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THE BOARD OF ENGINEERS MALAYSIA LEMBAGA JURUTERA MALAYSIA

POLLUTION PREVENTION AND RIVER WATER


QUALITY IMPROVEMENT PROGRAMME

ENVIRONMENTAL AUDIT – A PROACTIVE TOOL FOR


POLLUTION AND ACCIDENT PREVENTION

HOLISTIC APPROACH TO URBAN STORM-WATER


POLLUTION MANAGEMENT

NEW DRAWING REQUIREMENTS FOR


WATER SUPPLY LAYOUT PLAN

THE BRIDGE BUILDERS – MARVELS OF ENGINEERING


KDN PP11720/9/2003 ISSN 0128-4347 VOL.23 SEPTEMBER-NOVEMBER 2004 RM10.00

Environment MB
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M A L AY S I A
2 President’s Message

contents
JU
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M A L AY S I A Announcement
Volume 23 September-November 2004
Cover Feature
6 Pollution Prevention and River Water Quality
Improvement Programme
8 Environmental Audit – A Proactive Tool For
Pollution And Accident Prevention
13 Holistic Approach To Urban Storm-Water
Pollution Management
19 Economic Approaches In Addressing
Environmental Issues

Update
7
22 New Drawing Requirements For
Water Supply Layout Plan
23 New Regulations Under
Environmental Quality Act 1974

13 Engineering & Law


24 Supervision: An Overview

Feature
36 The WTO And The South: Implications And
Recent Developments (Part 2)
44 42 The Bridge Builders – Marvels of Engineering
50 The Role Of Sewage Treatment In
Public Health (Series 2)

Engineering Nostalgia
56 56 Milestones In Malaysian Engineering:
Merdeka Stadium 1957

BULETIN INGENIEUR 1
President’s Message
Over the past decades, there has been an
increasing awareness and concern for the
environment and how its deterioration as a result of
impact from human activities could deplete and
destroy our natural resources as well as seriously
KDN PP11720/9/2003 ISSN 0128-4347 VOL. 23 SEPT-NOV 2004 affect the quality of human life. Our dependency on
Members of the Board of Engineers Malaysia natural resources, whether renewable or non-
(BEM) 2003/2004
renewable, results in the continuing degradation of
President
YBhg. Tan Sri Dato’ Ir. Hj Zaini Omar the environment. As the exploitation of natural
Registrar
resources for development is inevitable, the focus has been on a long-
Ir. Ashari bin Mohd Yakub term sustainable use of these resources and development without
Secretary permanent residual impact on the environment. Expanding populations
Ir. Dr. Judin bin Abdul Karim
urgently require more food, water, energy and land and where there are
Members of BEM few alternative resources, one cannot afford to wait for long term benefits,
YBhg. Tan Sri Dato’ Ir. Md Radzi bin Mansor
YBhg. Datuk Ir. Santhakumar Sivasubramaniam and as such, finds investments in environmental protection unattractive.
YBhg. Dato’ Ir. Dr. Hj. Abdul Rashid bin Maidin
YBhg. Datu Ir. Hubert Thian Chong Hui In the past, it would seem that engineering in its various fields – be it
YBhg. Dato’ Ir. Ashok Kumar Sharma
YBhg. Datuk Ir. Md Sidek bin Ahmad civil, structural, mechanical or chemical – would run contrary to the
YBhg. Datuk Ir. Hj. Keizrul Abdullah aims and objectives of environmental protection and conservation. Most
YBhg. Dato’ Ir. Kok Soo Chon
Ir. Ho Jin Wah aspects of engineering would be related to various forms of development
Ir. Yim Hon Wa
Ir. Prof. Ow Chee Sheng and construction that would have potentially lasting and damaging impact
Ir. Mohd Aman bin Hj Idris
Ir. Hj. Abu Bakar bin Che’ Man on the environment and its resources. However, over recent years, there
Ir. Prof. Abang Abdullah bin Abang Ali is growing realisation that engineering not only has a role to play in
Tuan Hj. Basar bin Juraimi
Ar. Paul Lai Chu environmental protection but also a responsibility to ensure that
Editorial Board development does not have long-term serious impact.
Advisor It is now realised that engineering design in its various forms in
YBhg. Tan Sri Dato’ Ir. Hj Zaini Omar development can greatly assist in alleviating and reducing potential
Chairman impact on the environment, and this is true of most if not all aspects of
YBhg Datuk Ir. Shanthakumar Sivasubramaniam
engineering. The construction of infrastructure facilities – buildings, roads,
Editor
Ir. Fong Tian Yong bridges, jetties, airports, etc. – all involve the various branches of
Members
engineering - civil and structural, mechanical and electrical. These
YBhg. Dato’ Ir. Ashok Kumar Sharma involvements can contribute tremendously to carefully thought-out
Ir. Prof. Madya Dr. Eric Goh Kok Hoe
Ir. Prof. Ishak bin Abdul Rahman designs and specifications that will have a lesser or zero impact on the
Ir. Prof. Dr. Ruslan Hassan
Ir. Prof. Dr. K. S. Kannan environment without sacrificing or comprising the overall objectives of
Ir. Nitchiananthan Balasubramaniam development. Chemical engineering is vital in the design of industrial
Ir. Mustaza bin Hj. Salim
Ir. Md Amir bin Kasim systems that optimize the chemical processes without generating toxic
Ir. Dr Lee Say Chong
Ir. Chan Boon Teik wastes; and where toxic wastes are inevitable, in the treatment of such
Ir. Choo Kok Beng
wastes and pollutants in sewage treatment facilities and landfills, and
Publication Officer industrial emissions. Priorities must be set in order to combine
Pn. Nik Kamaliah bt. Nik Abdul Rahman
environment and development, and in demonstrating the economic value
Assistant Publication Officer
Pn. Che Asiah bt. Mohamad Ali of an environmental concern. The option of no project or a 100%
Design and Production environmentally sound development is unrealistic and the challenge for
Inforeach Communications Sdn Bhd engineers at this point in time is to recognise their role and responsibility
Buletin Ingenieur is published by the Board of in providing technical expertise in balancing benefits and cost in
Engineers Malaysia (Lembaga Jurutera Malaysia)
and is distributed free of charge to registered development and in the alternative ways of achieving the desired results.
Professional Engineers.
On that note, it is worthwhile to reiterate that there should be no
The statements and opinions expressed in this conflict of interest between the environment and development. The
publication are those of the writers.
ultimate challenge now is to use engineering to help reduce as well as
BEM invites all registered engineers to contribute
articles or send their views and comments to the provide solutions to environmental issues that arise as a result of
following address:
development.
Publication Committee
Lembaga Jurutera Malaysia,
Tingkat 17, Ibu Pejabat JKR
Kompleks Kerja Raya Malaysia,
Jalan Sultan Salahuddin
50580 Kuala Lumpur
Tel: 03-2698 0590 Fax: 03-2692 5017
E-mail: bem1@jkr.gov.my publication@bem.org.my TAN SRI DATO’ Ir. HJ. ZAINI BIN OMAR
Web site: http://www.bem.org.my
President
Advertising/Subscriptions
Subscription Form is on page 54 BOARD OF ENGINEERS MALAYSIA
Advertisement Form is on page 55

BULETIN INGENIEUR 2
Editor’s Note
The Environment is apparently a more popular theme among our
contributors of articles. This interest is understandable given the emphasis
on this subject by the public and private sectors. At the present time alone,
there are several environmentally-related national seminars and activities
in the capital city.
Given the popularity of this subject, the Publication Committee may
repeat this theme on a yearly basis as we understand that there are more
issues and policies under study that may be of interest to practicing
engineers.
Meanwhile, give a thought to the December issue on ‘Facility
Management’ as more pages will be added on to bring festive cheer to
readers.

Ir. Fong Tian Yong


Editor

Announcement

Publication Calendar
The following list is the Publication
Calendar for the year 2004 and 2005.
While we normally seek contributions
from experts for each special theme, we
are also pleased to accept articles
relevant to themes listed.
Please contact the Editor or the
Publication Officer in advance if you
would like to make such contributions or
to discuss details and deadlines.
JURUTERA PERUNDING LC
December 2004: FACILITY MANAGEMENT
SDN. BHD. March 2005: CONSTRUCTION AND THE LAW
(141864-T) June 2005: ENERGY
September 2005: WATER
December 2005: ENVIRONMENT

Mechanical & Electrical


World Engineers’
Event Calendar

Consulting Engineers
Convention 2004
130C, Jalan Thamby Abdullah, Brickfields, (WEC 2004)
G.P.O. Box 12538, 50782 Kuala Lumpur. Date: November 2-6, 2004
Tel: (603) 2274 9900, 2274 9895, 2274 9896 Venue: Shanghai International
Fax: (603) 2274 9909 Convention Centre, Pudong, Shanghai
E-mail: jplc@po.jaring.my
For further details, please contact IEM
Secretariat at 03-7968 4001/4002 or
sec@iem.org.my

BULETIN INGENIEUR 4
cover feature

Pollution Prevention And


River Water Quality
Improvement Programme
By Hajah Rosnani Ibarahim, Director General of Environment,
Lee Choong Min, Director, River Division, DOE

U
nder the Environmental River Water Quality Status This deteriorating trend of river
Quality Act (EQA) 1974 water quality had prompted DOE to
environment means the The trend of water quality (1990– look into more effective means of
physical factors of the 2003) for the 120 river basins is as improving them in a holistic manner
surroundings of human beings shown in Figure 1. The number of so as to sustain their beneficial uses.
including land, water, atmosphere, polluted rivers was observed to be Programmes to speed up the
climate, sound, odour, taste, the increasing from seven in 1990 to 13 in improvement of water quality for
biological factors of animals and 1999 while the number of clean rivers polluted rivers were then initiated.
plants and the social factor of had decreased from 48 in 1990 to 35 in Systematic and progressive measures
aesthetics. 1999. Results of the analysis showed need to be done in order to enhance
To date, various water pollution that the deterioration of river water the river water quality to a clean
prevention and abatement quality in the country was due mainly status or to achieve at least the Class
regulations had been formulated to to discharges of sewage and domestic II level.
prevent and control the discharge of waste water; animal farming; land
effluent from polluting point sources. clearing and earthworks; agricultural Pollution Prevention and
In combating water pollution and and manufacturing activities. Domestic River Water Quality
enhancing the quality of our inland waste water; surface runoff from urban Improvement Programme
waters, besides the enforcement areas; discharges from restaurant, wet
activities carried out in accordance markets and food courts; pollution from A programme known as the
with the requirement of those agricultural and land clearing activities; Pollution Prevention and River Water
pollution prevention regulations, the suspended solids and silts from Quality Improvement Programme was
Department of Environment (DOE) earthwork and sand mining are the initiated with a view to rehabilitate
also monitors the quality of the river main non-point polluting sources rivers with serious pollution problems
water. The river water monitoring (NPS). to ultimately meet its beneficial uses.
programme was initiated in 1978,
with the initial aim of establishing
water quality baselines, and
subsequently to detect water quality
changes and to identify the causes
of pollution. Out of the 189 rivers in
the country 120 river systems were
chosen to be included in this
programme based on their beneficial
uses and economic importance. A
total of 926 river water quality
monitoring stations were established
within these 120 river basins. The
appraisal of the water quality in each
river basin is based on the Water
Quality Index (WQI) consisting of
parameters such as dissolved oxygen
(DO), biochemical oxygen demand
(BOD), chemical oxygen demand
(COD), ammoniacal nitrogen (NH3N),
suspended solids (SS) and pH.

BULETIN INGENIEUR 6
cover feature
Among the key objectives of this
Programme are:

(i) To identify all the point sources


and non-point sources of
pollution in the subject river
basin and to determine the
pollution loads and their impact
on water quality of that river;
(ii) To prepare and to implement
plans of action for the
rehabilitation and improvement
of river water quality from the
polluted/slightly polluted
category to clean category
according to the water quality
classification for purposes of
potable water supply, recreational
activities and tourism; and
(iii) To conserve and continuously
maintain the clean status of river
water quality after the enhancement of water quality and the placed at strategic locations to arrest
rehabilitation and quality river system for beneficial uses such floating solid waste prior to discharge
improvement works have been as water supply, recreational and into rivers; legal and institutional
completed. tourism products are to be formulated. measures; as well as environmental
Thirdly, the accepted action plans will awareness campaigns.
A total of 26 river basins as shown then be presented to various
in Figure 2 were identified; six rivers responsible agencies for funding Conclusion
were initially selected for detailed application and allocation for
feasibility studies in the rehabilitation implementation and finally the The effectiveness of the River
programme. operational and maintenance plans to Pollution Prevention and Water
The six river basins are Sungai ensure conservation and Quality Improvement Programme in
Langat, Sungai Segget, Sungai sustainability of the achieved water all the selected river basins through
Tebrau, Sungai Melaka, Batang quality. intensification of enforcement
Rajang and river systems in Cameron Findings of the studies carried out activities, particularly on sewage
Highlands. Studies for the Sungai on Sungai Segget, Sungai Tebrau, and treatment facilities and industrial
Langat, Sungai Segget and Sungai Sungai Langat Basins clearly sources, to ensure compliance with
Tebrau Basins have been completed identified that sewage remains as the the stipulated discharge standards
in 2003. The study on Sungai Melaka main single source of pollution in supported by public awareness
commenced in 2003 and will be term of organic pollution loads. Non- campaigns has resulted in the
completed in 2004. while studies on point pollution sources and industries increase in the number of clean rivers
rivers in Cameron Highlands and are other major contributors to since the implementation of the
Batang Rajang Basins began in early pollution of Sungai Langat. These programme in the year 2001 as
2004 and will be completed in 2005. findings led to the assumption that a shown in Figure 1. With further close
For the other remaining 20 river similar trend may occur for many co-operation and concerted efforts
basins, DOE continues to embark on other river basins of similar land use among the implementing agencies
its enforcement and awareness within their catchment areas. and the general public, we can
programmes. The action plans for pollution prevent river pollution and improve
prevention and river water quality its water quality and provide a
Formulation of Action Plans improvement of Sungai Langat, significant contribution towards
Sungai Segget and Sungai Tebrau protecting one of our vital natural
The Pollution Prevention and have been completed in the year 2002. resources. The industries also need
River Water Quality Improvement Among the measures proposed in the to play their roles in carrying out
Programme has four stages of Action Plans included: industrial efficient management and put in
activities. Firstly is the detail study pollution control measures; place appropriate measures to
of the river basin in terms of pollution upgrading of existing large sewage prevent and minimize pollution of
sources and impact on the quality of treatment plants; building new the rivers. This integrated effort is
the water in the basin. Secondly, modern mechanical treatment plants of vital importance for water can act
based on the findings of the study to cater for the increasing number of as a limiting factor in the pursuit of
action plans to reduce, prevent and population; in-stream measures sustainable development if it is not
abate pollution; action plans for include gross pollutant traps (GPTs) properly managed. BEM

BULETIN INGENIEUR 7
cover feature

Environmental Audit –
A Proactive Tool For Pollution
And Accident Prevention
By Ir. Dr. Chong Hock Guan, CEO and Principal Consultant, GMP Environmental Consultants

W
ith many environmental ● Educate and motivate the a report thereof, the owner or occupier
accidents happening these workforce so directed shall appoint qualified
days, we should be more ● Demonstrate management personnel who are registered under
proactive to find ways to prevent commitment to environmental subsection (3).
accidents. One of the ways is the control
effective use of environmental audits ● Improve the working environment (3) For the purpose of this section,
to regularly check an organisation’s – making the place safer and the Director General shall maintain a
environmental management and healthier list of qualified personnel who may
practices. ● Encourage “self-regulation”- thus carry out any environmental audit
Most engineers know the word reduce the burden of enforcement and submit a report thereof.
“Environmental Audit”, but not many
know its importance and benefits. So, what is “environmental audit’? In addition, Section 51 of the EQA
Some have a misconception that 1974 further states:
environmental audit is a fault-finding Environmental audit can be (1) In addition to and not in
exercise and a waste of time. Coupled defined as “a measure of derogation of any of the powers
with inexperienced auditors with poor environmental risks, and an contained in any other provision of
understanding and application of assessment of environmental this Act, the Minister after
audit methodology, many opportunities”. The popular consultation with the Council may
environmental audits are conducted management concept – “What gets make regulations for or with respect
in a sub-standard manner, merely to measured, gets done” – is well applied to - (t) regulating environmental audit
satisfy the needs of certification or here. This means, audit should have and the submission of an audit report
contractual requirements. measurement involved, and audit and the appointment of qualified
tools, which can measure personnel to assist the Director
Concepts Of Environmental Audit quantitatively, will be able to measure General in carrying out an
the environmental performance environmental audit of any vehicle,
Contrary to what most people effectively. ship or premises, irrespective of
believe, environmental audit is whether the vehicle, ship or premises
actually fact-finding work. A proper Legal Requirements are prescribed under section 18 or
and systematic environmental audit otherwise, and their manner of
will definitely yield benefits, and The Environmental Quality Act operation, and prescribing the fees
some of these benefits include: (EQA) 1974 of Malaysia specifies chargeable
requirements on environmental audit;
● Highlight positive efforts made in as contained in Section 33A Environmental audit in the EQA
environmental performance Environmental Audit noted below: 1974 is defined as “a periodic,
● Identify potential environmental systematic, documented and objective
accidents (1) The Director General may require evaluation’ to determine –
● Initiate corrective and preventive the owner or occupier of any vehicle, (a) the compliance status to
action to avoid accidents and ship or premises, irrespective of environmental regulatory
disasters whether the vehicle, ship or premises requirements
● Ensure compliance with are prescribed under Section 18 or (b) the environmental management
environmental legislation otherwise, to carry out environmental systems, and
● Improve efficiency audit and to submit an audit report (c) the overall environmental risk of
● Reduce wastage and improve cost in the manner as may be prescribed the premises.
savings by the Minister by regulations made
● Enhance corporate image of the under this Act. It can be interpreted that the Act
organisation requires three types of the
● Increase confidence of customers (2) For the purpose of carrying out environmental audit to be done
in the processes and products an environmental audit and to submit notably:

BULETIN INGENIEUR 8
cover feature
● Compliance Audit
● Environmental
Management Systems
Audit
● Risk Audit

As noted below, these are


three of the many other
types of environmental
audit.

