharge. Other regulatory measures include the setting-up and use of reception facilities and the requirement of keeping oil and cargo record books. Another measure regulating the transport of petroleum and other potentially hazardous substances is the Petroleum Act and the Hazardous Waste Act of 1997. Land-based pollution is regulated under the PPSA, the Water Pollution Control and Drainage Act of 1975, as amended (WPDA) and the Environmental Public Health Act of 1987, as amended (EPHA). The PPSA prohibits the discharge of oil or oily mixture into Singapore waters from any place on land, or from any apparatus used for transferring oil from or to any ship. It also prohibits the deposit of any oily mixture, refuse, garbage, plastic waste matter, carcass, noxious liquid substances and marine pollutant. Trade e‚uents and sewage collection and treatment is regulated under the Water Pollution Control and Drainage Act. The discharge of toxic substances into any inland water is also prohibited under the Water Pollution Control and Drainage Act, and the sewage collection and treatment facilities, as well as the e€ective solid waste system in Singapore are major factors in the control of land-based marine pollution. The two government oces that play major roles in the prevention and control of marine pollution are the Maritime and Port Authority of Singapore (MPA) and the Ministry of Environment (ENV) which have general jurisdiction over marine and ship-based sources of pollution and land-based pollution, respectively. 173

Marine Pollution Bulletin

International legal regime governing malacca straits It is a general principle of international law that each state shall have the duty to ensure that the activities within its territory do not cause transboundary harm. Speci®cally applied to shared resources such as the Malacca Straits, the littoral States have the `general duty to cooperate on the basis of a system of information and prior consultations in order to achieve the optimum use of such resources without causing damage to the legitimate interests of the others' (UN General Assembly Resolutions 3129 (XXVIII) of December 1973 and 3281 or the Charter of Economic Rights and Duties of States, 1974). For example, the littoral States must ensure that the level of pollution that they discharge into the Straits will not substantially a€ect the interests of other littoral States in the Straits. International law and UNCLOS consider the Malacca Straits as an international strait. Table 6 shows other relevant international conventions that the three littoral States have rati®ed. Vessels have the right of transit passage, but in order to ensure safety of navigation and the protection of the marine environment, UNCLOS requires that ships comply `with generally accepted international regulations, procedures and practices for safety at sea, including the International Regulations for Preventing Collisions at Sea'. Furthermore, ships are required to `comply with generally accepted international regulations, procedures and practices for the prevention, reduction and control of pollution from ships'. UNCLOS

TABLE 6 Rati®cation of littoral states in the Malacca Straits of international conventions relating to marine pollution. Convention/protocol

UNCLOS MARPOL Annex I/II Annex III Annex IV Annex V Annex VI London convention Convention Protocol Intervention Convention Protocol CLC Convention Protocol Protocol Fund Convention Protocol Protocol Salvage OPRC Basel HNS a

Year

1982 1973/78

Year of rati®cation/accession Indonesia

Malaysia

Singapore

1986

1996

1994

1986

1997

1990 1994

1997

1999

Da 1981 1997

1972 1996 1969 1973 1969 1976 1992

1978

1995

1971 1976 1992 1989 1990 1989 1996

1978

1995 1997

1993

1997 1993

D ± Denunciation in accordance with the 1992 Protocols.

174

1999 1996

also allows the littoral States to undertake measures for navigation safety and marine environment protection. The littoral States are authorised to take appropriate enforcement measures against any foreign ship, other than a warship, auxiliary vessel, or vessel owned by a State and used for non-commercial purposes, which threatens major damage to the marine environment of the Straits and violates regulations adopted by the littoral State for the safety of navigation and for the prevention, reduction and control of pollution. As coastal States, Malaysia, Indonesia and Singapore are authorised to undertake enforcement measures when there are clear grounds for believing that a vessel has violated provisions and obligations. Flag states of vessels are also required to ensure compliance, but ¯ags of convenience are a problem in the Straits because these have very lax vessel safety regulations and do not enforce IMO Conventions. Coordination in the management of the Malacca Straits The complexity of the issues and problems in the Malacca Straits makes it impossible for the littoral States to individually manage the Straits. They have thus engaged in various levels of co-operative activities. One important initiative has been the preparation of the present Trac Separation Scheme and development of an Electronic Chart Display and Information System (ECDIS). In 1998, a hydrographic survey was completed by the three littoral States and Japan, which was used in the formulation of a new routing system (Hamzah, 1999). Oil spills are examples of transboundary hazards that have to be coordinated by the littoral States of the Malacca Straits, as well as by the private sector. In 1975, oil companies/agencies in each ASEAN country formed the ASEAN Council on Petroleum (ASCOPE) to promote and extend cooperation. The Council consists of heads of each national company/agency, and in 1980 ASCOPE initiated the ASCOPE Plan for the Control and Mitigation of Marine Pollution (ASPCMMP) in order to enhance individual national plans. In 1986, ASCOPE and ASEAN uni®ed their plans into a regional oil spill contingency plan. In 1993, the then six ASEAN countries agreed to establish the ASEAN Oil Spill Response Action Plan (ASEAN-OSRAP) to provide a cooperative plan for mutual assistance from member states and organizations for oil spill response. Oil spill equipment is maintained by the littoral States in co-ordination with industry. At present, oil spill contingency planning has been done at the sub-regional level under the auspices of the Association for South East Asian Nations. The Petroleum Association of Japan (PAJ) also extends assistance by stockpiling oil spill response equipment in the Straits which can be used in an oil spill. In 1994, the Regional Programme initiated the Malacca Straits Demonstration Project (MSDP) to assist the littoral States in their e€orts to identify existing and

