Decree of the State Minister of Environment No. KEP-11/MENLH/3/1994 on the types of business or activity subject to an environmental impact analysis

2. Law Number 5 of 1990 on the Conservation of Bionatural Resources and Their Ecosystem (State Gazette Number 49 of 1990, Supplement to State Gazette Number 3419);

3. Law Number 24 of 1992 on Spatial Layout (State Gazette Number 115 of 1992, Supplement to State Gazette Number 3501);

4. Government Regulation Number 20 of 1990 on the Control of Water Pollution (State Gazette Number 34 of 1990, Supplement to State Gazette Number 3409);

5. Government Regulation Number 51 of 1993 on the Analysis of Impact on the Environment (State Gazette Number 84 of 1993, Supplement to State Gazette Number 3538);

6. Presidential Decree Number 23 of 1990 on the Environmental Impact Management Board;

7. Presidential Decree Number 32 of 1990 on the Management of Protected Areas; 1383 CAFI 61 / 26-5-1994.

8. Presidential Decree Number 44 of 1993 on the Position, Main Task, Function, Organisational Structure and Working System of the Office of State Ministers:

9. Presidential Decree Number 96/M of 1993 on the Establishment of the Sixth Development Cabinet. with due observance of 1. Letters of the State Minister of Environment/Chairman of the Environmental Impact Management Board to Ministers/ Heads of relevant Non Departmental State Institutes Number B-2335/MENLH/12/93 up to Number B-2347/MENLH/12/93 on the Proposed criteria of Activities Subject to an Environmental Impact Analysis;

2. Oral and written suggestions and views from Ministers/Heads of relevant Non Departmental State Institutes as meant in point 1 above. HAS DECIDED To stipulate THE DECREE OF THE STATE MINISTER OF ENVIRONMENT CONCERNING THE TYPES OF BUSINESS OR ACTIVITY SUBJECT TO AN ENVIRONMENTAL IMPACT ANALYSIS. Firstly The types of business or activity subject to an environmental impact analysis shall be as meant in Attachment I to this Decree. Secondly The types of business or activity which are excluded from Attachment I to this Decree but the location of the business or activity shares a common border with a protected area as meant in Attachment II to this Decree shall be subject to an environmental impact analysis. Thirdly The types of business or activity which are excluded from Attachment I to this Decree but can change the function and/or appropriation of a protected area as meant in the second dictum of this Decree shall be subject to an environmental impact analysis. 1384 CAFI 61 / 26-5-1994. Fourthly The types of business or activity which are excluded from Attachment I to this Decree but are located in a protected area as meant in the second dictum of this Decree after the appropriation of the protected area is changed according to the existing legislation shall be subject to an environmental impact analysis. Fifthly If in implementing this decree the responsible institute has doubts about the plan for a business or activity which is excluded from Attachment I to this Decree, the institute shall request confirmation in writing from the State Minister of Environment to determine whether or not the plan for a business or activity is subject to an environmental impact analysis. Sixthly The State Minister of Environment shall issue a decision to the proposal as meant in the fourth dictum. Seventhly The types of business or activity subject to an environmental impact analysis as meant in Attachment I to this Decree shall be wholly or partly subject to a review at least once every 5 (five) years. Eighthly This Decree shall come into force as from the date of stipulation and be subject to a review in case of errors in the future. Stipulated in Jakarta On March 19, 1994 THE STATE MINISTER OF ENVIRONMENT signed SARWONO KUSUMAATMADJA 1385 CAFI 61 / 26-5-1994. j\TACHMENT I A LIST OF ACTIVITIES SUBJECT TO AN ENVIRONMENTAL IMPACT ANALYSIS t: ). TYPES OF ACTIVITY SIZE I. THE MINES AND ENERGY SECTOR

1. General mining concession in the exploitation stage > 200 ha and/or Production : Coal > 200,000 tons/year Primary ore > 60,000 tons/year Secondary ore > = 100,000 tons/year - Minerals other than metal or minerals of group C > 300,000 tons/years Radioactive minerals, including procesing, mining and purification

2. Transmission > = 150 KV

3. Diesel-powered generator/gas-powered generator /steam-powered generator /steam-and gas-powered generator > = 100 MW

4. Hydro-powered generator of all types and sizes except solar-powered generator and direct connection

5. Geothermal-powered generator > = 55 MW

6. Electricity centre of other types > = 5 MW

7. Natural oil and gas exploitation

8. Refinary 9. ~atural oil/gas transmission > = 25 km II . THE HEALTH SECTOR

1. Hospital of class A

2. Hospital equivalent to that of class A or first class

3. Hospital > = 400 rooms

4. Special Hospital with complete and comprehensive service

5. Pharmaceutical industry producing the raw material of drug with a full process TIl. THE PUBLIC WORKS SECTOR

1. The construction of darn The height of inundation > = 15 m or the extent of inundation > = 100 ha :386 AFI 61 / 26-5-1994. -~_._------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TYPES OF ACTIVITY SIZE

2. The development of an irrigation area irrigated land > = 2,000 ha

3. The development of tidal swamps/lowlands > = 5,000 ha

4. The safeguarding of coast in major cities > 500,000 residents

5. The improvement of river in major cities > = 500,000 residents

6. Canalization/flood canal in major cities length > 5 krn or width > = 20 In

7. Canalization other than No.6 (coast, swamp etc.) length > = 25 krn or width > = 50 In

8. The construction of a toll road and flyover

9. The construction of highway length > 25 krn

10. The construction and betterment of a road with the length > 5 krn or widening of road using areas outside those size > 5 ha belonging to the road of major and metropolitan cities functioning as artery or collector