Types Of
Environmental Audit

The main types of


environmental audit can
be categorised as:

1. Compliance Audit –
mainly to check on
compliance with the legal
or corporate requirements
2. E n v i r o n m e n t a l
Management Systems
Audit – The International
Standard, ISO 14001
Environmental
Management Systems-
Specification with
guidance for use specifies
clearly such a
requirement. This audit
checks the whole
management system with
regards to the
requirements of ISO
14001 Standard. Figure
1 shows the ISO 14001 EMS model. 7. Energy Audit – Since energy conception to final disposal, to ensure
3. Risk Audit – This type of audit production involves natural resources, all processes and raw materials used
evaluates the level of environmental this type of audit covers the collection, are in-line with environmental
risks with regards to the operation and analysis and interpretation of energy requirements.
activities in such organisation. audit. The results are cost savings and 12. Cleaner Production Audit – Also
4. Due Diligence Audit – This is efficient use of energy. called Waste Minimization Audit. This
used by organisations or banks to 8. Certification Audit – This audit finds the processes involved in
evaluate environmental conditions involves assessment against an agreed reducing and eliminating the use of
when dealing with merging, standard prior to issuance of certificate. toxic chemicals, which aims to result
acquisition or divestment of 9. Environmental Performance in less pollution and toxic wastes
properties. Audit – checks on environmental produced.
5. Environmental Impairment performance, including continual
Liability Audit – an essential pre- improvement in reducing As there are many types of
requisite for organisations to obtain environmental pollution. environmental audit, every
insurance to cover the liability 10. Audit on Contractors and organisation has to be clear on and
resulting from environmental Suppliers – examines the specific which type of environmental
pollution and impact. environmental activities of its audit it needs.
6. Environmental Marketing Audit contractors and suppliers, in particular,
– such an audit is used by in reference to their compliance to Systematic Environmental
organisations to check that their environmental legislation and Audit Methodology
products are in conformance with standards.
consumer and legislative 11. Product Audit – This usually A systematic environmental audit
requirements. checks the product life-cycle, from consists of three main stages:

BULETIN INGENIEUR 9
cover feature

1. Pre-Audit phase comprises five events in facts in response to the audit


Pre-audit deals with preparations sequence, they are: questions. Figure 2 shows the
prior to the audit on-site. The work importance sequence of events for
include: (i) Opening meeting – This is the this on-site audit technique.
● communicating with the site first formal event at the site, and
personnel on the audit should be attended by audit team (iv) Verification – The facts obtained
● obtaining background information and the management of the auditee. from the knowledgeable persons are
about the site Usually the top management will verified. There are three techniques
● defining the scope and intent of address the audience first, and the of verification:
the audit audit team leader will then inform ● Document review – this exercise

● determining the type of audit the management on the agenda and examines the manual, procedures,
● selecting audit team members the methodology of the audit. work instructions, records and
● preparing the necessary equipment supporting documents
– audit checklists, personal (ii) Familiarization tour – The audit ● Verification interviews –
protective equipment and other team members are accompanied by involves interviewing employees
audit tools key personnel of the auditee to visit randomly to check the
● making preparations on logistic, the site briefly in order to be familiar implementation of systems in
accommodation and with the nature of operations and place.
transportation if needed, and the environmental concerns. It ● Site Inspection – all physical

● sending a letter of notification to should be noted that this is not site installations at the site are
the site to confirm the audit on- inspection. This event is not needed checked against the standards
site if the audit team members are and good environmental
familiar with the site. practices.
2. On-Site Audit
This is the main bulk of the (iii) Interviewing the knowledgeable A combination of any three
audit, and is done in the ‘auditee’. persons – This is the essence of the verification techniques can be used,
Auditee is defined as the on-site audit, whereby key with the main intent of confirming
organisation being audited. This personnel are interviewed to obtain evidence of the facts obtained.

Interviewing
Knowledgeable Persons

Facts

Verification of Responses

Verification Document Site


Interviews Review Inspection

Audit
GMP ENVIRONMENTAL Findings
CONSULTANTS

BULETIN INGENIEUR 10
cover feature
(v) Closing Meeting – Audit findings Figure 3 shows that using the ● Evidence-based approach: the
and conclusions are presented by the GMP ISO 14001 Audit Scheme®, the rationale method for reaching
audit team leader to highlight overall audit results can be reliable audit conclusions in a
“Noteworthy Efforts” (conformities) measured quantitatively against the systematic audit process.
and “Areas for Improvement” (non- EMS Standard from a scale of 0-
conformities). Recommendations 100%. Figure 4 shows the detail Audit team members should be
should be provided by the audit team, results for each component of ISO competent with the following criteria
though they are not binding. 14001 in achieving the overall (based on ISO 19011:2002 for EMS
results in Figure 3. Auditors):
3. Post –Audit
This is mainly report writing and Responsibilities Of Auditors (a) Entry qualification – the
follow up after the submission of minimum entry qualification is
report. The report is confidential, and Environmental auditors, whether secondary education, though a
should be factual with key findings internal or external auditors, are university/college qualification is
from the audit, notably with sections professionals. As such, proper codes preferred.
on Noteworthy Efforts and Areas for of ethic or principles should be
Improvement. Recommendations for followed. (b) Qualified in specific knowledge
improvement should be included, and skills – these can be achieved
unless specifically requested to be ISO 19011: 2002 Guidelines for via university education or
excluded by the client. Quality or Environmental external training. For an
A good audit report should Management Systems Auditing states environmental management
contain the following sections: clearly the principles for auditing as systems auditor, the training
● Cover Letter noted below: syllabus should include:
● Executive Summary and ● Audit principles and
Score Sheet ● Ethical conduct: The foundation methodology
● Working Copy of professionalism. Trust, integrity, ● Management systems - ISO

● Findings from Site Inspection confidentiality and discretion are 14001 EMS Standard
● Summary of Verification essential to auditing. ● Environmental engineering

Interviews ● Fair presentation: the obligation and technology


● Conclusion and Suggestions for to report truthfully and accurately. ● Organisation’s operation and

Action Audit findings and conclusions general business process


should be accurate substantiated ● Environmental law

Depending on the contractual with facts and evidence.


requirements, usually two copies of ● Due professional care: the At least 40 hours of training is
the reports are submitted to the client, application of diligence and needed for the above courses.
with a copy extended to the auditee. judgment in auditing.
The client may pose questions after ● Independence: auditors should be (c) Environmental related work
reading the audit report, and the audit unbiased and free from conflict of experience – at least two out of
team leader must be prepared to meet interests. a total of five years for those with
the client and the auditee’s
representatives to make presentations
of the findings and to answer specific Figure 3 - Audit Score using GMP ISO 14001 Audit Scheme®
questions. Baseline EMS Audit Result for AAA Sdn Bhd
Audit Tool EMS Standard
100%
A good audit tool consists of
checklists that are accurate and
reliable so that competent auditors Areas for
using the tool and working Improvement
independently would reach similar
audit findings from evaluating the
same audit evidence. A good audit
tool should preferably have a 5-7 July 2004
qualitative or quantitative 22.7%
measurement of the audit results. GMP
ISO 14001 Audit Scheme® is one such Noteworthy
tool which has been widely used in Efforts
industries for measuring quantitatively
the audit results of environmental
management systems (EMS).

BULETIN INGENIEUR 11
cover feature

GMP ISO 14001 AUDIT SCHEME


Figure 4 - Graph on Details of Audit Score
GMP ISO 14001 AUDIT SCHEME - GRAPHICAL PRESENTATION
Audited Site : AAA Sdn Bhd Date : 5-7 July 2004
BASELINE EMS ISO 14001 AUDI T
PERFECT SCORE 100%
4.1 0.0%

4.2 33.3%
4.3.1 20.0%
4.3.2 33.3%
4.3.3 42.9%
4.3.4 0.0%`
ISO 14001 CLAUSE

4.4.1 50.0%
4.4.2 14.3%
4.4.3 33.3%
4.4.4 0.0%
4.4.5 16.7%
4.4.6 0.0%
4.4.7

4.5.1 25.0%
4.5.2 20.0%
4.5.3 37.5%
4.5.4 0.0%
4.6 0.0%
AVERAGE 22.7%

0 10 20 30 40 50 60 70 80 90 100
SCORE PERCENTAGE

Infancy Developing Maturing Advanced Desired


GMP Environmental Consultants

secondary education, and at least ● Enforce the use of environmental to grow in Malaysia. Both the public
two out of a total of four years audit through Environmental and private sectors have respective
for those with university/college Audit Regulations by the roles to play to ensure the success of
qualification. Department of Environment. environmental audit in Malaysia.
Enforcement imposed by the
(d) On-the job training and Government will increase the
experience – minimum four practice of environmental audit. REFERENCES
complete audits for a total of at ● Increase awareness on the
least of 20 days. importance and benefits of 1. Chong H.G., December 1999,
environmental audit, through Environmental Audit from the
In Malaysia, the Society of talks, training, campaigns, Perspective of A Consultant, Bengkel
Environmental Auditors Malaysia promotions and bulletins. Audit Alam Sekitar, Department of
(SEAM) was set up in 1998 to gather ● Recognise and promote Environment, Malaysia.
the environmental auditors in environmental auditors as 2. Chong H.G., March 2004,
Malaysia and to provide them with important professionals in the Environmental Audit Training
information networks regarding the development of the nation. Manual (Edition 9), GMP
development of environmental audit ● Provide incentives to Environmental Consultants,
and environmental management. organisations practicing good Malaysia.
environmental audits – this can be 3. International Organization for
Conclusion And The Way Forward done through awards and tax Standardization, 1996, ISO 14001:
incentives. Environmental Management Systems
While there are many benefits ● Train more environmental – Specification with Guidance for
and need for environmental audit, auditors to encourage the proper Use, Switzerland.
challenges still exists which must be application of environmental 4. International Organization for
resolved. Some factors that can be audit. Standardization, 2002, ISO 1901:
considered to ensure success of Guidelines for quality and/or
environmental audit in Malaysia There are tremendous environmental management systems
are: opportunities for environmental audit auditing, Switzerland. BEM

BULETIN INGENIEUR 12
cover feature
Holistic Approach To
Urban Storm-Water
Pollution Management
By Ir. Prof. Dr. Ruslan Hassan, Environmental Research Centre, Universiti Teknologi MARA

Much work is needed in restoring


the physical, chemical and
biological integrity of the
country’s water. For far too long
the emphasis on water quality
control has been on point sources
of pollution with organic
pollution being the major type of
pollution being monitored. The
receiving streams seem to be not
getting better despite the
numerous efforts. Many streams
still had water quality problems
that did not allow them to
support even partial designated
use because they were impaired
by non-point sources with wet-
weather runoff as the main water
pollution problem. This paper
deals with the application of the Plate 1: The Urban
holistic systems approach to the Environment with
urban water systems. The three Squatters and Flood
main strategies: watershed based Problems
planning, pollution prevention,
and management, and increased
individual and collective
responsibility are briefly discussed.
Finally, some recommendations
are forwarded to address the issue
of non-point pollution from
storm runoff.

O
ne of the essential elements The World Resources Institute notes pollution as more serious than any
of sustainable development that such economic policies around other environmental problems, and
is recognition of the the world have. “... create [d] the they also express concerns about
economic value of illusion of economic development, drinking water supplies.
environmental resources. For years we when in fact national wealth is being Integrated water management
have calculated the gross national destroyed.’ Understanding the true calls for a water system to be treated
product on the basis of production or long-term value of the environment as a single, cohesive system in which
harvest only. It is as though we builds support naturally for the uses and functions of water are
exclude the value of land and sustainable development to preserve linked to the source, quality, and
equipment from the estates’ net worth, the country. Public opinions now quantity of water available. Within a
or remove the manufacturing plants seem sympathetic to environmental water system, such as an ocean, lake,
from the car producer’s balance sheet. concerns and they see that water river, stream, or wetland, there are

BULETIN INGENIEUR 13
cover feature

four basic elements: groundwater, problems revolve around crucial surface runoff and drainage. The
surface water, and water quantity and issues far beyond the water runoff from just the urban and
water quality. The interaction between profession. The influence of humans industrial areas typically possesses
these elements affects the entire water on the water cycle is a function of pollutant concentrations rivaling
system. Water systems are a demographic development, cultural those of the industrial wastewater
functional component of nature, heritage, economic distribution, and discharges; as much as 30 % of water
urban areas, industry, agricultural social circumstances. The problems of pollution streams can come from
production and recreation. pollution are related to the very roots storm-water discharges.
of society in the broadest and most Potential pollutants such as
HOLISTIC APPROACH basic sense. vegetation, that makes up to 80% of
the non-particulate solids in runoff,
A holistic approach considers Laws and Legislation are still looked on as ‘natural
human health, water supply and Most water related laws in material’, that belongs in the
ecological concerns. There is a Malaysia were enacted a long time landscape and mistakenly by
management, pollution prevention ago (Water Act 1920) when water extension in the drainage system.
and increased individual and could still be regarded as being Leaf litter is not at all natural in the
collective responsibility for protecting plentiful in supply. The ies that reach urban drainage
water resources. The natural flow of responsibilities for water pollution systems. Under natural processes the
the water cycle calls for a holistic control are shared in unclear terms vast majority of the material remains
approach to restoring water quality. between Federal and State agencies in the forest floor layer, holding
Water resources are sufficiently with overlapping legislation. Water runoff for slow release and gradually
threatened to demand analysis of all pollution issues are currently decaying to return nutrients to the
related problems. distributed among the State, Federal soil. However, now many drop leaves
The holistic approach views the and Concurrent Lists; ‘Factories’ are onto roofs, paved areas and
parts of the urban wastewater systems enumerated in the Federal List, ‘Public manicured lawns. They are washed
- surface runoff, wastewater flow in Health’ is listed in the Concurrent List, into drainage systems where they can
the pipes and through the treatment and ‘Water’, ‘Rivers’ and ‘Public deplete oxygen in waterways and
plant, and receiving water, for Nuisances’ are in the State list. Under create odours and water soluble
example as one entity. In the past, conditions such as this, it is legally compounds that impact on aquatic
these elements were interpreted as difficult to directly impose a national life.
being separate pieces having fixed standard for water quality control and Litter is unsightly, environmentally
boundaries. Using the approach, the management. damaging and can cause blockages
risk of floods could be decreased, the to stormwater management systems.
system’s pollution load on the NON-POINT SOURCES For instance, drink cans made of
environment during rain could be OF POLLUTION aluminium are chemically reactive,
minimised, and engineers could highly toxic in some phases and
achieve better operational control Although storm-water quality is may degrade in the low pH of
using computer simulations and real- highly variable, mean storm-water anaerobic zones. Medical and
time control. conditions can be evaluated to sanitary waste and glass bottles,
To solve water pollution problem, determine key differences between usually in fragments, are a
management concepts must reflect typical storm-water and river water hazardous feature of bottom muds.
this approach. When analysed with a (Paulson, 1993). The storm-water here A high proportion of all litter, sinks
holistic approach, water management is defined as the storm-water runoff, to the bed where it binds the surface

Plate 2: Solid wastes in river water Plate 3: Dead fish in a river

BULETIN INGENIEUR 14
cover feature
pollutant traps for an urban area such
trends are indicated as shown in the
Figure 1 below.
It was found that constituents with
higher concentrations in storm-water
than in average river water (non-
storm event) included suspended
solids (three to six times) dissolved
organic carbon (three to five times);
ammonia (five to 20 times), dissolved
phosphorus (ten to 100 times) and
metals, including manganese, iron,
copper, lead and zinc (five to 50
times). The pH conditions for storm-
water and river water were generally
similar.
There were two separate incidents
causing water supply companies in
UK to notify the customers to boil
Plate 4(a) : A river always receives the brunt their drinking water following
unexpected increase in the cases of
Cryptosporidiosis (Ruslan, 1997). The
Crypto organism was discovered in
water samples following a special
programme of testing carried out by
the water company in cooperation
with the local health authority. The
protozoan ingested as an oocyst and
excreted in the faeces is usually
overlooked and not identified. Their
transmission from host to host by the
faecal-oral route suggests the
possibility of waterborne
transmission. Crptosporidium, found
in farm animals (cattle, goats, dogs,
pigs and cats) excrement is usually
passed from animals into the land and
then washed into the waterways.
A study conducted by Quek (1998)
Plate 4(b) : The estuary becomes the final of development destination of rivers. revealed that the levels of pollutants
entering the Putrajaya lakes were high
in Total Phosphorus(TP), Total
or becomes embedded in sediments,
to disrupt the activity of bottom
dwellers.
Plastics now dominate the
stormwater litter stream and can take
over a century to decompose. If an
aquatic animal dies after swallowing
plastics, it decomposes long before the
litter, which floats on to threaten more
animals. Polystyrene also floats down
stormwater drains and into the sea. It
can lodge in gills and obstruct the
guts of susceptible species.

Litter Composition
Plastics now dominate the
stormwater litter stream and likely to
remain so if present lifestyles and
attitudes are maintained. In gross Figure 1: Representative Litter trapped in urban Storm-Water Drains

BULETIN INGENIEUR 15
cover feature

Nitrogen (TN), ammonia, BOD5, total were changes in water quality rather than, total metal
coliform, faecal coliform, iron, measurements such as conductivity, concentrations. Total metal
manganese and mercury. The levels suspended solids, turbidity, calcium, concentrations include several
of TP concentrations were between iron and magnesium after forms: particulates and dissolved,
0.13 and 0.18 mg/L, which are higher deforestation. Calcium, magnesium, inorganically or organically
than Class IIB standard of 0.05 mg/L. conductivity were significant and complexed (called bound), and free.
The TN concentrations ranged from parameters like total suspended solids, Bioavailability and toxicity vary
0.65 to 1.27 mg/L The land uses for turbidity and nitrate nitrogen with the form of the metal. The most
the upstream catchments include exceeded the stipulated standards. bio-available forms that are toxic to
colleges, institutions, golf courses, In the absence of sufficient data aquatic life are free metals and some
farming and agricultural. on metal form and toxicity, total weak inorganic complexes. Metals in
From the Sungai Tekam concentrations provide a conservative the environment, particularly in
Experimental Basin 1986 study measure. Class B criteria are more storm-water runoff, are usually
(Ruslan, 2000), it was found that there appropriately applied to dissolved, present in particulate and strongly
complexed (organic) forms, with only
a small fraction of the total metal
concentration being bio-available.

