ASSESSING THE LEGAL FRAMEWORK FOR FLOATING SOLAR PHOTOVOLTAICS IN MALAYSIA: OPPORTUNITIES AND CHALLENGES IN WATER LAW AND ENVIRONMENTAL REGULATION

Abstract

This study critically examines the legal framework governing Floating Solar Photovoltaics (FPVs) in Malaysia, identifying key opportunities and challenges within the current water law and environmental regulations. As FPVs emerge as a promising solution to the nation's land scarcity issues and renewable energy goals, their integration into Malaysia's legal and regulatory landscape remains underdeveloped. Through a doctrinal legal analysis, this research assesses existing statutes, including the Federal Constitution, Environmental Quality Act 1974, and state water enactments, alongside renewable energy policies such as the Renewable Energy Act 2011. The study highlights regulatory gaps, particularly the absence of comprehensive guidelines on water usage rights and environmental impact assessments for FPVs. Additionally, it explores the jurisdictional complexities arising from the shared governance of water resources between federal and state authorities. A case study of the Netherlands' regulatory approach to FPVs provides valuable insights for potential reforms in Malaysia. The findings emphasize the need for a coherent and supportive legal framework that addresses water rights, environmental protections, and jurisdictional coordination, fostering sustainable FPV development in Malaysia's renewable energy landscape.