Volume 41/Numbers 1±6/January±June 2000

potential pollution risks, and to strengthen regulatory mechanisms and instruments for managing pollution. The Regional Programme, together with the littoral States, prepared an environmental pro®le of the Malacca Straits for use in environmental management and assessment of the natural resources (Straits of Malacca Environmental Information System, SMEIS). A comprehensive economic assessment of the market and nonmarket values of the marine natural resources was made. The Regional Programme has identi®ed a veri®ed process for assessing and managing transboundary marine pollution in sub-regional sea areas. In particular, the MSDP has demonstrated the usefulness and e€ectiveness of risk assessment/management as a tool for addressing the transboundary pollution problem, particularly marine pollution risk assessment arising from land- and sea-based sources. An assessment of marine pollution risks in the Straits has already been completed. The risk assessment provides additional input in identifying options for managing risks in the Straits. In order to echo the lessons learned from the risk assessment study in the Straits, the MSDP organized a regional training and developed a training manual on environmental risk assessment and natural resource damage appraisal. The Regional Programme has also undertaken a study on the need and feasibility of designating the Malacca Straits as a special area under MARPOL 73/ 78, wherein more stringent restrictions exist on the disposal of harmful substances. Oceanographic and ecological conditions, vessel trac characteristics, availability and adequacy of port reception facilities, are among the criteria for determining a special area. The ecological conditions and the vessel trac in the Malacca Straits make it a potential candidate, which will ensure stricter protective measures for the marine environment (MPP-EAS, 1999e). To sustain the activities in the Straits after the project, the Regional Programme has conducted capacity building activities on marine pollution prevention measures and the implementation of marine pollution-related international conventions. In particular, the Regional Programme has conducted training workshops on the implementation of international conventions, risk assessment, damage claims, OPRC, and e€ective shore reception facilities.

Conclusion and Recommendations The integrity of the Malacca Straits as safe and clean international waterways can only be maintained if both user and littoral states co-operate. The users of the coastal resources and international sea-lanes and the littoral States have the responsibility to ensure safe passage and a clean marine environment in the Straits. The littoral and user States should develop and implement sustainable sub-regional marine pollution pre-

vention and management policies, strategies and action plans to address marine pollution arising from sea-based activities. The latter action plans need to include rati®cation and implementation of marine pollution conventions. The existing environmental issues and potential environmental threats demand serious consideration. Pollution management in the Straits must address four main problem areas: (1) minimising pollution; (2) enforcement of regulations for controlling vessel-based pollution; (3) oil spill prevention and control; and (4) marine environment rehabilitation and compensation for damage (MPP-EAS, 1999f ). For coastal tourism areas, the following management measures should be considered: (a) coral reef protection by limiting the number of divers; (b) provision of setback zoning for beaches to allow natural coastal processes and vegetation growth to occur; and (c) pollution prevention. An important concept in recreational planning is the determination and upholding of carrying capacity in beach and coral reef areas. For beach protection, adequate bu€er zones between development areas and shorelines must be established and setback zones established to protect life and property against erosion, preserve coastal habitats such as sea turtle nesting grounds, and enhance the scenic values. According to one study, tourism and recreational bene®ts gained from maintaining biodiversity, and the state and quality of coastal and marine water and resources far outweigh the costs of implementing the management measures (MPP-EAS, 1998). Pollution control by vessels traversing the Straits is essential: vessel accidents are a major source of pollution, so improvement of navigational services is essential. Total net economic value of marine and coastal resources in the Straits of Malacca is estimated to be about $5.1 billion (Table 7). Revenues from tourism and ®shery activities alone account for 11.7% and 10.9%, respectively, of the total (net) economic value of the Straits (MPP-EAS, 1999g). At present, however, these resources are at risk because of widespread deforestation leading to siltation and sedimentation, pollution and destruction of habitats. These problems, if not mitigated, would lead to the loss of economic values. For example, the deterioration of ecosystems and water quality, and decline of biodiversity will lead tourists to other sites and will push ®shing boats into other ®shing areas, thereby reducing the economic bene®t that tourism and ®sheries industries derived from the Straits. Measures to prevent accidents, to reduce discharge of wastes, and to respond and control the consequences must be in place to ensure that there can be continued bene®cial use of the Straits. These services do not come free (Table 8). While many user States enjoy the bene®ts of using the Straits, only Japan has made signi®cant contributions for the maintenance of navigational safety and prevention of pollution (Hamzah and Nizam Basiron, 1997). 175