Impact To The Environment


and Health
A polluted river that flows
through a river basin indicates that
the ecology of the river basin is
disrupted arising from improper land
management which results in
pollutants being released to the river
and ultimately ending up in the sea.
Relatively modest increases in the
concentration of nitrogen and
phosphorus may be sufficient to
trigger algal blooms as a consequent
of eutrophication. In addition to
being unsightly and smelly, masses
of blue green algae can literally
choke the life out of a lake or pond.
The large concentrations of algae
Plate 5 (a) : Siltation/Sedimentation Basin built up, respire and decompose dead
algal cells causing lakes to be devoid
of fish.
The Cryptosporidiosis is an
infection, which produces immuno-
competent humans, a self-limited flu
like gastrointestinal illness that
resolves spontaneously in one to four
weeks. In immuno-compromised
patients, Cryptosporidiosis may
produce severe and prolonged
diarrhoea for which there is no
chemotherapy contributing to
mortality.
The toxicity of copper though
typically present in the least amount
in storm-water (order of 10-7M) is the
most toxic to aquatic life followed
by zinc and lead. But because of the
higher concentrations of zinc (10-6
M) and together with the addition of
larger dissolved and bio-available
fractions, metal toxicity from zinc
may be more significant than copper
Plate 5(b): Turfed Slope of more than 50mm thickness (BMPs) and lead.

BULETIN INGENIEUR 16
cover feature
STORM WATER MANAGEMENT strategy for controlling runoff from control but to educate the industries
urban areas. on proper waste management
The overall goal of storm-water Despite education, awareness and through site visits and mailing of
management programme is to reduce street cleaning programmes, large information to encourage them to
the discharges of pollutants. Although amounts of gross pollutants are keep contaminants out of the storm
these discharges are dependent on the reaching and degrading waterways. drains.
wills of Nature, society must believe For reducing gross pollutants impacts,
in the vision that we should live in some steps include: Increased Individual And
harmony with healthy natural Collective Responsibility
systems. Much work is needed in ● Preventive measure (education Protecting water resources will
restoring the physical, chemical, and and awareness) including drain succeed only if citizens adopt a
biological integrity of the country’s labeling. Working with heightened sense of responsibility.
waters. The holistic approach applied manufacturers to reduce Each member of the society should
will have to be guided by three packaging and encouraging contribute to the cleanup costs and
strategies: watershed-based planning, recycling. pollution prevention relative to their
pollution prevention and increased ● Removal of gross pollutants (street contribution to the pollution.
individual and collective cleaning). Education, incentives, and regulation
responsibility for the protection of ● Capture of gross pollutants in the will encourage responsible
water resources. drainage system. behaviour. Environmental education
● Bio-remediation of pollutants plays an important role in educating
Watershed-Based Planning (mainly applicable to nutrients and the public and industries. It is from
And Management heavy metals). environmental education that helps
● Remedial clean-up methods. build demand from the public on
Watersheds are the logical what industries they prefer. It is also
hydrological unit within which to Before a particular stormwater from environmental education that
plan, implement and evaluate treatment technique or treatment train the population will learn to
pollution prevention efforts. Although can be determined, characteristics of understand the concept of
water is a State matter, nature does the catchment area, objectives for the conservation and be able to apply
not recognise political and state receiving waters, soil and simple conservation measures in
boundaries. groundwater requirements have to be their daily lives.
Water resources must be managed considered. For storm water pollution
to sustain environmental values and Storm-water runoff from prevention plan management in an
the health of the economy. Water commercial-residential will generally organisation, it is critical that
resource protection efforts should decrease the water quality in the employees become familiar with it.
focus on environmental results within receiving waters. To ensure that The better the training given to the
appropriate hydrologic units or contaminants in the runoff will not employees, the more successful the
watersheds. Statewide watershed exceed pre-determined levels, a storm-water management
planning and management must be source control programme with the programme will be. In time, training
implemented which includes the following objectives should be carried will benefit both the industry and
implementation of agricultural best out.: community as well.
management practices to improve the Under the programme, all
water quality in a given watershed. ● Identify and correct illegal employees need to be informed of
Management plans should be connections to the storm-water the components and goals of their
developed to set priorities regarding drainage systems employer’s storm-water prevention
resource allocation and minimum ● Identify business activities that plan, which must include:
operating standards for various might contribute pollutants to the
sources of impairment in the storm drains and work with those ● A pollution prevention committee
watershed. businesses to control the release ● A risk assessment/material
of those pollutants inventory
Pollution Prevention ● Reduce the likelihood of accidental ● A preventive maintenance
Society will generate less pollution spills of chemical or petroleum programme
if it reduces its consumption of products by encouraging spills ● Spill prevention and response
resources and recycles these materials. control practices; and procedure
In addition, pollution prevention will ● Increase the industries operators ● A storm-water management
be enhanced by including several awareness of the link between programme
measures, which promotes continuous their activities and the ● A sediment and erosion control
improvement in pollution prevention introduction of contaminants into plan
from agriculture, manufacturing, land storm drains ● Employee training programmes
development, energy, transportation, ● Visual inspections
commercial activity and household. The source control programme ● Record keeping and internal
Prevention is an especially important must not be a typical command and reporting procedures

BULETIN INGENIEUR 17
cover feature

A comprehensive planning requirements, which address the RECOMMENDATIONS


process that will involve public unique nature of storm-water, will
participation must be included in a
storm-water management plan. The
process may be imposed on a system-
require time to develop.
The overall goal of storm-water
management programme is to reduce
1 Policies and programmes should
adopt a holistic resource
protection perspective, taking into
wide, watershed, or jurisdiction basis the discharge of pollutants. A account the interconnections of
or on individual outfall. In addition, framework such as product life cycle quality and quantity of surface water,
where necessary, there will also be allows a systematic approach to groundwater, and aquatic and related
interstate coordination to reduce the pollution prevention that considers land resources.
discharge of pollutants from the each stage in the life of product from
system to the maximum extent
practicable, as well as control
techniques, system design and
raw materials to finished product, use,
resource recovery and disposal.
Analysing a product in terms of its
2 Every water environment project
requires participation by the
beneficiaries, as well as the
engineering methods, and other life cycle helps identify environmental benefactors. A programme to educate
provisions as appropriate. impact and risks associated with its the community on the benefits of
manufacture and use. source control for reducing the
DISCUSSION Reducing pollution at the source impairments of receiving water by
entails a change in traditional storm-water runoff must be
The great diversity of storm-water business and management incorporated in the storm-water
discharges and their associated impact approaches. Education of future management plan.
is a key problem, which complicates business managers will focus on
the assessment and control. Storm-
water varies according to geography,
duration and intensity of the storm
changing attitudes and values in such
a way that makes it easier for them
to factor pollution prevention
3 Programmes to protect water
resources should include a mix
of voluntary and mandatory
event, ambient environmental considerations into their decision approaches, and
conditions along the course of storm- making. A key element of the
water runoff, and the conditions of
receiving waters impacted by the
runoff. Because this inherent
management plan with the goal of
reducing the discharge of pollutants
is public participation, which must
4 All levels of Government and the
private sector have a role in
working together to plan water use,
variability makes it difficult to define include extensive public education conservation and protection with the
‘standard’ or ‘typical’ storm-water activities to assist communities in level of Government most appropriate
discharges, or to develop standardised understanding the importance of this to the problem principally responsible
impact assessments. The authority programme and their impact on it. for the solution.
should establish a range of conditions,
rather than a single means of CONCLUSION
assessment. This would allow for more REFERENCES
realistic assessment of variable storm- A holistic approach considers
water discharges and help ensure that human health, water supply and Drainage and Irrigation Dept.: (1986).
storm-water control programmes ecological concerns. Even if the point Sungai Tekam Experimental Basin: Final
reflect the actual nature of the source of pollution has been Report, July 1977 - June 1986.
problem. controlled or completely eliminated,
To assess storm-water impact, the it will be dwarfed by the non-point Paulson, C. and G. Amy: (1993).
authority should not rely on existing pollution. Approaches to water Regulating Metal Toxicity in Storm-water,
water quality assessment criteria and resource protection must emphasise Water Environment & Technology, pp.
the techniques designed to measure avoiding or minimising pollution and 44 - 49, Water Environment Federation.
problems associated with source degradation rather than
conventional municipal and industrial mitigating the effects of releasing Quek, K.H. (1998): Water Quality
discharges. Unlike storm-water pollutants into or disturbing Monitoring and Evaluation Programme
discharges, these conventional ecosystem. Water resource protection for Putra Jaya Lake and Wetlands.
discharges are qualitatively and efforts should focus on environmental Proceedings: Seminar on Putrajaya Lake
quantitatively predictable and usually results within the appropriate Water Quality Management, MARDI,
occur in locations where monitoring hydrologic units or watersheds, with Seremban.
equipment can be easily sited. success and failure in attaining water
Ruslan Hassan: (1997). UK hit by Crypto
Techniques that can take into account resources goals regularly reported to
Outbreaks: Are We Ready? No. 7, Jurutera,
the characteristics of the receiving the public. In general, controlling wet
Bulletin of the Institution of Engineers
water after the storm event, that is, weather runoff remains a high
(IEM).
increased stream-flow and short-term priority. While the sources may be
acute discharges of toxic should be familiar or simple to understand, the
Ruslan Hassan: (2000). Environmental
used for assessing storm water solutions are complex. It requires best
Pollution: Assessment and Management,
impacts. Scientifically valid and management practices and controls Univision Press, p.200. BEM
defensible monitoring and control at critical overflow points.

BULETIN INGENIEUR 18
cover feature
Economic Approaches In
Addressing Environmental Issues
By Y.M. Raja Dato’ Zaharaton bt. Raja Zainal Abidin, Director General of the Economic Planning Unit,
Prime Minister’s Department

G
iven the rate of Malaysia’s In the case of Malaysia, the to explore in detail the
economic growth in the Government pronounced in recent implementation of EIs in various
past 30 years, and the fast years that EIs would be used as a areas, and the results and lessons
pace by which our society policy tool to supplement and learned have been documented in a
is developing, the magnitude and complement existing command and handbook (see www.epu.jpm.my).
array of environmental problems are control measures in addressing
becoming more complex and environmental issues. For instance, What is an Economic Instrument?
challenging. Although the natural the Third Outline Perspective Plan
environment has certain ameliorative (OPP3) and the Eighth Malaysia Plan Traditionally, people see
properties, the pace of change has (8MP) have stated: environmental resources such as
been so rapid that their carrying water, land, air as a public good, free
capacities might soon be exceeded if OPP3: The Government will continue of charge, which can be used without
left unchecked, and raise issues of to implement the Polluters Pay having to be paid for. This attitude
sustainability. At the core of these Principle, and intensify enforcement often results in overuse and even
problems lie social attitudes and efforts to ensure that environmental abuse, contributing to pollution and
customary practices that have treated laws and regulations are complied environmental degradation, which
environmental conditions as if it were with. However, these measures will will affect human health and
an unlimited resource, a free good, be complemented by the use of economic growth. Usually, when the
or something that could renew itself. innovative economic and tax Government wants to regulate the use
Increasingly, that is no longer the instruments, including the removal of of these resources, it introduces a law
case. distortions and barriers that impede or regulation. However, enforcing
Laws and enforcement by the efforts in improving laws usually demands huge
themselves no longer can ensure that environmental quality and optimal manpower resources and is often
environmental resources are used in natural resource use. costly to administer. Hence, the
a sustainable manner if the core attraction of an alternative or
concern is merely cost-effectiveness. 8MP: Efforts will also be channelled supplementary approach that uses the
New approaches and methodologies, at promoting environmental market as a means to control
which are more effective and more performance measurements and “polluting” behaviour and
efficient, are required to deal with market-based instruments as well as consequently regulate pollution.
environmental issues. Many engaging communities in addressing Simply put, EIs are market-based
developed countries have resorted to environmental and natural resources mechanisms that are designed to
using economic instruments (EIs) to issues.” In addition it states, … influence people’s behaviour. For
an increasing extent to address increasing the use of fiscal policy in instance, incentives (e.g. subsidies)
environmental issues. Economic pursuit of environmental objectives reward desired behaviour; similarly,
approaches are based on the premise and promoting the use of appropriate disincentives (e.g. taxes) penalise
that those who pollute should pay for market-based instruments and self- undesired behaviour. In principle, EIs
cleaning up the mess generated. The regulatory measures among attempt to ensure the polluter pays
idea being that by doing so, we industries. for the environmental mess that they
provide an “incentive” to the polluter have created or caused.
to pollute less, as consequently, they It is within this policy context that The main premise of the concept
will pay less. This is commonly the Economic Planning Unit (EPU) of EIs is that a change in prices will
referred to as the polluter pays undertook a three-year study with cause consumers and producers to
principle. It must be underlined, technical assistance provided by the modify their consumption or
however, that based on experience of Danish International Development production behaviour. Therefore, EIs
the developed countries, EIs are Assistance (DANIDA) programme, to can help to integrate environmental
usually only successful, if look into the feasibility of introducing considerations into economic policies,
implemented as tools to complement EIs in Malaysia. Several thus promoting sustainable
and support existing legislation. demonstration projects were launched development and thereby improving

BULETIN INGENIEUR 19
cover feature

the quality of life. EIs have been behaviour or attitudes towards the based on international experience, as
shown to have the following environment. Some types of well as lessons drawn from the
advantages: instruments are presented in Table 1, demonstration projects conducted in
along with some Malaysian case Malaysia over the past three years.
● Help change consuming and problems that were part of the
producing behaviour towards a demonstration projects as Challenges In Implementing EIs
more sustainable use of resources; documented in the EI Handbook.
● Encourage economic efficiency Usually, there are several types of There are many challenges to
and productivity; options available that can be implementing EIs in Malaysia. High
● Adaptable to specific issues; and incorporated into various sectors to on the list is the issue of awareness
● Reduce bureaucracy required for achieve the desired behaviour effects. of the potential of this innovative tool
enforcement approaches. by all, be they Government officers,
Framework For Developing EIs the corporate sector, professionals and
Different Types Of EIs especially the public. They have to
In order to effectively implement an be convinced not only that the new
An economic instrument for economic instrument, it needs to be approach works, but that it is
environmental management is well designed with the input of inherently fair, as it aspires only to
normally directed at a specific relevant stakeholders or interested make the polluter pay, and attempts
environmental problem, and parties. Figure 1 illustrates a roadmap to address the perennial “free-rider”
essentially targeting a change in for developing and designing an EI problem.

Table 1: Economic instruments in environmental protection

Category Types Demonstration Projects


in Malaysia

Taxes, charges, cess, Charges and taxes are imposed on products Cess for pesticides
user fees or activities to change behaviour. Charges
are payments for the use of resources, Cess for lubricant waste oil
infrastructure and services. They are
collected by service providers (or public Sales tax for tyres
agencies) to recover costs of services, as well
as to maintain the system. Taxes are
commonly used to generate revenue for
general use, and to achieve equity goals. A
cess is a tax that is collected for a specific
purpose.

Subsidies and incentives; fiscal These include subsidies, grants, soft loans Incentives for recycling, such as old
incentives/allowances; grants/ and fiscal incentives that are used to newspapers, bottles
funds for environmental encourage compliance with environmental
development objectives and to promote the use of
technology, products, or resources that are
less damaging to the environment.

Deposit Refund (D-R) System This D-R system is meant to encourage the Deposit refund scheme for pesticides
return of a recyclable item to the
manufacturer.

Performance Bond Advance payment as a guarantee that Used in the mining industry to
manufacturing and developing conditions persuade miners to restore the land
are met. after they have been mined

Market creation Applied to resources that are difficult to


● Emissions trading divide physically and extend beyond local
boundaries, such as air, water and fishery.
By limiting these rights, and devising a
mechanism for the trading of these rights, a
market is created that will price these rights.

Voluntary actions initiated by industry,


● Voluntary initiatives; mainly in the form of information disclosure Several timber certification cases tested
eco-labelling; such as eco-labelling, energy efficiency and adopted
recognition schemes performance rating, recognition schemes
and environmental reporting.

BULETIN INGENIEUR 20
cover feature
Procedural Framework Output

Define Problem Draft terms of reference


for Consultant
Establish
Working Group

- Review Current Practises


Economic Analysis - Conduct Rapid Assessment Survey Background Paper
- Research how industry/market operates

Develop Options Option Paper

Design Instrument

Finalise - Legal Review Proposal to Ministry/


- Institutional Review
Recommendation Gov. Agency

Pilot Project Formalise - Consultative Process (Ministry-Level) Desicion/Approval


- Submit to National Development Planning
Decision Committee via EPU by Cabinet

- Announcement
Implementation - Supervision
- Calculation
- Collecton
- Control
- Sanction

Evaluation Evaluation Report

Figure 1. Framework to develop and design an economic instrument

In particular, the Malaysian it should close the loop so that there effectiveness of protection and
public’s understanding of the cost of are no ways to escape from the conservation of scarce environmental
environmental protection needs to be intended burden of taxes and charges. resources, many of which are under
enhanced. In this regard, the All these measures would require threat. The Government cannot do
importance of transparency in continuous efforts to build awareness, this without co-operation and help
implementing new taxes, cess, user capacity and understanding of all from the public, industry, and the
charges or fees must be ensured stakeholders of how the “newly” many professionals involved in
justified in order to reduce objection created “environment” market development, who would be in a
to its implementation. People must operates, analysis of the environmental good position to ascertain the
understand why they are paying this and economic effects of unmitigated timeliness and efficacy of
kind of tax or additional charge, and “bad” environmental behaviour, and introducing EIs in particular
how the revenues would be used, the benefits of taking appropriate situations. The message of these
particularly for environmental action. Furthermore, assuming that the policies is clear: polluters must pay,
abatement and mitigation of capacity has been built and agencies and those that can avoid polluting
degradation. are now ready to implement, there is activities will benefit. The natural
Having said that, the Government still the need for certain environment, as in our air, water soil
has to be sensitive to the socio- “superstructure” changes. In and land, must be given the
economic implications of the new particular, the legal and property rights necessary protection so that they can
taxes, charges and fees. Socio- framework will have to be reviewed. be used in a sustainable manner.
economic effects need to be Quite often, the environment suffers EIs are another set of tools
comprehensively analysed so that its from what economists call “a tragedy available at our disposal. Being
full ramifications are understood, and of the commons”, a situation where relatively new to Malaysia, we will
socially inappropriate effects removed property rights are poorly defined, and need to build our understanding of
from their design. enforcement requires more resources it as well as the capacity needed to
Above all, EIs must be simple to than is available. The desired change design effective and fair EIs. The
implement. Taxes or charges must be is to attain the situation whereby the challenges are many, but as shown
easy to collect, preferably from as few cost of environmental degradation is by the demonstration projects, EIs
sources as possible. It must cost less internalised. can be adapted to apply to the
to collect than the revenue it generates. Malaysian situation and hopefully
An audit trail must be designed along CONCLUSION these initiatives will encourage
with a system for adjudication to greater use of this efficient tool in
enable complaints to be handled The Government has initiated addressing environmental issues in
efficiently and judiciously. In addition, work on EIs in order to increase the Malaysia. BEM