11. Garbage processing with an incinerator > 800 tons/ha

12. Garbage disposal with a landfill control system > 800 tons/ha

13. Garbage disposal with an open dumping system > 80 tons/ha

14. Disposal with a drainage system using canal in primary canal with major and metropolitan cities the length of >= 5 krn

15. Waste water The construction of a waste water disposal instalation for residence size > = 50 ha The construction of a sewerage system service> = 2,500 ha

16. The utilization of water from a lake, river, rate of flow >= 2 m3/ water source . second

17. The construction of public housing and residence > = 200 ha

18. The renovation of a city > = 5 ha

19. The construction of a high-rise building/flat height > = 60 In IV. THE AGRICULTURAL SECTOR

1. Shrimp/fish pond > = 50 ha

2. The reclamation of paddy fields in a forest area > = 1,000 ha

3. Annual crops plantation > = 10,000 ha

4. Seasonal crops plantation > 5,000 ha V. THE TOURISM, POST AND TELECOMMUNICATION SECTOR

1. Hotel > "" 200 rooms or > 5 ha

2. Golf course

3. Recreational park > 100 ha

4. Tourist resort VI. THE TRANSMIGRATION AND SQUATTER RESETTLEMENT

1. The plan for the construction of a transmigration site > = 3,000 ha Note : Iype of general transmigration for Food crop main undertaking and or plantation. Study xop:: : S/(P. 1387 CAFI 61 / 26-5-1994. ------------------------------------------------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - NO. TYPES OF ACTIVITY SIZE ------------------------------------------------------------------------------------ VII. THE INDUSTRIAL SECTOR

1. Cement industry (producing clinker)

2. Pulp and paper industry

3. Chemical/synthetic fertilizer industry

4. Petrochemical industry

5. Steel melting industry

6. Lead melting industry

7. Copper melting industry

8. Alumina industry

9. Steel alloy melting industry

10. Ingot aluminium industry

11. Pellet and sponge industry

12. Pig iron industry

13. Fero alloy industry

14. Industrial estate

15. Shipbuilding yard production > = 3.000 DWT

16. Aircraft industry

17. Integrated plywood industry including suporting facilities. such as glue industry

18. Arms, munitions and explosives industry

19. Primary pesticide producing industry

20. Dry-cell battery industry VIII. THE COMMUNICATIONS SECTOR

1. The construction of a railway network and its facilities length > = 25 km

2. The construction of subway

3. Ports of classes I, II and III and their facilities

4. Special port

5. The reclaimtion of coast > = 25 ha

6. The dredging of sea volume> = 100,000 m3

7. The working territory (area) of port

8. Airport and its facilities IX. THE TRADE SECTOR

1. Trade centre/relatively concentrated shopping > = 5 ha or the centre size of building > = 10,000 m2 X. THE DEFENCE AND SECURITY SECTOR

1. The construction of a munitions warehouse Munitions warehouse

2. The construction of a naval base of class A, B, C 1388 CAFI 61 / 26-5-1994. !.i::",... TYPES OF ACTIVITY SIZE -" __ .a._.. ---------------------------------

3. The construction of an air base of class A, B, C or of the equivalent class

4. Military exercise ground/artillery range > = 10,000 ha Xl. THE NUCLEAR POWER DEVELOPMENT SECTOR

1. The construction and operation of nuclear reactor - Power reactor - Research reactor > = 100 kwt

2. The construction and operation of non-reactor nuclear installation Nuclear raw material manufacturer production > = 50 elements-fire/year Radioactive waste treatment all installations Iradiator, source activity > = 1,850 TBg (5,000 Ci) The production of radioisotop for all installations XII. THE FORESTRY SECTOR

1. The development of a safari park > 250 ha

2. The development of a zoological garden > 100 ha

3. Forest concession (HPH)

4. Sago forest concession

5. Timber estate concession

6. Nature tourism inside the nature recreational park, hunting park, marine park, national park and grand forest park XIII. THE HAZARDOUS AND TOXIC SUBSTANCE CONTROL SECTOR The disposal, procesing facility of hazardous and toxic waste. XIV, THE INTEGRATED/MULTISECTO~~ ACTIVITY SECTOR The business or activity consisting of more than one activ~ties is subject to an interelated environmental impact analysis involving the authority of more than one responsible institutioDli and is within the unit of the spread of ecosystem. 1389 CAFI 61 / 26-5-1994. ATTACHMENT II A LIST OF PROTECTED AREAS The protected areas as meant in the elucidation of Article 7 paragraph (1) of Law Number 24 of 1992 on Spatial Layout and Article 37 of Presidential Decree Number 32 of 1990 on the Management of Protected Areas shall be as follow :

1. Protected forest area

2. Peaty area

3. Water catchment area

4. Coastal plain

5. River plain

6. Areas near a lake/darn

7. Areas near a water source

8. Wildlife reserves (consisting of nature preserves, wildlife reserves, recreational forest, plasm germ protection area, and wild animal evacuation area)

9. Marine nature preserves and other waters (including marine waters inland waters, coastal area, estuary, a group of coral or coral reef, and atoll having typical characteristics in the form of a diverse and/or unique ecosystem).

10. Mangrove-covered coastal area

11. National park

12. Grand forest park

13. Nature recreational park

14. CuI tural and scientific preserves (including watery karst, archaeological site or valuable historical heritage)

15. Natural disaster-prone area. 1390 CAFI 61 / 26-5-1994.