Marine Pollution Bulletin TABLE 7 Total economic value, by ecosystem, by country (US$, in 1995 prices). Ecosystem

Indonesia Gross bene®ts

Malaysia

Singapore

Net bene®ts

Gross bene®ts

Net bene®ts

Mangroves 2 260 475 206 Mud¯ats 26 250 Beach 348 033 632 Coral reefs 567 387 522 Seagrass Seaweeds 16 382 625 Fisheries 875 050 250 From ecosystems 875 050 250 Aquaculture 170 940 387 Sea lanesa

1 841 575 576 26 250 248 804 519 466 360 403 n.d. 1 933 575 458 445 077 458 445 077 17 094 039

1 695 275 129 49 680 083 115 408 583 47 503 305 10 765 355 3 345 767 686 340 025 425 551 661 97 852 203

1 379 014 506 28 131 904 69 255 758 26 145 178 2 333 656 1 037 413 154 429 860 102 976 316 38 973 538

31 229 604 10 289 413 810 397 118 068 560 71 702

Total

2 575 794 362b

2 280 618 789

1 596 345 497c

3 363 245 622

Total

Gross bene®ts Net bene®ts Gross bene®ts Net bene®ts

8 400 000 4 200 000 18 600 000

27 798 929 10 289 248 286 238 70 863 522 71 702 n.d. 1 657 320 828 660 11 160 000

3 986 979 940 49 716 623 877 252 612 732 959 386 10 837 057 19 728 392 1 569 790 275 1 304 801 911 287 392 590 600 210 000

3 248 389 011 28 168 444 566 346 515 563 369 103 2 405 358 2 970 988 614 532 258 562 250 053 67 227 576 600 210 000

585 990 552

359 019 340c

6 830 064 963

5 131 369 199

a

The value of sea lanes refers to the shipping costs saved by Japanese petroleum vessels from using the Straits of Malacca instead of alternative routes. b The total ®gure excludes the value of ®sheries since this has been already accounted for under the ecosystems. c The total ®gure excludes the value of ®sheries from the ecosystem since this has been already accounted for under the ecosystems.

TABLE 8 Expenditures for navigational safety.a

Navigational aids Surveillance cost Emergency and rescue services Search and rescue (operational cost) Oil pollution control Trac separation Vessel trac services Hydrographic survey Institutional cost Marine Department (operational expense) Light Dues Board (expense) Hydrographic Directorate Total a

RM

US$

40 955 000 9 590 000

16 382 000 3 836 000

4 884 372 77 000 6 500 000 110 500 000 2 350 000

or 14 076 per incident per oil spill incident per year (1993)

1 953 749 30 800 2 600 000 44 200 000 940 000

10 690 000 6 210 000 7 550 000

(average 84±93) (average 84±93) (average 84±93)

4 276 000 2 484 000 3 020 000

199 306 373

79 722 549

Source: Hamzah (1997).

With increases in trac and activities in the Straits, the littoral States will be unable to subsidise the cost of maintaining them without assistance from the users. Under the `polluter pays' principle, the shipping community should also shoulder the cost of marine environmental protection (Tan Sri Razali Ismail, 1999). This is a necessary expense if the bene®ciaries of the Straits would like to continue deriving both market and nonmarket bene®ts from its resources. It becomes imperative for the littoral States and the user States to cooperate and formulate an innovative ®nancing scheme, which will distribute the ®nancial burden on all parties that bene®t from the Straits. There may be several methods of collecting revenues for this, but in addition, non-monetary means of cooperation, such as capacity building and cooperative research on transboundary environmental issues should be explored. During the International Conference on the Straits of Malacca, 19±22 April 1999, the establishment of an inter-ministerial mechanism was proposed. The proposed mechanism will be tasked with reaching consensus on 176

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