BULETIN INGENIEUR 21
engineering & law

Suspension
Water ResourcesOfManagement
Work: In
Malaysia
An – The Way Forward
Overview
By Ir. Harbans Singh K.S., BE (Mec) S’pore, P.E., C. Eng,
LLB (Hons) London, CLP, DiplCArb

S
uspension represents a contingency that can be Drawing upon the above definitions, it can be concluded
made available to both parties to the contract in that the word ‘suspension’ entails the following meanings
certain defined situations whereby the progress and consequences within its ambit:
of the work can be temporarily halted. The
reasons for such freezing of rights and obligations under ● By suspending the works under the contract, the parties
the contract are many and are furthermore dependent upon merely stop or cease all work related activities on a
the identity of the particular party invoking the said temporary basis. The contract, inclusive of all rights
mechanism. In practice, the common grounds giving rise and obligations thereunder, however subsists during
to suspension vary from issues connected with financial the period of suspension;
matters 2 at one end of the spectrum to the vagaries of the
weather at the other end. Despite its importance in the ● In a similar vein, by suspending the contract itself there
implementation of a typical contract, little or no emphasis is a moratorium on all facets, rights and obligations
has been placed by local drafters of conditions of contract under the contract inclusive of the performance of all
3
to expressly empower the parties to exercise the right of work related activities. In essence, the ‘suspension of
suspension. Even where prudent draftspersons have the contract’ is, prima facie, wider in scope and effect
envisaged its application, such rights are usually one- than the limited ‘suspension of works’ under the
sided i.e. permitting only the employer and not the contract only; and
contractor to invoke such a remedy. Perhaps it is timely
for the engineering/construction industry to give due ● The alternative description of ‘postponing’ works or
recognition to the above-mentioned contingency by the contract has fundamentally a similar meaning and
incorporating express stipulations vis-à-vis the subject effect as suspension. It involves either the ‘works’ or
at hand; a move that definitely will not stultify but on the rights and obligations of the respective parties being
the contrary will auger well for the balancing of the rights held in abeyance for the period of suspension.
between the parties. In Malaysia, such a shift in thinking
is reflected in some standard forms, such as the CIDB
Standard Form of Building Contract (2000 Edition) 4, the SUSPENSION: PRINCIPAL TYPES
Putrajaya Conditions of Main Contract 5 and the IEM.ME
1/94 Forms 6. However, it is necessary to take the exercise Logically, both the parties to the contract should be
one step further by affording all parties to the contract able to exercise the power of suspension, if and when
reciprocal rights to the like effect. necessary. This is subject to the express terms of the
agreement that they have entered into. Hence, in the
engineering/construction industry, the parties who may
MEANING OF SUSPENSION be vested with such powers include the employers, main
contractors, sub-contractors, suppliers and the like.
Synonymous with the term ‘postponement’, suspension
has been variously defined in different texts; some
common dictionary examples are listed hereunder:

7
● The Longman Dictionary of Contemporary English
1. Director, HSH Consult Sdn. Bhd.
holds the word ‘suspension’ to mean:
2. See Channel Tunnel Group Ltd. v Balfour Beatty Con-
struction Ltd. & Others [1992] 2 All ER 609, [1993] 32
‘…. the act of officially stopping something from Con LR1.
continuing for a period of time ….’ 3. Including the standard forms
4. Clause 19
● Mozley and Whiteley’s Law Dictionary ascribes a rather 5. Clause 58.0
concise meaning 8 as reflected herebelow: 6. Clause 29
7. At P 1453
‘…. a temporary stop or cessation of a ……. right’ 8. 9th Edn. by J.B. Saunders at P 332.

BULETIN INGENIEUR 24
engineering & law

In the context of an ‘employer-main contractor’ The consequences of the abovementioned general rule
agreement the main types of suspension that can be include, inter alia, the following:
encountered in practice include, inter alia, the following:
● The employer does not have a power to order the
A. Employer Ordered Suspension contractor to suspend work under the contract unless
there is an express term in the contract empowering
This species of suspension represents the bulk of him so to do 12;
the suspensions effected in the industry as express
provisions permitting their realization are not only ● Likewise, a contractor cannot suspend work under
included in standard forms of conditions of contract the contract if he so desires in the absence of an
but also enshrined in the many ‘bespoke’ forms used. express provision permitting him to do so. The
Channel Tunnel Group Ltd. v Balfour Beatty
B. Contractor Invoked Suspension Construction Ltd. & Others 13;

In the local context, though rarely practiced in ● Should the contractor proceed with the suspension
agreements employing the standard forms of conditions of work, this may constitute a breach of contract on
of contract, its usage in projects involving larger his part e.g. in failing to proceed ‘regularly and
institutional employers utilising ‘bespoke’ forms of diligently’ with the work: Canterbury Pipelines Ltd. v
conditions of contract is slowly increasing in frequency. Christchurch Drainage Board 14. Such a breach may
further entitle the employer to determine the
C. Contractor Requested Suspension contractor’s employment provided there is an express
term making provision for the same and the said
More commonly seen in agreements where only ground is one of the default’s stipulated therein e.g.
the employer is given the power to suspend works e.g. clause 25.1(i) and (ii) PAM ‘98 Forms (With and
‘package deal’ types of contracts, nominated sub- Without Quantities) Editions;
contracts, etc., under this species of suspension, either
the contract provisions expressly permit the contractor ● There must be actual and not just a virtual suspension
to request the contract administrator to allow works of work: JM Hill & Sons Ltd. v Camden LBC 15.
to be suspended on particular grounds e.g. need to Furthermore, a mere threat to suspend work has been
reassess the design, adverse weather affecting quality/ held on the facts not to constitute a repudiatory breach
safety of work, etc. or the contractor persuades the of contract: F. Treveling & Co. Ltd. v Simplex Time
contract administrator to order suspension ‘for the Record Co. (UK) Ltd. 16; and
proper construction and completion of the works’ 9.
● In situations, where the contractor desires to respond
D. Constructive Suspension appropriately to the employer’s alleged defaults e.g.
failure to pay on interim certificates, etc. in the
Strictly, this applies where any act or omission of absence of express provisions permitting him to
the employer has the effect of impliedly halting the suspend works, other than arbitration and/or
contractor from undertaking his obligations or litigation, the only option he may have is to determine
suspending the works for an unreasonable time 10. A his employment under the contract: DR. Bradley (Cable
local example of this is clause 29.1 of the IEM.ME 1/ Jointing) Ltd. v Jefco Mechanical Services 17. This
94 Form where the contractor is deemed to be instructed matter was further explored in the New Zealand case
to suspend work if he is prevented by the engineer
from delivering or erecting Plant in accordance with
the programme.
9. See ‘The ICE Design and Construct Contract: A Commentary’
GENERAL RULE ON SUSPENSION by. B. Eggleston at P 235.
10. See ‘Law and Practice of Construction Contract Claims’ by
Chow Kok Fong at P 170.
It is trite law that unless there is an express term
11. See also ‘100 Contractual Problems and Their Solutions’ by
permitting suspension enshrined in the contract, parties do R. Knowles at P 87. See also Kah Seng Construction Sdn.
not have a right to either: Bhd. v Selsin Development Sdn. Bhd. [1997] 1 CLJ Supp. 448.
12. See ‘An Engineering Contract Dictionary’ by Vincent
● Suspend work under the contract, or Powell-Smith at P 546.
13. [1992] 2 All ER 609, [1993] 32 Con LR 1.
● Order work to be so suspended 14. [1979] 16 BLR 76.
15. [1980] 18 BLR 31
Hence, in essence, there is no right at common law to 16. [1981] Unreported.
effect the above 11. The only other permissible way to effect 17. [1989] Unreported. See also Kah Seng Construction Sdn.
suspension is by the variation of the contract through Bhd. v Selsin Development Sdn. Bhd. [1997] 1 CLJ Supp.
mutual consent. 448.

BULETIN INGENIEUR 26
engineering & law
of Canterbury Pipelines Ltd. v The Christchurch suspension of the works. The contractor has no similar
Drainage Board where the court of appeal stated: 18 rights although under sub-clause 29.1 of the IEM.ME
1/94 Form, the contractor has a limited avenue of
‘In such cases, if the contractor cannot or does not suspension under the so called ‘deemed’ or
wish to rescind and cannot prove impossibility or its ‘constructive’ suspension provision. However, even
equivalent, he will be left with whatever remedies the latter is of very restricted nature and application;
regarding the recovery progress payment may be
available to him under the contract’. ● The common express provisions as listed hereabove
essentially encompass the following facets of the
In view of the above judicial pronouncements spelling suspension mechanism:
out the court’s approach to this matter, the issue of
suspension must be handled with due circumspect and 1. The power of the contract administrator to order
vigilance. suspension;

EXPRESS CONTRACTUAL PROVISIONS 2. The circumstances or situations in which such


power can be exercised;
General
3. The formalities pertaining to the ordering of the
From the foregoing discussion it is apparent that most suspensions;
standard forms of conditions of contract make no provision
whatsoever for the eventuality of suspension, 4. The procedural requirements vis-à-vis issues
concentrating instead on determination or termination of consequent to the suspension such as
employment. Only as of recent have the newer standard responsibilities of the contractor, cost and time
forms attempted to specifically incorporate suitably drafted implications, effect of prolonged suspension and
clauses to cater for the suspension of works; notable resumption of work following suspension.
examples of which are as listed herebelow.
5. Miscellaneous formalities and procedural
● CIDB Standard Form of Contract For Building Works requirements.
(2000 Edition): The main provision is clause 19 entitled
‘Suspension’. ● Prima facie, the said express provisions give the
contract administrator an apparently wide or
● IEM.ME 1/94 Form for Mechanical and Electrical unfettered power to order suspension of work in terms
Works: The applicable express provision is clause 29: of scope, timing and manner.
Suspension of Works, Delivery or Erection.
● The duty of compliance to a properly issued or
● PUTRAJAYA Conditions of Main Contract: Under the contractually valid suspension order is on the
instant form, the issue of suspension is dealt with contractor; and
vide clause 58.0 19.
● The form of the suspension order is envisaged to be
Comments on the Provisions in an express mode i.e. through a formal instruction
issued by the contract administrator. However, the
Cognisance should be taken of the following matters IEM.ME 1/94 Form vide sub-clause 29.1 makes
pertaining to the express contractual provisions: provision for the so called ‘deemed’ suspension order
in the limited circumstances spelt out in that sub-
● Except for clause 19 CIDB Form (2000 Edition), clause clause. However, such a mode is unique only to the
29 IEM.ME 1/94 Form and clause 58.0 Putrajaya said IEM Form.
Conditions of Main Contract, the rest of the common
local standard forms of conditions of contract e.g.
the JKR Forms, the PAM ‘98 Forms, the IEM.CE 1/89 PRINCIPAL PURPOSES FOR SUSPENSION
and CES 1/90 Forms, the Putrajaya Conditions of
Nominated Sub-Contracts, etc. have no express General
contractual provisions covering the issue of
suspension. Hence, for the latter forms neither the Contrary to popular belief, suspension is, and remains
employer has an express power to order suspension a convenient mechanism at the disposal of the contracting
nor the contractor the right to suspend works under parties to address specific issues during the currency of
the contract; the contract without incurring liability for breaching the
contract in any way. In most instances, suspension affords
● Even where express stipulations have been enshrined
in the conditions of contract, it is obvious that these
are blatantly one-sided i.e. they are intended to 18. [1979] 16 BLR 78.
empower only the employer to suspend or order 19. Entitled ‘Suspension of Works’.

BULETIN INGENIEUR 27
engineering & law

the parties the necessary opportunity to take a ‘breather’ ● Site safety considerations;
i.e. freeze the contract or hold it in abeyance whilst
reflecting upon or reassessing particular issues before ● Unforeseen conditions encountered;
resuming or restarting the contract with the benefit
obtained therefrom. ● Unexpected restrictions imposed on the works;

The necessity for such an eventuality arises in most ● Pre-planned closures; and
contracts either by chance or by design. Specific
problems occurring during the progress of the works ● Changes in authority requirements and/or legislative
e.g. the breakdown of the contractor’s quality assurance requirements.
system, the reassessment of the design by the
consultants, etc. may compel a suspension to be A more compelling reason of late is the financial
effected. Factors beyond the parties’ control e.g. difficulty faced by employers in terms of temporary lack
governmental policy changes, legislative amendments, of funds or cash flow problems. Though prima facie, a
etc. may on other occasions trigger a requirement for seemingly valid reason prompting the justification of
an appropriate postponement of rights and obligations suspension, it has been dismissed as an abuse of the said
under the contract inclusive of the progress of work. provision by many authorities. As an example, Eggleston
opines 23:
Be that as it may, in the final analysis, there are in
most contracts compelling grounds or reasons for both ‘From the clause ………. and its wording it is clearly
the employer and the contractor 20 at one time or another intended principally for practical matters relating to
to initiate or resort to the suspension of works. when and how the works are constructed and not to
Although there are in specific instances common financial matters’
reasons or grounds for effecting the same, in general
the principal purposes show marked variance between Despite the above-mentioned position, it has not
the different parties. Owing to this distinct difference, prevented employers from expressly listing temporary lack
each of the principal parties will be dealt with of funds as one of the relevant suspension events. In
separately. tandem with contractual stipulations of the like of
‘Determination by Convenience’, suspension on financial
Employer’s Purpose grounds is beginning to feature commonly in ‘bespoke’
forms on the local scene.
A review of the common express contractual
provisions 21 reveals the fact that though such Contractor’s Purpose
stipulations give the contract administrator an
apparently absolute discretion to suspend works under It is obvious that none of the common local standard
the contract as he deems necessary, the rationale behind forms of conditions of contract makes any provision
such exercise of power is not specified. Prima facie, whatsoever for the contractor to suspend works under
such clauses therefore appear one-sided and on the face the contract no matter how valid a ground he may have.
value inequitable. However, if one were to delve deeper However, this does not mean that the said deficiency
into the matter, it is apparent that there may be valid should, and has been overlooked by fair-minded
grounds for the employer to resort to suspension in practitioners inclusive of the contractors themselves. A
any particular situation. Various reasons have been good proportion of ‘bespoke’ forms afford the contractor
proffered by leading authorities 22 in the engineering/ a commensurate right to suspend works; these being
construction field to justify the employer’s invoking premised on the following principal grounds:
the instant mechanism; a summary of which is appended
herebelow: ● Failure of the employer to pay on interim certificates;

● Reassessment of the design of the works; ● Reassessment of design of works where the design
element is included in the contractor’s scope of
● Change in the employer’s requirements; work 24;

● Adverse weather conditions affecting the safety


and/or quality of the works or people engaged
thereon;
20. And the sub-contractor.
21. See hereabove.
● Breakdown of the contractor’s quality assurance 22. See ‘The ICE Design and Construct Contract: A
system; Commentary’ by B. Eggleston at P 235.
23. Ibid. Whilst dealing with clause 40 of the ICE Design and
● Contractor’s default or unsatisfactory performance; Construct Contract Conditions.
24. E.g. for works under P.C. Sum or ‘Package Deal’ types of
● Access and possession of site problems; contracts.

BULETIN INGENIEUR 28
engineering & law
● Adverse weather conditions affecting the safety and/ other forms. Presumably the suspension instruction
or quality of the works or people engaged thereon; must comply with the relevant formalities and
procedural requirements applicable to a typical
● Specific defaults of the employer or the contract instruction under the particular form of contract;
administrator 25;
● By virtue of the instruction, the contract administrator
● Site safety considerations; and is permitted to order suspension of the execution of:

● Unforeseen conditions encountered; 1. Part of the works; or


2. The whole of the works
Of the many grounds listed hereabove, failure of the
employer to effect payment remains the main reason where The above includes the suspension of the delivery of
contractors feel entitled to suspend works until the plant or equipment to site and the erection of such
employer remedies the default. This is especially so where items already delivered to site 27.
the conditions of contract do not make failure to pay a
ground for permitting the contractor to determine his ● The contract administrator may issue such instruction
employment. as and when he so desires and for such time or times
and in such manner as in his absolute discretion is
considered necessary. He does not need to give any
PROCEDURAL REQUIREMENTS reason/justification to the contractor for the exercise
of the same. Hence, the contract administrator’s power
General to order suspension appears indeterminate and
unfettered. This is subject to an implied obligation
For the suspension to be tenable at law not only must to exercise the absolute discretion bestowed on him
it comply with the substantive matters but also the on objective grounds although, prima facie, appearing
procedural requirements expressly stipulated in the purely subjective. Should the discretion be abused
contract. Otherwise it may constitute a breach of contract i.e. ordering of suspension on purely financial grounds
on the part of the party initiating the suspension with its where such grounds are not enshrined in the contract,
dire consequences. With the said proposition in mind, it the contractor has a right to mount a challenge on
is necessary to examine the procedural requirements vis- the basis of mal-administration of the contract;
à-vis the issue of suspension from the employer’s point
of view since such a remedy seems to be available only to ● The instruction to suspend work must stipulate
the latter in the applicable standard forms 26. essential matters such as the extent and nature of the
work involved and the timing for the commencement
Suspension Procedure of the suspension. In emergency situations e.g. where
safety issues are concerned, such suspension orders
Under the CIDB Form, IEM.ME 1/94 Form and may be of immediate effect. For others e.g. need to
Putrajaya Conditions of Contract, the following principal reassess design, change in employer’s requirements,
procedural requirements can be noted: etc. a reasonable notification period is usually given
28
; and
● The respective conditions of contract empower only
the contract administrator to order a suspension of ● Cognisance should be taken of the fact that the
the works. Hence, such a body would include: instruction to suspend work may not necessitate the
issue of a formal instruction at all under certain
1. The ‘Superintending Officer (S.O.)’: CIDB Form conditions of contract or in the case of ‘constructive’
suspension. As an illustration, by virtue of clause
2. The ‘Engineer’: IEM.ME 1/94 Form; and 29.1 of the IEM.ME 1/94 Form, should the engineer
prevent the contractor from delivering or erecting
3. The ‘Employer’s Representative (E.R.)’: Putrajaya Plant in accordance with his approved programme,
Conditions of Main Contract this is deemed to be considered to be an instruction
to suspend. Therefore, one should be mindful of the
It should be appreciated that none of these forms precise wording of the applicable clause and the
bestow a commensurate power on the employer
himself. Hence, he must act through the contract
administrator;
25. A good example would be the specified events in the CIDB
● The contract administrator may suspend work only Form (2000 Edition).
by means of an instruction issued formally to the 26. Furthermore, it is the most common form of suspension in
contractor. Although clause 58.01 of the Putrajaya practice.
Conditions uses the terminology of a ‘written order’, 27. See clause 29.1 IEM.ME 1/94 Form.
it essentially refers to an instruction in line with the 28. E.g. between 7 to 14 days as appropriate.

BULETIN INGENIEUR 29
engineering & law

implied effects of the parties’ acts or omissions in duration of the suspension. Human resources, plant,
relation to their rights and obligations under the equipment can be reassigned, if possible, as necessary,
contract. in an attempt to mitigate the full rigours of the
suspension. A skeleton staff essential to undertake
Contractor’s Duties Following Suspension the remaining duties during the suspension period
e.g. security and maintenance of site, preparation of
Upon receipt of the order to suspend works from the claims, other administrative duties, etc. should be
contract administrator, the contractor has forthwith to maintained as these may be eventually paid for by
adopt certain measures consequent to the said order. These the employer.
measures must be in line with the relevant contract
stipulation e.g. clause 19.1 (a) of the CIDB Form (2000 3. Contractor to Secure and Protect the Works
Edition) which reads:
The contractor’s duty to secure and protect the
‘The contractor shall on an instruction of the works so far as is necessary in the opinion of the
Superintending Officer, suspend the execution of the contract administrator during the period of suspension
works or any part of the works …… and shall during is not only an implied requirement but in addition
such suspension, properly protect and secure the works expressly stipulated in most standard forms of
or such part of the works so far as is necessary or in conditions of contract 30. Furthermore, there is often
accordance with the instruction of the Superintending either an implied or express necessity for the
Officer’. contractor to maintain the works in question for the
said period.
Since the contractual provisions are never complete
and exhaustive, the bulk of the required measures have In assigning this responsibility to the contractor,
to be established by necessary implication. The essential the consequent risks during the suspension period
procedural arrangements would generally include 29: are accordingly passed on to him. He then remains
primarily liable for the security of the works,
1. Contractor to Suspend Works protection against the elements and deterioration from
foreseeable causes, etc. In discharging this duty, the
The initial response of the contractor should be to contractor is expected to implement only reasonable
comply with the suspension order effective on the steps within the context of the contract and no more.
date named in such order by discontinuing all works Should measures over and above the norm be
under the contract. This would entail basically: necessary, he must seek the consent and direction of
the contract administrator as at the end of the day
a) Halting all construction, erection, installation, etc. the employer has to ultimately reimburse the
related activities; contractor for the same.

b) Suspending the ordering, fabrication off-site, Position Post Expiry of Suspension Period
delivery to site, etc. of all material, plant and
equipment; and Suspension, being essentially of a temporary nature,
can be of a limited period only. This fact is supported by
c) Ceasing to undertake all other activities or the various express provisions which stipulate a definite
operations in relation to the works under the duration for any one suspension order; examples of such
contract e.g. design work, appointment of sub- life spans being:
contractors, etc.
1. IEM.ME 1/94 Form: Maximum 84 days 31
Since most contractors would have farmed out the
bulk of the elements under the contract to a host of sub- 2. Putrajaya Conditions of Main Contract: Maximum
contractors/suppliers, it would be incumbent for the former 150 days 32
to accordingly initiate the commensurate suspension
downstream. This exercise should not pose any problem 3. CIDB Form (2000 Edition): Maximum of 3 months 33
as most contractors normally tie their sub-contractors/
suppliers on a ‘back-to-back’ basis.
29. See ‘Law and Practice of Construction Contract Claims’ by
2. Contractor to Demobilise
Chow Kok Fong at P 170 & 171.
30. See Clause 19.1 CIDB Form (2000 Edition), Clause 58.01
In tandem with the cessation of the activities Putrajaya Conditions of Main Contract, etc.
related both to site work and ‘off-site’ disciplines, it 31. Clause 29.4
would be prudent for the contractor to undertake a 32. Clause 58.03
demobilization of resources for the anticipated 33. Clause 19.2 and Appendix to Conditions

BULETIN INGENIEUR 30
engineering & law
Following the issue of a typical suspension order to Unless the suspension is due to the following
the contractor, the situations as listed hereunder can reasons, the contractor has a right to invoke the
occasion: consequential steps to deal with the prolonged
suspension 35:
1. The contract administrator lifts the suspension by
instructing the contractor to resume work before ● Expressly provided for in the contract e.g. clause
the suspension period is over; or 19.2 CIDB Form (2000 Edition), clause 58.03
Putrajaya Conditions of Main Contract, etc.; or
2. The contract administrator instructs the contractor
to resume work upon the lapse of the suspension ● Necessary by reason of the contractor’s default
period; or e.g. clause 29.4 IEM.ME 1/94 Form, etc.

3. The contract administrator expressly extends the 3. Contractor to Notify Contract Administrator for
suspension period by a definite time either before Permission to Proceed With Works
the original suspension period is over or upon its
lapse; or Should the reasons for the prolonged suspension
be neither expressly provided for in the contract nor
4. The suspension period lapses and the contract attributable to the contractor’s default, the contractor
administrator gives no instruction whatsoever to may serve a written notice to the contract
the contractor. administrator for permission to recommence or resume
with the suspended works in whole or part (as
The 1st and 2nd situations have clear implications as applicable) within a stipulated period of receipt by
these are usually contractually valid and have the the latter of the said notice.
consequential effects well spelt-out. The contractor
under such scenario would adopt a series of measures The period stipulated in the above notice is usually
i.e.: prescribed in the applicable contractual provision;
common examples include:
1. Resume with the works i.e. recommence with all
work related activities such as construction, ● 14 Days: Clause 19.2 CIDB Form (2000
erection, installation, ordering, delivery of materials Edition); and
to site, etc.;
● 28 Days: Clause 29.4 IEM.ME 1/94 Form and
2. Remobilise all necessary resources to resume with Clause 58.03 Putrajaya Conditions of Main
the works under the contract.; and Contract

3. Proceed with his relevant claims for additional Where no such period is expressly indicated, by
costs, extension of time, etc. to cover the suspension necessary implication it is to be taken as a reasonable
period. time under the particular circumstances.

In contrast, the 3rd and 4th situations are problematic 4. The Contract Administrator To Make Decision and
as under such scenarios the contractor’s position is less Respond Accordingly
well defined; being vague and nebulous. Labeled as
‘Prolonged Suspension’ is most standard forms 34, the Upon receipt of the contractor’s notice, the contract
general procedure for the contractor to follow under administrator has to make a considered decision and
these circumstances can be reduced to the steps as listed respond appropriately within the period stipulated in
herebelow: the notice 36. Should the said decision be in line with
the contractor’s application, the suspension is
1. The Contractor to Determine Whether the accordingly lifted and the contractor can resume with
Suspension Period Had Lapsed the works in question. However, if permission to
proceed with the works is not granted, the contractor
is entitled to initiate the next step in the procedural
Before the contractor can initiate any action,
chain as listed hereunder.
he must establish that the suspension falls under
the contractual definition of ‘Prolonged
Suspension’. Hence, he must establish whether the
suspension has actually exceeded the period
permitted under the contract i.e. 84 days, 150 days, 34. E.g. Clause 19.2 CIDB Form (2000 Edition).
35. See ‘The ICE Design and Construct Contract: A Commentary’
3 months, etc. as applicable.
by B. Eggleston at P 239.
36. See Clause 19.3 CIDB Form (2000 Edition), Clause 29.4
2. The Contractor to Establish Reasons for the IEM.ME 1/94 Form, Clause 58.03 Putrajaya Conditions of
Prolonged Suspension Main Contract.

BULETIN INGENIEUR 31
engineering & law

5. Contractor to Exercise Right of Election to the contractor’s application in a prolonged suspension


scenario. However, since it has been stipulated in one of
If permission is not granted by the contract the standard local forms, its availability and ambit should
administrator within the time prescribed in the be taken cognizance of.
contractor’s notice of application, the contractor has
to decide on the next course of action to be adopted.
The option to be exercised is dictated both by the CONTRACTOR’S ENTITLEMENTS
extent of work affected by the suspension and the
remedies permitted contractually. These include: General

● In the case where the suspension affects the whole Unless the reason for the suspension ordered by the
or substantially the whole of the works, the contract administrator is primarily due to the contractor’s
contractor is entitled to: default or otherwise provided for in the contract, the latter
is generally entitled to the following entitlements
1. Determine his own employment i.e. if his consequent to the suspension of works 40:
contract contains a clause to this effect:
Clause 19.3 and 45.1 CIDB Form (2000 ● A commensurate extension of time to the contract to
Edition); or cater for the suspension period; and/or

2. Terminate the contract i.e. if the contract ● Reimbursement for the extra cost incurred in giving
expressly permits: Clause 29.4 and 37.1 effect to the suspension ordered.
IEM.ME 1/94 Form; or
The above listed broad categories of entitlements are
3. Treat the suspension as a Termination for primarily meant to compensate the contractor for the usual
Convenience of the Contract by the Employer consequences of the disruption to the progress of his works.
where the contract prescribes this remedy: Most contracts have express stipulations or formulae to
Clause 58.03 and 60.0 Putrajaya Conditions cater for these eventualities; notable examples of such
of Main Contract. provisions encompassing financial reimbursements include:

● In the case where the suspension affects only a ● Clause 19.1(b) CIDB Form (2000 Edition);
part or section of the works, the contractor may
treat such suspended part as an omission 37 under ● Clause 29.2, 29.3 and 29.5 IEM.ME 1/94 Form; and
the relevant clause of the contract e.g.
● Clause 58.02 Putrajaya Conditions of Main Contract.
1. Clause 28: CIDB Form (2000 Edition)
Such express stipulations, where provided for, prescribe
2. Clause 19: IEM.ME 1/94 Form in addition to the valuation methodology, also the
procedural requirements e.g. notification, etc. for the
3. Clause 41: Putrajaya Conditions of Main contractor to pursue in seeking the necessary
Contract. reimbursements. It should be noted that in the absence
of express contractual stipulations governing the
Whatever option is adopted by the contractor it must contractor’s entitlement, the common law principles would
be communicated forthwith to the contract administrator. have to be accordingly applied.
Though only the Putrajaya Conditions of Contract 38
prescribe the form of the said notice, it is advisable for Extension of Time Entitlement
the contractor to effect the same through a written notice.
The general rule is that the contractor is entitled to an
A further point to note is as to the unique third option extension of time to the contract for any disruption to his
afforded to the contractor by the IEM.ME 1/94 Form 39 i.e. progress of works i.e. if it affects the whole of the works.
where the contractor decides to treat the prolonged Should the suspension be limited to a part or section of
suspension as neither a termination nor an omission. In the works only, extension can be considered if the affected
such an eventuality the contractor can request the part or section of the works lies on the critical path 41 and
employer to take over the responsibility for protection, any float, if allotted, does not belong to the employer.
storage, security and insurance of the suspended works
and the risk of loss or damage shall thereupon pass on to
37. or a variation.
the Employer. Whilst this option has been expressly 38. See Clause 58.03 stipulating the ‘written’ mode.
prescribed under the conditions of contract, its validity 39. See Clause 29.5.
and practicality in actual practice is uncertain since it 40. See ‘The ICE Design and Construct Contract: A Commentary’
has been hardly adopted. It is a moot point as to whether by. B. Eggleston at P 236.
such an option can in reality result in a viable option in 41. See ‘Law and Practice of Construction Contract Claims’ by
the event of the contract administrator’s failure to respond Chow Kok Fong at P 170.

BULETIN INGENIEUR 32
engineering & law
In establishing the contractor’s entitlement to any 1. The Heads/Components of the Costs Claimable
extension of time to his contract, the principles and
procedures in relation to this subject have to be strictly Here again, the different forms approach this subject
complied. Of particular concern are the following pre- in varying fashions. The CIDB Form 43 does not define
conditions: the components of the cost entitlement but vide clause
19.1(b) merely labels these as ‘Loss and Expense’. In
● There must be enshrined in the contract a clause a similar vein clause 58.02 of the Putrajaya Conditions
permitting extension of time in the first place; and of Main Contract underlines the contractor’s right to
additional expenditure by reason of a suspension order
● One of the relevant grounds or events stipulated given by the Employer’s Representative without
therein should cover the instant eventuality i.e. of delving into further details or classification. The
suspension of works. IEM.ME 1/94 Form on the other hand whilst
maintaining the ‘broad brush’ approach of the two
previously mentioned forms, however, is a bit more
Examining the various standard forms of conditions
generous with the description and classification of
of contract permitting suspension, it is apparent that they
the contractor’s entitlement; these being reflected in
satisfy the above pre-conditions to the following effect:
clause 19.2 44 and 19.3 45 respectively.
● CIDB Form (2000 Edition) 42 In the absence of and notwithstanding any express
stipulations as previously considered, the cost
1. 1st pre-condition: Clause 24 Delay and Extension entitlements of the contractor 46 can be basically
Of Time broken down into a number of principal heads or
components as listed hereunder 47.
2. 2nd pre-condition: Sub-clause 24.1 (k)
● Additional costs incurred in protecting, securing
● IEM.ME 1/94 Form and maintaining the works for the period of
suspension;
1. 1st pre-condition: Clause 31.2 Extension Of Time
for Completion ● Reasonable costs involved in the demobilization
process following the suspension order and
2. 2nd pre-condition: Sub-clause 31.2 (g) remobilization upon the resumption of the works;

Interestingly, the Putrajaya Conditions of Main ● Additional costs, charges and/or premiums in
Contract do not contain an express ground to extend time extending the various insurances, performance
to the contract due to suspension of work. Hence, under bonds, guarantees, warranties, etc. incurred due
such circumstances, the only option available to the to the suspension;
Employer’s Representative would be to instruct the
contractor to accelerate works pursuant to clause 43.06 ● Reasonable expenses incurred due to the
in order to recover the period of delay occasioned by the suspension of sub-contracts and purchase orders,
suspension. Where such recovery is wholly or partly not cancellation charges (if incurred), storage and
capable of being practically achieved, the employer may warehousing charges, etc. during the period of
inevitably compromise his rights pertaining to liquidated suspension;
damages.
● Compensation for the contractor’s maintenance
of its organization, plant and equipments, etc.
Cost Entitlements
which have been committed to the project or part
of it affected by the suspension 48;
The applicable formula governing the contractor’s
entitlement to the various additional costs entitlement
consequent to the suspension are usually stipulated in
the respective conditions of contract. Such express
provisions in general spell out the relevant matters
pertaining to this issue including, inter alia: 42. See also Clause 19.1(b).
43. Form of Contract for Building Works [2000 Edition].
● The heads or components of the costs available; 44. Entitled ‘Cost of Suspension’.
45. Labeled ‘Payment in Event of Suspension’.
● The exceptions to the contractor’s right of recovery; 46. Whether described as ‘Loss and Expense’ or ‘Cost of Suspen-
and sion’, etc.
47. See also ‘Law and Practice of Construction Contract Claims’
● The procedural requirements inclusive of any special by Chow Kok Fong at P 171.
pre-conditions 48. Ibid.

BULETIN INGENIEUR 33
engineering & law

● Additional costs incurred by the contractor owing e) Where the suspension is necessary for the safety
to the adverse effect of the suspension process of the works;
on the contractor’s performance of the remainder
of the work following the lifting of the suspension f) Where the suspension is necessary by reason of
e.g. loss of productivity, inefficient sequencing direction/order of any statutory/governmental
of the work, abortive work, etc.; and authorities

● Other miscellaneous additional costs, charges As a general rule, unless the contractor can show
and/or expenses which can be proven attributable that either the stipulated exceptions are inapplicable
to the suspension. or are not relevant on the facts, his right of recovery
of additional costs or loss and expense by reason of
2. The Exceptions To The Right of Recovery the suspension will be likely to be compromised.

The contractor’s entitlement to the right of 3. The Procedural Requirements


recovery is curtailed by any exceptions agreed to by
the parties and as expressly enshrined in the contract. In seeking a commensurate compensation to the
Once more, the number and types of such exceptions loss and expense suffered or additional costs incurred
differ according to the particular conditions of by reason of compliance with the suspension order,
contract employed. Hence, these stipulations must the contractor must follow any procedural requirements
be strictly construed and adhered to. expressly spelt out in the conditions of contract in
force. The common standard forms have express
A. IEM.ME 1/94 Form stipulations to this effect; compliance with which is a
necessary pre-requisite to the contractor’s satisfactory
By virtue of clause 29.2 the contractor is not entitled recovery. The following pertinent points need to be
to be paid any additional cost if the suspension is taken note of in relation to some of the salient features
necessary by reason of a default on the part of the pertaining to the procedure to be adopted:
contractor.
● The contractor is required to notify the contract
B. CIDB Form (2000 Edition) administrator of his intention to make a claim 50;

Clause 19.1(b) lists out the exceptions as: ● The notice must be in writing and must be made
within a stipulated period after the receipt of the
a) Express provisions in the contract denying the order to suspend works. This period is normally:
recovery of additional costs 49; or
a) 28 days: Clause 29.2 IEM.ME 1/94 Form and
b) Where the suspension is necessary because of the Clause 58.02 Putrajaya Conditions of Main
contractor’s default or breach of contract; or Contract; or

c) Where the suspension is necessary for the proper b) 30 days: Clause 32.1 CIDB Form (2000
execution of the works; or Edition) 51

d) Where the suspension is necessary for the safety ● The contents of the notice should specify:
of whole or any part of the works.
a) The event giving rise to the claim and its
C. PUTRAJAYA Conditions of Main Contract consequences 52;

The exceptions stipulated under clause 58.02 include: b) An estimate of the likely daily cost 53 or the
value of the loss and expense 54; and
a) Express provisions in the contract denying the
recovery of additional costs; c) Any other relevant information e.g. the
appropriate contract reference, etc. 55
b) Where the suspension is necessary because of the
default of the contractor, his sub-contractors /
suppliers, etc.; 49. Or as labeled ‘Loss and Expense’.
See Clause 29.2 IEM.ME 1/94 Form, Clause 58.03
c) Where the suspension is necessary by reason of Putrajaya Conditions of Main Contract.
adverse weather conditions; 51. Entitled ‘Notice of Claims’.
52. Clause 32.1(a)(i) CIDB Form.
d) Where the suspension is necessary for the proper 53. Clause 58.03 Putrajaya Conditions of Main Contract.
execution of the works; 54. Clause 32(a)(ii) CIDB Form.
55. Clause 32(a)(ii) CIDB Form.

BULETIN INGENIEUR 34
engineering & law
● Within a reasonable period 56 of the issue of the of the other. Coupled with repudiation and frustration,
notice by the contractor or at such times as both suspension and determination serve as the common
mutually agreed to by the parties, the contractor mechanisms for stopping the works under the contract;
must submit to the contract administrator all whether these be on a temporary or permanent basis.
records and documents to substantiate the claim;
Suspension is seldom encountered in everyday
● Upon receipt of the contractor’s claim together practice; a fact evidenced by the dearth of corresponding
with the supporting documents, the contract express provisions in the common forms of conditions
administrator must check these for sufficiency of contract being employed in this country. However,
and accuracy. Should there be a necessity to this apparent lack of emphasis does not negate the fact
request for further and better particulars, the that suspension is, and does, represent an important
contract administrator must initiate the mechanism for the parties to temporarily stop or freeze
appropriate procedural steps to effect the same; the works and/or their rights and obligations under their
contract due to various reasons. More importantly, it
● If upon the receipt of all relevant information, does serve a secondary purpose of allowing the parties
the contract administrator is of the opinion that to address specific areas of concern e.g. reassessment of
the contractor is contractually entitled to design, review of safety measures, etc. without having
additional expenditure by reason of the to breach the contract and thereby incur the
suspension order issued, he shall ascertain the consequences of perhaps repudiating the contract. Hence,
extra costs incurred and add it to the Contract it is timely for practitioners to appreciate the legal and
price; and procedural intricacies of this important but often ignored
area of contract implementation by according it due
● The amount due shall be included in any consideration in practice. BEM
payment certified by the contract administrator
and disbursed within a reasonable period of the
contractor’s submission of all the relevant REFERENCES
documents and/or records.
1. Bockrath, J. ‘Contracts and the Legal Environment
Most standard forms of contract are worded to the for Engineers and Architects’ [5th Edn.], McGraw Hill.
effect that the condition precedent to the contractor’s
right to recover the additional costs being the issue of 2. Chappel, D. ‘Parris’s Standard Form of Building
the notice of intention to claim within the stipulated Contract’ [3rd Edn.], Blackwell.
period e.g. clause 29.3 IEM.ME 1/94 Form, Clause 58.02
Putrajaya Conditions of Contract and Clause 32.1 CIDB 3. Chow Kok Fong ‘Law and Practice of Construction
Form (2000 Edition). As to whether non-compliance Contract Claims’ [2nd Edn], Longman.
with such a condition precedent is fatal to the contractor’s
claim is a moot point depending as to whether such a 4. Eggleston, B. ‘The ICE Design and Construct Contract:
provision is construed as a mandatory requirement. To A Commentary’, Blackwell.
obviate the possibility of a claim being rendered invalid
by reason of the breach of such a provision, it is advisable 5. Gajria, K. ‘GT Gajria’s Law Relating to Building and
for contractors to comply as far as is reasonably Engineering Contracts In India’ [4 th Edn.],
practicable to its stipulations unless extenuating Butterworths.
circumstances or reasons beyond the contractor’s control
render such compliance impossible. 6. Harbans Singh K.S. ‘Engineering and Construction
Contracts Management: Post-Commencement
Practice’, Lexis Nexis/Butterworths.
CONCLUSION
7. Knowles, R. ‘100 Contractual Problems and Their
Suspension and determination are two disparate Solutions’, Blackwell Science.
topics that arise quite frequently in engineering/
construction contracts. Though appearing at first blush 8. Murdoch, J. & Hughes, W. ‘Construction Contracts’
to be distinct, they do however have a nexus in that [3rd Edn.], Spon Press.
under certain conditions of contract they share common
grounds for disrupting the flow of the work under a
contract. In particular circumstances, suspension and
determination represent alternative remedies for the
parties in the event of any default and/or breach on part 56. 30 days in the CIDB Form: Clause 32.3

BULETIN INGENIEUR 35
feature

The WTO And The South:


Implications And Recent
Developments Part 2

By Martin Khor, Director, Third World Network

The Northern Initiative by the European Union, at the WTO. firms would have full rights to
For A Multilateral Owing to growing opposition to such own land and real estate and to
Investment Agreement an MIA by many developing counties, receive government aid, subsidies
the Northern countries instead and contracts, just like locals.
By far, the most important “new proposed a “study process” in the
issue” being promoted by Northern WTO to examine the links between ● Take further “accompanying
countries in the international arena trade and investment. They enlisted measures” (such as the right to full
is investment policy per se. What was the support of some developing profit repatriation, changes to tax
dropped in the Uruguay Round TRIMs countries. This was endorsed by the and company laws to remove
negotiations, as a result of strong WTO Ministerial Conference in existing favourable treatment to
opposition from the South, is now December 1996, which established a locals, etc.) so as to create
being pushed with tremendous energy new WTO working group to examine favourable conditions for foreign
and resources. The investment the relationship between trade and investors. The rules being
initiative is being promoted in two investment. In the working group, the proposed by the EU, and which
fora: the WTO and the OECD. The proponents are expected to advocate enjoy support from other
objective is to establish an upgrading the study process to developed countries, have thus
international agreement that widens negotiations that would eventually to been resurrected from the Uruguay
the rights of foreign investors far an MIA. Round negotiations on TRIMs,
beyond the current position in most The process began in the WTO in where they had been rejected by
developing countries, and to severely March 1995, when the EU held a developing countries as being not
curtail the rights and powers of briefing for several Third World trade relevant to the GATT’s mandate.
governments to regulate the entry, diplomats in Geneva, where it
establishment and operations of circulated an EC paper, “A level The newly proposed rules still go
foreign companies and investors. This playing field for direct investment far beyond the current and legitimate
initiative is currently also the most worldwide”. It is clear form this paper concerns of the WTO, which are
important development in attempts to that the proposed agreement would supposed to be restricted to trade
extend the scope of globalisation and oblige signatory governments to: implications of investment measures.
liberalisation. Compared to the WTO’s present
The agreement is termed the ● Grant free access for foreign mandate in investment, which is
Multilateral Agreement on investments. Foreign firms will confined to “trade-related”
Investments (MAI) in the OECD and have the right to enter and investment measures, the EU proposal
the Multilateral Investment establish themselves, with 100 per would extend the scope of the issue
Agreement (MIA) in the WTO context. cent equity, in all sectors and to national policies, conditions,
For the proponents, the desired activities except security. regulations and operations of foreign
content of both is basically similar. investments per se and as a whole.
The MAI is being negotiated by the ● Grant “national treatment” to With the MIA, the WTO would no
28 members of the OECD and is foreign investors. Foreign loner be a “trade organisation”, but
expected to be completed by May or companies would be treated in a become an agency with the extra
later in 1997, whereupon non-OECD “non-discriminatory” way like powerful function of regulating
countries (who have not been invited local firms. Policies that now investments worldwide. This would of
to participate in the negotiations) will favour local companies, banks and course be a very major extension of
be invited to also join. The MIA has professionals will have to be the WTO’s powers. It would also mean
been informally pushed, particularly changed. Foreigners and foreign the extension and application of the

B U L E T I N I N G E N I E U R 36
feature
WTO’s principles and its system of enterprises to compete successfully in around 20 to 30 per cent. There are
dispute settlement (including the use the economy. This removal of the regulations that require foreign banks
of trade sanctions and trade right of developing countries to and insurance companies to
retaliation) to investment policy. regulate the area of investment, would incorporate themselves as local
The acceptance of such a MIA effectively close the possibility of companies; that restrict the ownership
would have the most profound effects domestic economic capacity by foreigners of houses and land; that
on the behaviour, operations and building.” limit the scope of operations of
effects of foreign investments The NGOS stressed they are not foreign banks; and that protect the
worldwide, and on each country. against foreign investments per se, as business of local businesses and
Transnational companies would have they recognised that “foreign professions. It has been argued that
the greatest freedom and rights to investment may have a relevant and without such “social engineering”
conduct business all over the world, indeed significant role to contribute policies, Malaysia would not have
free from many government in the development process.” They, enjoyed the political stability nor the
regulations they now face. On the however, believed that this role has building up of the domestic sector,
reverse side, it would mean that to be placed in an appropriate policy that underlie the country’s socio-
governments would no longer have context, which “requires that economic development.
the right or the power to draw up their governments continue to be given the There are compelling reasons why
own basic policies or laws regulating right to regulate the terms and protection of locals in the area of
the entry, behaviour and operations conditions for the entry and operation investment and the right of countries
of foreign enterprises in their of foreign investment in the various to regulate foreign investments is
economies. Existing national laws and sectors.” necessary in developing countries:
policies that place restrictions on The concerns of the NGOs have
foreigners would have to be cancelled much merit. The experience of ● Given the colonial legacy, local
or altered to fit the new multilateral Southeast Asian countries with firms and farms are still too weak
investment treaty. foreign investment is illuminating in in many sectors to compete with
This would of course have serious this context. These countries have large foreign firms. Giving total
implications since most developing successfully attracted large volumes access to foreign investments
countries now have policies that of foreign investments but the would put many local enterprises
deliberately seek to promote domestic companies have to operate within out of business, leading to loss of
companies and to protect citizens sophisticated regulatory framework. jobs and livelihoods.
from excessive control of the For instance, foreign investors may
economy by foreign firms. be welcome in some sectors ● To retain a meaningful measure of
The MIA proposal attracted a (manufacturing, oil production) but sovereignty over national
negative response from the local firms may be given preference resources and economic activity )
international NGO community. A in others (for example, plantation, a principle affirmed by several UN
joint NGO statement signed by over agriculture). Even in manufacturing, Charters and Declarations),
200 groups stated: “Such a proposal there are policies in many countries developing countries require the
would abolish the power and restricting full equity rights, requiring right to limit the degree of foreign
legitimate right of states and people foreign investors to enter joint ownership overall and particularly
to regulate the entry, conditions, ventures with locals. In the sensitive in crucial resources (such as land)
behaviour and operations of foreign services sectors, many developing and sectors (such as finance).
companies and foreigners in their countries restrict the operations of
country. This is a prime and foreign firms in banking, other ● To avoid a structural problem in
fundamental sovereign right which is financial institutions, media and the the balance of payments,
essential for any country to determine professions. governments should have the
its own economic and social policies. In Malaysia, for instance, the New ability to regulate foreign
This is a precious right which is Economic Policy was formulated to investments in such areas as
especially vital for developing increase the share of Malaysians in equity share (so that some of the
countries to protect. This is because equity ownership in the modern profits will be locally owned and
the domestic sector (comprising local sectors. The NEP requires that citizens retained), profit repatriation (so
firms, local farms and the public should own a certain percentage of that there is sizeable reinvestment
sector) has been weakened through shares of companies and restricts the of profit) and import limitation (to
colonialism and still requires a longer percentage of equity that foreigners prevent excessive import of capital
period of capacity building. can own in various sectors. In 1970, and intermediate goods)
“The ability to regulate foreign foreigners owned 70 per cent of the
companies as part of economic policy total share equity. Today the share has ● To develop local enterprises
is obviously crucial to enable fallen to probably about 30 per cent, (including small farmers),
domestic capacity building which whilst the share of the bumiputra governments must have the right
would eventually allow local community has risen from two to to promote growth through

BULETIN INGENIEUR 37
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subsidies or preferential policies, the weaker local firms is essential to greater should developing countries
at least until such time when they any country that wants to have a agree to such rules without clearly
can compete on more equal terms critical minimal degree of control over understanding their full significance.
with the larger foreign firms. its economy and social life. Meanwhile, on a separate track,
Removing the right to treat locals It should come as no surprise why the industrial countries are also
more favourably could well the industrialised countries are having their own negotiations on an
foreclose the possibility of putting great efforts and pressure on investment treaty (the MAI) within the
domestic enterprise development this issue. They would like their OECD. The major features of the MAI
and perpetuate or worsen companies to operate much more are similar to the EC proposal on the
dependence on foreign firms. freely in developing countries and MIA. The U.S. is reported to prefer
thus are asking that current the OECD as a forum for a stricter
● The proposed treaty would also restrictions and regulations be investment regime can be attained
remove from governments the use removed. Gaining access to the there. An OECD investment treaty (the
of a key instrument of resources and markets of the South, MAI) could then be opened up to other
macroeconomic, financial and and to the right to invest and operate countries. The EC is said to prefer the
development management. in the developing countries has been WTO forum. One reason for this is its
a major strategic objective of the belief that the WTO’s dispute
An additional reason to be wary governments and companies of the settlement system would give the
of having an MIA process in the WTO North. treaty “credibility.”
is that the WTO is an agency in which It was this objective that largely The OECD will complete its MAI
trade retaliation or sanctions can be prompted the takeover of the Third (mulitlateral agreement on
applied against countries that do not World’s territories in the colonial era. investment) by May 1997, upon
live up to their obligations. The Opium Wars in China for instance which it will open the MAI for other
The proposed MIA would have the were sparked by British insistence on countries to sign on. Although some
most serious implications for the right to sell opium to China. This developing countries can be expected
countries which have found it led to the progressive opening up of to be pressurised to sign on, non-
necessary to regulate foreign China not only to trade but to OECD countries are of course not
investments and to promote the investment rights to imperial powers obliged to join an MAI negotiated
growth of local firms. “Trade and and to loss of territory, for instance, solely by the OECD countries. the
investment” is therefore not a Hong Kong. The Chinese termed the imminent emergence of an OECD MAI
“technical trade issue” that can be left “peace agreements” of the Opium should not be grounds for countries
to trade officials on the negotiating Wars as the “unequal treaties.” to agree that the WTO negotiate a
field alone to handle. It is primarily It was the need to recapture similar issue. In fact this would set a
an issue with great economic, social control over resources and to have dangerous precedent. In future, the
and political significance as it will national policies in favour of domestic OECD countries can again negotiate
have such an important bearing on rather than foreign interests that other issues among themselves (such
economic sovereignty, ownership spurred the anti-colonial struggles as labour standards, human rights,
patterns, the survival of local that finally led most colonies to win corruption, etc.) and then again put
enterprises, business and farms, independence. It would thus be a great pressure on WTO members to also
employment prospects as well as irony if the ex-colonial master start working groups on the same
social and cultural life. countries were to succeed yet again issues.
The MIA proponents argue such to gain rights for their companies to Seeing that there is growing
rules are the best way to promote the establish themselves and dominate the resistance to initiate negotiations on
entry of foreign investments into the economies of the former colonies, this a MIA in the latter part of 1996, the
South. Most developing countries time not through military conquest MIA proponents watered down their
indeed are trying their best to attract but through the device of a treaty to proposal to being an “educative
foreign investors. The issue, however, be agreed to by all parties. This would process” in the WTO with no
is not the desirability or otherwise of be the modern version of the “unequal commitment that be negotiations for
foreign investments. It is about the treaties” with possibly the same an agreement. At the WTO Ministerial
right of governments and peoples to disastrous effects on many countries. Conference in December 1996, this
choose the pattern and ownership of For it is likely that if governments was accepted and a working group
investments they want for their are not allowed the powers to impose has been created to examine the trade
countries, and in that context, the regulations on foreign companies or investment relationship without any
type of foreign investment they to give a helping hand to domestic obligation that this would lead to
welcome, in which sector, and under companies, then the bigger foreign negotiations for an investment
what conditions. The power to firms will overcome the local ones and agreement.
regulate foreign investment, to obtain win an increasing share of the Based on the recent record of
better terms and benefits from them, domestic as well as international negotiations on new issues in the
and the right to enact policies to aid markets. The irony would be all the Uruguay Round, there is a strong

BULETIN INGENIEUR 38
feature
possibility that once an issue is priority of developed countries. They investment measures) were already
accepted as within the competence of wanted to use the conference to give covered in the TRIMs Agreement.
the WTO even for an educative the WTO a major push in widening They viewed the MIA as a threat to
process, there will be strong pressures further the scope of issues under its sovereignty; depriving states of the
that this would proceed into jurisdiction and to give further ability to regulate foreign
negotiations and a treaty. The impetus to global liberalisation. They investments, as being one-sided in
pressures within the WTO towards put forward new issues which they giving rights to foreign investors
rule making make the WTO an wanted the ministers to endorse as the without their having to meet
unsuitable forum for an “educative basis for new working groups and a obligations to the host country; and
process” since there would be an work programme for the next few as over emphasising the trade
atmosphere of tension, fear and years. These new issues were trade liberalisation element whilst totally
suspicion. and labour standards, trade and ignoring the development dimension
As some developing countries at investment, trade and competition of the investment policy.
the WTO (and many NGOs) argued, a policy, and transparency in When the MIA proponents
more suitable forum for discussion government procurement. switched to proposing setting up a
and an educative process would be In the preparatory process held working group only to study the trade
the UN where the issue can be seen mainly in Geneva but also at several investment relationship, several
in its many facets (especially the informal seminars and meetings developing countries concluded they
development dimension) and not only around the world organised by could go along with this as a
from the perspective of rule making individual countries, developing compromise. Several other developing
and the trading system. At the countries generally argued that they countries, however, opposed
UNCTAD-9 Conference in Midrand in were against new issues being beginning a discussion process in the
May 1996, UNCTAD was given the introduced at this stage in the WTO WTO, proposing instead that a
mandate to discuss the issue of trade as they were already finding it a great discussion would be better be done
and investment and the implications strain to adjust to the Uruguay Round at UNCTAD where all aspects of the
of a MIA, at intergovernmental level. agreements which require major issue could be considered in an
Thus, for the next few years, changes to many domestic laws and atmosphere devoid of the possibility
discussions and an educative process policies. They had little resources left of a binding agreement.
could take place at this forum. Arising over to take on new issues on the On competition policy and
from such a process, the role of the trade agenda, especially since these government procurement, several
trading system can be better clarified. can have such significant effects on developing countries (similar to the
Nevertheless the case against a their economies. They argues that a ones objecting to an investment study
study process in the WTO did not discussion on yet more new issues process) also voiced opposition to
succeed and the working group on would divert their resources and the beginning a work programme on
trade and investment will now be conference away from the tasks of these issues as they had no time yet
established. Developing countries review and implementation. to study the implications of bringing
have to prepare well for the Several developing countries also them into the WTO. There was also
forthcoming negotiations or else they argued against the principle or timing concern that the objective of the
may be overwhelmed by the intense of letting the new issues into the WTO. major countries was to use these
pressures of the developed countries. On labour standards, there was issues to further open up developing
general agreement by developing countries’ markets for the TNCs.
The Singapore WTO Ministerial countries that the issue did not belong
Conference to the WTO and should be left to the (b) The Untransparent Process
ILO to handle. They saw labour at Singapore
(a) The Preparatory Process standards as a social issue that did
not belong to the trading system. They At the Singapore Conference,
The WTO’s first Ministerial also viewed the attempt to link labour many ministers and officials from
Conference was meant to be a “review standards to the WTO as a move by developing countries were surprised
conference” in which members were the North to eventually increase and expressed frustration at the way
supposed to review the Uruguay labour costs in their countries, the conference was organised and its
Round results three years after its depriving them of their main decision-making process which
conclusion and to enable members comparative advantage. reflected the normal untransparent
(especially the developing countries) On investment, many developing way of functioning of the WTO
to bring up problems they face in countries were strongly against the system in Geneva. At the conference,
implementing their Uruguay Round introduction of an MIA in the WTO. all ministers were allocated time to
obligations. They argues that investment policy make speeches at the open plenary
However, it was clear during the per se was not within the purview of meetings. But most developing
preparatory process that review and the WTO and that the relevant aspect countries were never even invited to
implementation was low on the of investment (trade-related the real discussions on issues where

BULETIN INGENIEUR 39
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there were disputes; that took place open forum in the United Nations and benefited the developed countries
in “informal groups”. For most of the its conferences. more than us, we had no choice but
conference, their ministers and senior Meanwhile, the majority of to put on a brave front and join the
officials were kept in the dark on what developing countries were shut out consensus.”
was going on. “lack of transparency” of the negotiating process and their The “informal group” system of
was the term most used by delegates, ministers, ambassadors and senior negotiations used at the Singapore
NGO representatives and journalists officials were left hanging out in the Conference is an extension of the way
alike to describe the conference’s corridors or in the lounges in the dark the WTO operates as a matter of
manner of operations. as to what was happening. Indeed, routine in Geneva. What the
The “open” part of the conference some journalists and NGOs knew conference did was to expose to the
was the plenary session where Trade more than the delegates. The Trade international press, to NGOs and to
Ministers of 120 countries made Minister of an in important the ministers themselves how
speeches. Those from developing developing country that was not untransparent and to the
countries were often articulate in invited to the informal meetings was disadvantage of developing countries
pointing out their problems in having shocked to learn from an NGO of his is this WTO system of operating.
to liberalise their economies after the country that the text being discussed Before the Singapore Conference,
Uruguay Round agreements which on the key issue of investment was many developing countries had
came into force in January 1995. very different from what his country already registered their frustration at
Many made the pleas that no new had in mind and from what he had the untransparent and undemocratic
issues (especially non-trade issues) be been told was on the table. manner by which the preparatory
brought into the WTO since they were Many delegates private expressed process for the Ministerial Conference
still unable to cope with the problems their frustration at being left out of was being conducted and, in
arising from their existing WTO the process and being expected to particular, the so-called HOD or heads
obligations. But embarrassingly merely “rubber stamp” whatever of delegation informal process, led by
enough, the ministers were speaking agreement of declaration emerged the Director-General, for determining
to an increasingly emptier hall. There from the closed doors. the new issues and the draft
were no discussions at all on their It was only on the night before declaration.
speeches and thus no opportunity to the conference’s closing that all the At Singapore itself, that
seek solutions to the problems raised. WTO delegations were called together dissatisfaction increased manifold and
Meanwhile the “real” negotiations and provided copies of some pages extended from the Geneva diplomats
of key issues had gone “underground” of texts on the controversial issues to ministers, other members of the
in many informal meetings to which that the informal groups had pieced delegations, the NGOs and the media.
only 20 to 30 selected countries were together after long negotiations. At Even if the ministers and their officials
invited by the conference chairman, that meeting, many of the delegations confined most of their grumbling in
Singapore Trade Minister Yeo Cheow that had been left out complained private, journalists from many
Tong and WTO director-general about the lack of transparency at the countries filed reports on the lack of
Renato Ruggiero. The informal group conference. The conference chairman transparency and the marginalisation
negotiated whether and how the and the WTO director-general of developing countries that they had
Northern proposals on labour acknowledged their complaints and witnessed. At a closing press
standards and the new issues could promised that the WTO would be more conference on Friday afternoon, many
be brought into the Conference’s transparent but “without questions were asked of Yeo and
Ministerial Declaration. compromising efficiency” and asked Ruggiero about the complaints of lack
The untransparent decision- the members to give their approval of transparency and what could be
making process in which the real to the texts. done to change the WTO’s image of
negotiations took place within a At such a late stage, it would have being a “rich men’s club”. The NGOs
closed-door “informal group”, in been difficult, if not impossible, for present in Singapore were also very
contrast with the formal appearance anyone who had not been in the disappointed and negative about the
of decision by consensus, enabled the process, to make objections for then process and outcome of the
minority of rich countries to more that country would be accused of conference. A ver wide range of NGOs,
easily have their way over the preventing a consensus and of from development groups like Third
majority. Because the ratio of North- wrecking the whole conference. “Our World Network and Oxfam, to
to-South countries in the informal job was simply to say yes and give environment groups like Greenpeace,
group was more to the favour of the the stamp of approval to something Friends of the Earth and World Wide
North than if the meeting were to we did not know and could not Fund for Nature, to consumer groups
involve all members, the Northern participate in,” a senior diplomat said like Consumer International and
countries were much more able to put privately. “Although many of us in several trade unions condemned the
pressure on the developing countries the developing countries are unhappy whole process as well as the
present to give in. In contrast, with the way the meeting was run and substantive outcome of the
discussions are normally held in an also with the results which have conference. BEM

BULETIN INGENIEUR 40
feature

The Bridge Builders –


Marvels Of Engineering
By Dato’ Ir. Low Keng Kok, Soh Wan Heng and Lee Swee Kin, Road Builder (M) Sdn Bhd

T
he secrets of a bridge’s design There are now more than 10,000 used to be serviced by ferries. It was
are not to be found in its girders bridges in Malaysia of various sizes then the third longest bridge in the
and trusses, its pylons or its and forms, out of which world and was adjudged worthy of a
towers, but in the empty space below. approximately 2,500 are located on Grand Award by the Consulting
The more severe the terrain it has to federal roads. They include steel, Engineers of Washington in their
cross, the fewer options remain open concrete and a number of pre- Engineering Excellence Awards
to its designers and builders. Competition in 1986.
Mundane obstacles make for Another breakthrough in
boring and formulaic spans but modern bridge construction in
terrible difficulties have inspired Malaysia came in 2002 with the
engineers to create great bridges. opening of the longest span cable
The statement sums perfectly the stayed bridge in Malaysia, the Sri
desire and achievements of Saujana road bridge in the new
humankind throughout the ages to Malaysian Government
discover new technologies to Administrative Centre of
enable impossible bridge crossings Putrajaya. It has a main span of
becoming possible. However, they 300m supported mainly by stayed
are also reminded that there are cables with a hybrid graceful
limits to the art of bridge building tubular steel arch of similar span
more perilous than those that rises up to 40m above deck
governing almost any other branch level. It is indeed an elegant
of engineering, and that each new structure built to frame the serene
structure invades a hostile environment of the Putrajaya Lake.
environment as it arches into Not ever since the early 19 th
nothingness and seeks to impose century Isambard Kingdom
the will of its designer and builder Penang Bridge, Penang (1985) Brunel’s Royal Albert hybrid steel
on that of a resistant nature. tied arch and suspension rail
Similarly in Malaysia, then known independence wooden and masonry bridge in England has ever a structure
as Malaya, the construction of early bridges. One of the great milestones been attempted in modern times. The
roads and bridges was a necessity to of bridge engineering in Malaysia was Sri Saujana Bridge won the Institution
facilitate the movements of people the opening of the Penang Bridge in of Engineers Malaysia Outstanding
and goods. The early commercial 1985, a 13.5km marine concrete road Achievement Award in 2003. It also
roads built such as the one from bridge built with a cable stayed main shared the distinction of having being
Kamunting to Teluk Kertang, Perak span of 225m. It bridged the island of built by a local Malaysian Contractor
and subsequently the building of Penang and the peninsular which of which the authors’ organisation has
railways by the British the honours to share.
throughout Malaya and Borneo, Although Malaysia does not
beginning with the 8-mile have a long history of bridge
Taiping Port Weld line which construction unlike the earlier
opened in 1885, led to the world civilisations such as the
demand and development of Mesopotamians and Romans, this
bridges in the country. The early fact does not stop the
bridges were mainly made of development of new innovative
steel in the form of trusses, bridge designs and construction
arches and beams, which was a techniques being adopted in the
subsequent product out of the country. As we trace back the
18th century Industrial Age in world’s earlier bridge
England. Sri Saujana Bridge, Putrajaya (2002) development history and its

BULETIN INGENIEUR 42
feature
Masonry Arch Bridges

As mentioned above, masonry


arches, as a form of bridge whether
they are of corbelled or voussoir
types, have been used for centuries
even until today. It was a popular
form of bridge from as early as the
Mesopotamian era. It was perfected
by the Romans in the construction of
many spectacular long-lived
structures. Surviving Roman bridges
such as the Ponte St Angelo are still
standing and still carrying traffic over
the River Tiber into the centre of
Rome almost 2,000 years after its
completion. All of them testify to the
Royal Albert Hybrid Rail Bridge, Saltash England (1859) strength of a well constructed arch
with only simple principles for the
relevance to our own bridges built in led to the revolution of technologies semi circular arch form, the loads
the country, an appreciation and in the 18th century. From the early borne by the bridge are directed out
understanding of important post and lintel schemes to the rope and down onto solid foundations
technology milestones is essential to suspension techniques still being without any outward thrust on the
further carry forward our aspirations used today in South America and piers, while the stones that form the
to be one of the respected league Asia and finally to the arched bridges arch are compressed, adding stability
members of key bridge builders of which have been the most favourable and minimising any risk of collapse.
the world. solution to the many bridge However, as the arch span increases,
Most of the modern world construction problems of our its height must also rise to retain its
bridges are solutions born from the predecessors world, many lessons strength, giving rise to problems in
18th century Industrial Revolution in and problems that the ancients the later years when a levelled
Europe. Even then, the great struggled to overcome can still be roadway is required.
contribution of the predecessors of learned by today’s modern bridge It was not until the 12th century
the Industrial Age cannot be ignored designers and builders. in Europe and probably the 7 th
for it was the desire of mankind Not to forget, the lessons that can century in China that the use of a
throughout the centuries to bridge be learnt from the disastrous accidents segmental arch of a circle instead of
continents, their historical records that have occurred throughout the a semi circle for the arch bridge had
and monuments that were kept and centuries of bridge building in order enabled a lower ratio in bridge rise
that have survived until today, had not to have history repeating itself. to span to be used, which thus also
meant a lower, more practical bridge.
The Pont d’Avignon bridge in France,
built in the 12 th century, bears
testimony until today the aesthetics
of many masonry arch bridges to
follow. However, the arch thrusts
now present in a segmental arch was
then not well understood, and piers
were massive to counter such forces.
As a result, piers often blocked
waterways.
It took until the 18th century for
Pont de Neuilly masonry arch bridge,
also in France, to be designed by Jean
Rodolphe Perronet. Some accredited
him as the father of modern bridge
engineering. He was the first director
Ponte St Angelo,Rome (143 AD) of the Corps des Ponts et Chaussees,

BULETIN INGENIEUR 43
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Paris, the first school of engineering The first cast iron arch bridge was first such suspension bridge is the
in the world. He made a simple but built in Coalbrookdale, England as an Fribourg Bridge in Switzerland with
important discovery that the thrust of arch structure in 1779. Later, Thomas a span doubling that of the earlier
arches was carried through the arch Telford revolutionised the use of cast Telford’s Menai Straits Bridge.
spans and the piers carry only the iron/wrought iron as a popular
vertical load if the spans are similar, material for arch bridges when he
resulting in thinner piers that reduced fully expressed its potential in 1796,
waterway blockage and pier scour. His by building the Buildwas bridge
pier width to span ratio were daring using only half the weight of cast
up to 1 in 12 as compared with 1 in 5 iron of the Coalbrookdale. From then
in his days. With France under the on, iron began to replace masonry
inspired leadership of Perronet, the arches as the choice material for
Menai Straits Suspension Bridge, Wales
rest of Europe could only admire and bridges. (1826) / 176 m suspended span
copy these great advances in bridge Wrought iron was further
building. It was even quoted today expanded into other bridge forms
that even with modern analysis, we such as the suspension bridge in the
Iron Truss Bridges
could not further refine Perronet’s 19 th century. The earlier notable
design. suspension bridges such as the Chain
Truss bridges had been used for
Bridge by James Findlay over the
centuries even before the Industrial
The Iron Age (Iron Arch And Potomac in Washington and Menai
Revolution in the 18th century. It
Suspension Bridges) Straits Bridge by Thomas Telford in
was during the Renaissance Age
England were early technological
when the truss system was
Iron was used as a material for pioneers for increasing bridge spans.
introduced. Its popularity as a
bridge construction during the Later in the mid 19 th century,
bridge form was limited due to the
Industrial Revolution in the late 18th wrought iron wire cables were used
use of timber as a material. It was
century to replace masonry. instead of wrought iron chains. The
only in the 19th century during the
Railway Ages in England and
America, where many bridges were
required to be built in a fast and
economical way that the truss was
fully exploited as the choice bridge
form.
The iron bridges were eventually
phased out as many iron bridges
suffered some of the worst failures
and disasters in the history of bridge
building, as the material is rather
brittle. The historical collapse of the
Tay Bridge in Scotland in the late
19th century marked the end of iron
bridge era.

Steel Arch And Truss Bridges


Cast Iron Arch Bridge, Coalbrookdale, England (1779) / 30.5m arch span
Due to the many failures of iron
bridges, steel was the natural
replacement material for bridges
when the process of bulk steel
production was perfected in the late
19th century. Steel opened the door
to tremendous advances in long
span bridge building technology.
The first bridges to exploit this new
material were in America, in the
Buildwas Cast Iron Bridge, Coalbrookdale, England (1796) / 30.5m arch span steel arch and steel truss form.

BULETIN INGENIEUR 44
feature
One of the earliest steel arch road
bridges in Malaysia is the majestic
1932 Sultan Iskandar Bridge spanning
the Perak River in Kuala Kangsar.
Running parallel is the older KTM
steel arch rail bridge, which however
is due for replacement under KTM’s
expansion plan.
The Sultan Ahmad Shah Bridge,
constructed in 1974 to span the
Pahang River in Temerloh, is one of
the earliest long span twin steel box
girder bridges.

Concrete Bridges
St Louis Steel Arch Bridge, Mississippi (1874) / 158.5m spans
Concrete was only used as a
The first steel arch bridge was the In Malaysia, most of the steel material for bridge construction after
St. Louis Bridge over the Mississippi bridges were constructed during the the development of steel, as it has to
river built in 1874, enabling long span pre-independence days, especially be reinforced with steel to give its
crossings to be built economically. during the railway age. These were ductility.
The economics of steel and its mostly either in the form of steel Robert Maillart, a Swiss engineer,
inherent strength led further to the beams or truss arches. was the key pioneer to build bridges
development of cantilever steel
trusses as an alternative to suspension
bridges where long spans are required.
The first of such bridges were the
Fraser River Bridge in Canada and the
famous rail bridge over the Firth of
Forth in Edinburgh, Scotland built in
late 19th century.
Apart from trusses, the steel was
also used to construct other bridge
forms for relatively short span road
and rail bridges. They were built
using a group of beams in parallel and
are connected at the top to form a Sultan Iskandar Bridge, Kuala Kangsar (1932)
roadway. These bridges were quick
and easy to assemble. However, they
were not efficient for longer spans
where the more rigid hollow box form
was a better solution. The hollow box
girder form was earlier recognised in
the Robert Stephenson’s Britannia
Bridge made of rectangular wrought
iron plates in the mid 19th century.

Forth Rail Bridge, Edinburgh (1889) / 521m


spans Sultan Ahmad Shah Bridge, Temerloh (1974) / 151m spans

BULETIN INGENIEUR 45
feature

In Malaysia, various bridges have


been constructed using the cast in situ
balanced cantilever method. The
second Malaysian-Singapore crossing
main span, Tanjung Lumpur Bridge in
Kuantan and Santubong Bridge in
Kuching are good recent examples.
However, one of the first cast in situ
concrete box girders to be constructed
in this country is the Sultan Abdullah
Zuoz R.C. Bridge, Engadin, Switzerland (1901) / 30m span Bridge near Jerantut, Pahang with
spans of 115m.
From the cast in situ segmental
construction, the technology was
further evolved into the precast
segmental construction method. One
of the earliest bridges using this
method was the Shelton Bridge (1952)
in New York City where the first
match-cast glued segmental box girder
construction in the world was
developed by Jean Muller with Eugene
Pont Annet P.C. Bridge, Paris (1950) / 73m span
Freyssinet.

with reinforced concrete in the 20th


century. One of the first reinforced
concrete bridges built by Maillart was
the Zuoz Bridge. Eugene Freyssinet,
Maillart’s contemporary, went on to
discover the art of prestressing and
gave the bridge industry one of the
most efficient methods of bridge
construction. Both these men were
great engineers and champions of
concrete bridges and have set the
trend for future developments in
concrete bridges – precast bridge
beams, concrete arches, and box Sultan Abdullah Bridge, Jerantut, Pahang, 115m spans
girders and segmental cantilever
construction. In Malaysia, one of the earliest In Malaysia, this method was first
In 1945, Freyssinet pioneered the concrete bridges is the FR1 Merdeka used in the construction of the Batang
use of prestressed concrete for the Bridge crossing the Sungai Muda in Kemena Bridge on the Bintulu-Tatau
construction of six single span bridges Kedah. The bridge has 13 spans of road, which is part of the Pan Borneo
in Paris with various 55m to 73m span reinforced concrete arch with a total Highway. This precast segmental
beams. This was the beginning of the length of 273m. The original bridge concrete box girder bridge consists of
acknowledgement of the power of was built before the Second World 11 spans with a total length of 457m.
prestressing in bridges. War. It was destroyed during the war The bridge was completed in 1983, and
and was reconstructed in 1957. was a precursor to the various
The next breakthrough in modern segmental construction of precast
concrete bridge construction is the segmental box girder concrete bridges
cast in situ segmental balanced for the STAR LRT, PUTRA LRT, the
cantilever method using travelling Malaysia-Singapore Second Link and
forms. Many bridges with spans in the Ampang elevated highway along
excess of 75m were constructed in the Klang River. All of these segmental
Merdeka Concrete Arch Bridge, Europe and since then, it has spread box girders were launched using
Kedah (1957) throughout the world. launching gantries.

BULETIN INGENIEUR 46
feature
without partial closing of the road progression for record breaking
below as compared with the suspension spans were to be
traditional cast in situ portals or the expected.
hammerhead piers. John Roebling’s pioneering of
The technique is even more steel strand spinning technology and
Batang Kemena Bridge, Sarawak (1983) elegant and economical than the compact wire strands led to his
earlier pier cross head construction record breaking 486m span Brooklyn
In 1998, the first match cast which was implemented for the KL Suspension Bridge in 1883 in New
precast concrete segmental box girder MRRII viaduct across Jalan Ampang York. Since then, the development
bridge, launched without travelling where the cross head was cast along of suspension bridges has progressed
gantries, was introduced for the the road median, then finally rotated at such a hectic pace with the current
Besraya Highway viaduct over the to position (sosrobahu method record now standing at 1,988m span
KL-Seremban Highway in Kuala developed in Indonesia). belonging to the Akashi Kaikyo
Lumpur. This new development led Suspension Bridge in Japan.
to a series of similar bridges to be built Modern Suspension Bridges In Malaysia, the suspension
economically using this technique in bridge form is scarce with the first
Malaysia. With the discovery of steel and road suspension bridge being the
its usage to replace wrought iron Sultan Ismail FR8 bridge in Kuala
cables in the 19th century, a natural Krai, Kelantan built in 1945.

Besraya KL-Seremban Highway Viaduct


(1998) Matchcast Precast Segmental Box
Girder launched with mobile cranes

The match casting technique was


further developed and pioneered by
the earlier Besraya viaduct contractor
to be used in other bridge elements
such as the segmental pier cross head
construction in the New Pantai Akashi Kaikyo Suspension Bridge, Japan (1998)
Expressway.
This new technique enables piers
for viaducts built over existing roads
to be constructed economically

New Pantai
Expressway
Viaduct (2003)
/ Matchcast
Segmental Pier
Head Sultan Ismail Suspension Bridge, Kuala Krai (1945)

BULETIN INGENIEUR 47
feature

Tatara Cable Stayed Bridge, Japan (1999)

Cable Stayed Bridges Sabah Bridge in Kota Kinabalu built As durability is now recognised as
in 1972. It has a total length of one of the main deterioration factors
The era of the cable stayed bridge, 140m with central span of 85m. in bridges, it is now JKR’s priority to
developed as an alternative to the The current record in Malaysia eliminate the need of as many
suspension bridge came after World for the longest cable stayed span is expansion joints as possible in bridges,
War Two. Franz Dischinger and Fritz being held by the Sri Saujana Bridge common among precast girder bridges.
Leonhardt were the early pioneers of in Putrajaya at 300m, overtaking the It is now JKR’s requirement for all
the modern cable stayed bridge with record held by the Penang Bridge for bridges that is less than 40m in length
the first one the Stromsund Bridge, 17 years in 2002. to be designed as integral bridges,
being completed in 1955 in Sweden. without expansion joints even at
Since then, many cable stayed Future Trends Of Bridge abutments.
bridges have been built around the Construction In Malaysia Another future trend is the use of
world. Some notable ones are the incremental launching as a method of
Lake Maracaibo Bridge in Venezuela, Common since the 1960s, constructing box girder bridges. This
The Sunshine Skyway Bridge, Florida, precast concrete is still the popular launching method is useful for
USA and the Pont de Normandie in choice of bridge form in Malaysia launching bridges over obstacles such
Brittany, France. The current longest for the majority of bridges. The bulk as ravines, busy highways or river/
cable stayed bridge with a main span of the biggest road building marine crossings. The first incremental
of 890m is the Tatara Bridge in Japan. programme in the 1990s, North launched bridge was used at the Sg.
In Malaysia, the first cable stayed South Expressway bridges are of Sitiawan Bridge in Perak in 1997. It
bridge to be constructed is Yayasan this form. proved to be a good alternative to
using travelling gantries for girder
launching and has now been adopted
in two current bridges under
construction in Bintulu and Sibu,
Sarawak.
In conclusion, bridges are always
built out of need but they function
more than just connecting two points
of land at the ends. The bridge
engineering profession at large is
always looking for new innovative
ways to enable the larger objectives
of mobility enabling and
enhancement to be met by society and
Yayasan Sabah Building Cable Stayed Bridge, Kota Kinabalu (1972) / 85m span humankind. Bridges will always be

BULETIN INGENIEUR 48
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Sri Saujana Cable Stayed Steel Arch Hybrid Bridge, Putrajaya (2002) / 300m span

required to blend in with our natural


environment, built with better
aesthetics, at lower cost, with
appropriate technology and with
many other requirements of an ever
demanding society.
The longest, the tallest, the most
graceful, the lightest are all adjectives
which challenge the minds of
engineers to better the profession
which already had a history of
thousands of years. We end with a
photo of the elegant Millau viaduct
currently under construction in
Sungai Sitiawan Incremental Launched Box Girder Bridge, Perak (1997)
France with its piers shown partly
hidden in the clouds, an appropriate
corollary to the ambitions of
humankind stated. BEM

Millau Viaduct Incremental Launched Cable Stayed Bridge, France (Under Construction)

BULETIN INGENIEUR 49
feature

The Role of Sewage Treatment


in Public Health
Series 2

By Ir Haniffa Hamid & M.Narendran, Malaysian Water Association

W
ater supply and sewerage is a commonly ● Type I - Water-borne Diseases
used phrase. However, in many developing Infections in this category spread through drinking
countries, “water supply” has higher water/food contaminated by excreta etc. Cholera, typhoid
priority over “sewage treatment”. Although and ascariasis fall in this category. When sewage is not
clean water supply helps improve health condition, sewage properly treated or disinfection is not satisfactory, such
treatment is as important because poor sanitation is the diseases can be spread. From poorly maintained on-site
cause of water contamination, which causes many types systems or from open defecation sites, such diseases can
of diseases. If sewage treatment is not appropriate, water- spread through groundwater flow or surface flow. Special
related diseases will spread to the human environment. attention should be paid when there is an outbreak of
In this write up, various types of diseases and the diarrhoea diseases epidemics because water can
transmission routes are described. The efficiency of sewage immediately disperse such diseases.
treatment, drainage management, the role of primitive
treatment and public health aspects of wastewater is also ● Type II -Water-washed Diseases
discussed. Diseases in this category are caused by the lack of
proper hygiene due to water scarcity. Example of such
HEALTH PROBLEMS RELATED WITH SEWAGE diseases are skin/eye diseases (due to the lack of water to
wash body) or lice/flea borne diseases (due to lack of water
Diseases Caused by Human Excreta to wash clothes). The main cause of outbreak of diseases
In human excreta, there are various types of diseases is the absence of water supply systems and clean water
- causing pathogens whose transmission routes and control sources and surface/ground is heavily polluted with
measures are quite different. The main biological wastewater. Sewage system is responsible for the
pathogens are virus, bacteria, protozoa and helminthes. protection of water resources to control water-washed
As for transmission routes, there are different types of diseases.
contamination from simple faecal-oral contamination,
water-borne route to complicated parasite infections. ● Type III - Water-based Diseases
Basically, faecal infection can be classified into six In this category, water provides the habitat for
categories as shown in Table I according to epidemiological intermediate host of parasites. One typical example is
features of such diseases. schistosomiasis. This disease is caused by the discharge
The transmission routes of above mentioned diseases of human faeces or urine where there are snails, which
are shown in Figure 1. Each disease has its own serves as the intermediate host.
transmission cycle from one patient to another, sometimes The construction of sewage system can prevent this
with water, soil, vectors or cattle in between. The objective disease by reducing the contact frequency between men
of sewage treatment is to cut these cycles and prevent and snails. Construction of concrete lined drainage will
disease transmission. Figure 1 also shows a “sanitary
barrier”, which includes various types of control measures.
For example, the barrier can be “hardware” such as the
provision of water supply and sewage treatment facilities
or chemicals. In areas where costly treatment are not
affordable, “software” such as health education or
community participation is essential to enhance the barrier.
Maintenance of drainage or tertiary wastewater collection
pipes sometimes requires the cooperations of users, which
helps reduce cost.

Water-related Diseases
Water related diseases could be classified into four
types depending on it’s transmission route. For the control
of each type of diseases, sewage treatment plays various
roles. A summary of preventive strategies of water-related Figure 1. Length and dispersion of transmission cycles of
diseases is shown in Table 2. excreted infection

BULETIN INGENIEUR 50
feature
Table 1. Environmental Classification of Excreted Infections
Category Infection Environment Major control measure
transmission focus
I. Active; low infective Ameviasis Personal Domestic Domestic water supply
dose Balatidaiasis Health education
Enterobiasis Improved housing
Enterovial Infections a Provision of toilets
Giadiasis
Hymenolepiasis
Infectious Hepatatis
Rotavirus Infection
II. Active-latent; Campylobacter infection Personal Domestic water supply
medium or high Cholera Domestic Health education
infection dose; Pathogenic scherichia Water Improved housing
moderately coil infection b Crop Provision of toilets
persistent; able to Salmonellosis Treatment of exceta prior to
multiply Shigellosis discharge or reuse
Typhoid
Yersiniosis
III. Inactive and Ascariasis Yard Provision of toilets
persistent no Hookworm infectrion c Field Treatment of excreta prior to land
intermediate host Strongyloidiasis Crop application
Tricuriasis

IV. Inactive and Taeniasis Yard Provision of toilets


persistent; cow or Field Treatment of excreta prior to land
pigs as intermediate Fodder application
host Cooking, meat inspection

V. Inactive and Clonorchiasis Water Provision of toilets


persistent; aquatic Disphyllobothriasis Treatment of excrete prior to
intermediate hosts (s) Fascioliasis discharge Control of animal
Fasciolopsiasis reservoirs
Gastorodiscoidiasis Control of animal reservoirs
Heterophyiasis Control of intermediate hosts
Metagonimiasis Cooking of water plants and fish
Opsthorchiasis Reducing water contact
Paraginimiasis
Schistosomiasis
VI. Spread by excrete- Bancroftion filariasis Various faecally Identification and elimination
related insects (transmitted by Culex pipiens) contaminated sites in Of suitable insect breeding sites
All the infection in I - V able to which insects breed
be transmitted mechanically by
flies and cockroaches
a. Includes polio-,echo-, and coxsackie virus infections
b. Includes enterotoxigenic, enteroinvasain , and enterooathogenic E. coil infections
c. Ancylostoma duodenale and Necator americanus

Table 2. Four Types of Water - related Transmission Route and appropriate Preventive Strategies.
Transmission route Preventive Strategies
Type I - Water-borne Improve quality of drinking water
Prevent casual use of unprotected
Type II- Water-washed (or water-scarce) Increase water quality used
Improve accessibility and reliability of domestic water supply
Improve hygiene
Type III - Water-based Reduce need for contact with infected water 1
Control snail populations 1
Reduce contamination of surface waters
Type IV - Water-related insect vector Improve surface water management
Destroy breeding sites of insects
Reduce need to visit breeding sites
Use mosquito netting
1
Applies to schistosomiasis only

BULETIN INGENIEUR 51
feature

contribute to control this diseases because the number of Centralised Sewage Treatment system also has the risk
snail hosts will be significantly decreased due to the high of such contamination. In conventional sewage treatment
water velocity in the improved drainage. systems such as activated sludge method, detention time
is not long enough to kill biological pathogens. Therefore,
● Type IV - Water-related Vector-borne Diseases chemical disinfection becomes a prerequisite to eliminate
The examples of this category are malaria and filariasis. the biological pathogens. If maintenance of disinfection
Such diseases are transmitted by mosquitoes, which is not enough, it may create health problems.
propagate in water. Provision of good drainage systems
as well as sewer system reduces the number of casual THE RELATIONS BETWEEN THE ENVIRONMENT AND
water pools, which contributes to the control of vectors PUBLIC HEALTH
such as mosquitoes.
Usually the main objective of sewage treatment is the
TYPES OF SEWAGE CONTAMINATION removal of contaminants to the environment such as BOD,
SS, T-N, T-P etc. and reduces the burden to the
● Groundwater Contamination and Diseases “environment”. However, another important aspect of
As for the primitive sewerage systems such as pour flush sewage treatment is the reduction of pathogenic agents,
and pit latrines, biological and chemical contamination may which affect “human health”. In areas where water-borne
occur when leachate is discharged to the ground. Biological diseases or infections are prevalent, such health aspects
contamination causes diseases as was already mentioned are far important that the environmental aspects.
in Table 1. Although biological contamination causes acute Disinfection of pathogenic micro-organisms is done
and severe illness, the influenced area by an on-site systems either by chemicals, temperature or time. In urban areas,
is not wide because the pathogens are trapped among soil common practice is to use chemicals such as chlorine
particles and die after certain period. Instead, chemical compounds disinfectants. This is the most reliable and
contaminant such as nitrate, are accumulated in soil and less land requiring measure. However, the operation and
remain for a long time. Groundwater which contains large maintenance cost for chemical disinfection is high. There
amount of nitrate may cause blue-baby syndrome when it are other disinfection methods using ultraviolet radiation,
is used in melting powdered milk and given to babies. ozonation etc. Most of them are costly and not appropriate
in developing countries except special places such as a
● Groundwater Contamination Caused by tourism complex.
On-site Systems Another way of disinfection is to kill microorganisms
Primitive systems are commonly used in rural areas by exposing them to certain high temperature for enough
where sewage system does not exist. These systems are time to kill them. The relationship between temperature
quick improvement measure to prevent diseases where and dying-off time is shown in Figure 2 (Feachem at al.,
there are open defection practice or unsanitary disposal 1983). The figure takes into account numerous data taken
facilities such as overhung latrines. However, primitive in the environment. This figure shows that the vibrio
sewerage systems become biological/chemical pollution cholera dies relatively soon at medium temperature but
sources when they discharge poorly treated wastewater ascaris eggs are viable for years at normal temperature.
to the environment. Some primitive treatment systems Some pathogens even multiply in the environment if
such as pit latrine or leaching pit discharge liquid into conditions are specifically good for their multiplication.
the groundwater. This figure is also applicable for sludge treatment such as
The behaviour of lechate from pit latrine differs anaerobic digestion or composting. If composting is used
depending upon permeability of soil, groundwater level as the sludge treatment method, compost pile should be
and flow direction. Well water contamination level is turned over so that all parts of sludge in the sludge compost
different according to the depth of groundwater intake pile should come into the center of the pile where
points and the condition of aquifers. temperature is high enough to kill pathogenic agents.
From the above discussion, it can be concluded that In conventional sewage treatment plants, treated
special attention should be paid to the following factors wastewater is normally disinfected with chemical such as
if on-site sanitation systems and shallow wells are closely chlorine compounds. However, in developing countries,
located. willingness to pay is very low for sewage treatment, which
- Distance between on-site sanitation systems and sometimes becomes a barrier to use chemical disinfection
shallow wells system. In such a case, disinfection should be done
- Condition of aquifer (confined or unconfined) considering temperature and detention time as shown in
- Depth of water intake point from well water Figure 2. If the availability of land allows a long detention
time and the ambient temperature and sunshine strength
● Contamination of Surface Water around the treatment plant are good enough for the
Sewage treatment without disinfection before treatment, chemical disinfecting is not necessary.
discharge, can be a biological pollution source. Even The relationship between detention time and removal
though disinfection chamber is equipped, it is often the efficiency for pathogens are shown in Figure 3 (Shuval,
case that there is no disinfectant in the chamber. This is 1990). From the figure, parasite eggs are considered to
partly because of users’ low interest in the protection of settle down within 8-11 days in the ponds. If detention
environment and partly because of low affordability. time in the ponds is long enough, they are almost removed

BULETIN INGENIEUR 52
feature
Figure 2. Influence of Time and Temperature on Selected Figure 3. Generalised removal curves for BOD, helminth eggs,
Bacterial and Helminthic Pathogens in Excreta and Sludge excreted bacteria, and viruses in waste stabilisation ponds at
(Feachem et al., 1983) temperatures above 20c (Shuval, 1990)

Table 3. Recommended microbiological quality guidelines for wastewater use in agriculture (WHO, 1989)
Category Reuse Exposed Intentinal Faecal coliform Wastewater treatment expected to
condition group nematodes b (geometic mean achieve the required microbiological
(arithmetic no. per 100 ml c quality
mean no. of
eggs per litre c <1000 (d)
A Irrigation of crops Workers <1 A series of stabilization ponds
likely to be eaten consumers, designed to achieve the
uncooked, sports fields, Public microbiological quality indicated, or
public parks d equivalent treatment
B Irrigation of cereal Workers <1 No standard Retention in stabilization ponds for
crops, industrial crops, recommended 8-10 days or equivalent helminth and
fodder crops, pasture faecal coliform removal
and trees e
C Localized irrigation of None Not applicable Not applicable Pretreatment as required by the
crops in category B if irrigation technology, but not less
exposure workers and than primary sedimentation
the public does not
occur
a
In specific cases, local epidemiological, sociocultural and environmental factors should be taken into account, and the guidelines modified
accordingly.
b
Ascaris and Trichuris species and hookworms
c
During and irrigation period
d
A more stringent guideline ( 200 faecal coliform per 100 ml) is appriate for public laws, such as hotel lawns, with which the public may come
into direct contact.
e
In the case of fruit trees, irrigartion should cease two weeks before fruit is picked, and no fruit should be picked off the ground. Sprinkler
irrigation should not be used.

and treated wastewater becomes safe parasites. As the or ascriasis. The risk groups are the workers, such as
sludge residence time is very long in such ponds, most of farmers and fishermen, and consumers of crops. A
removed helminthes eggs die in the sedimentation in due microbiological guideline values recommended by WHO
course. As for bacteria, considerable decrease in coliform is typically shown in Table 3 (WHO, 1989).
is achieved through the treatment in the ponds. Normally,
such a long hydraulic/sludge residence time can only be CONCLUSION
achieved by waste stabilisation ponds. Treated wastewater
from such ponds can be discharged to the environment Sewage treatment has two essential roles, first to
without disinfection. Despite these merits, stabilisation protect public health and second to protect the
ponds are not used in areas where enough land is not environment. Trends and history around the world have
available. shown that the early provisions of sanitary facilities were
In many arid areas, sewage is used in agriculture or mainly health driven. This remains the same in many
aquaculture without appropriate treatment. However, if current developing and poor countries. The more
wastewater is not properly treated, it may cause serious developed and rich nations emphasise sewage treatment
health problems such as the outbreak of diarrhoea diseases more for environmental protection. BEM

BULETIN INGENIEUR 53
engineering nostalgia

Milestones in Malaysian Engineering:


Merdeka Stadium 1957

B U L E T I N I N G E N I E U R 56

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