Decree of the State Minister of Environmental Affairs No. 45/2005 on Guidelines on Formulation of Reports on the Realization of Environmental Management Plans (RKL) and Environmental Monitoring Plans (RPL)

32A GUIDELINES ON FORMULATION OF REPORTS ON THE REALIZATION OF ENVIRON MENTAL MANAGEMENT PLAN (RKL) AND ENVIRONMENTAL MONITORING PLAN (RPL) (Decree of the State Minister of Environmental Affairs No. 45/2005 dated April 5, 2005) THE MINISTER OF ENVIRONMENTAL AFFAIRS, Considering: a. that pursuant to Article 32 paragraph (1) of Govern ment Regulation No. 27 /1999 on Environmental Im pact Analysis, initiators of businesses and/or activi ties are obliged to convey reports on the realization of environmental management plan and environmen tal monitoring plan to the institutions in charge of the businesses and/or activities, institutions assigned to control environmental impacts and governors; b. that Artide 32 paragraph (1) does not regulate how initiators of businesses and/or activities should con vey reports on the realization of environmental.man agement plan and environmental monitoring plan; c. that in order to obtain legal certainty about format, scope and substances of reports on the realization of environmental management plan and environmen tal monitoring plan, it is necessary to stipulate a ref erence, which can become guidelines for realizing the reporting; d. that in connection with the matters in letters a, b and c, it is necessary to stipulate a decree of the State Minister for Environmental Affairs on Guide lines for Formulation of Reports on Realization of the Environmental Management Plan (RKL) and Environ mental Monitoring Plan (RPL); In view of: 1. Law No. 23/1997 on Environmental Management (Statute Book of 1997 No. 68, Supplement to Stat ute Book No. 3699); tal Impact Analysis (Statute Book of 1999 No. 59, Supplement to Statute Book No. 3838); 4. Government Regulation·No. 18/1999 on Management of Waste of Dangerous and Poisonous Materials (Stat ute Book of 1999 No. 31, Supplement to Statute Book No. 3815) as already amended by Government Regu lation No. 85/1999 on The Amendment to Govern ment Regulation No. 18/1999 concerning Manage ment of Waste of Dangerous and Poisonous Materi als (Statute Book of 1999 No. 190, Supplement to Statute Book No. 3910); 5. Government Regulation No. 41/1999 on Control over Air Pollution (Statute Book of 1999 No. 86, Supple ment to Statute Book No. 3853); 6. Government Regulation No. 74/2001 on Management of Dangerous and Poisonous Substances (Statute Book of 2001 No. 138, Supplement to Statute Book No. 4135); 7. Government Regulation No. 82/2001 on Management of Water Quality and Control over Water Pollution (Statute Book of 2001 No. 153, Supplement to Stal ute Book No. 4161); DECIDES: To stipulate : THE DECREE OF THE STATE MINISTER OF ENVIRON MENTAL AFFAIRS ON GUIDELINES ON FORMULATION OF REPORTS ON THE REALIZATION OF ENVIRONMEN TAL MANAGEMENT PLAN (RKL) AND ENVIRONMENTAL MONITORING PLAN (RPL) Article 1 2. Law No. 32/2004 on Regional Administration (Stat- Referred to in this decree as: ute Book of 2004 No. 125, Supplement to Statute a. Environmental Management Plan (RKL) shall be a Book No. 4437); program for overcoming serious and substantial im pacts on the environment, which arise from busi 3. Government Regulation No. 27/1999 on Environmen- ness and/or action plan/;. Business News 7381/30-6-2006 b. Environmental ..... . b. Environmental Monitoring Plan (RPL) shall be a pro gram for monitoring environmental components af fected by serious and substantial impacts, which are attributable to business and/or action plans. c. Initiator shall be individual or statutory body respon sible for a business and/or action plan to be realized. Article 2 (!)Guidelines regulated in this decree shall aim at en suring the uniformity of reporting format in the real ization of the Environmental Management Plan (RKL) and Environmental Monitoring Plan (RPL) so as to be able to create legal certainty and usable as sub stances of evaluation in stipulating policies on envi ronmental management. 33A (2)Technique and methodology of management and monitoring used in the realization of the Environ mental Management Plan (RKL) and Environmental Monitoring Plan (RPL) shall be realized in accordance with the standard technique and methodology or those regulat~d in legislation in force. · Article 3 (!)Guidelines on formulation of reports on the realiza tion of the Environmental Management Plan (RKL) and Environmental Monitoring Plan (RPL) shall be as contained in the attachment and become part in separable frqm this decree. (2)The guidelines as meant in paragraph (1) shall be used by initiators or businesses and/ or activities for reporting to the institutions interesting in the envi ronmental management. (3)The guidelines as meant in paragraph (1) shall con stitute the minimum requirements in reporting the realization of the Environmental Management Plan (RKL) and Environmental Monitoring Plan (RPL) and can be developed in accordance with the realized businesses and/or activities. Article 4 With the enforcement of this decree, Decision of the Head of the Environmental Impact Controlling Board No. 105/1997 on Guidance for Monitoring the Re alization of the Environmental Management Plan (RKL) and Environmental Monitoring Plan (RPL) shall be de clared null and void. Article 5 The decree shall apply effectively 6 (six) months as from the date of stipulation. Stipulated in Jakarta On April 5,2005 THE STATE MINISTER OF ENVIRONMENTAL AFFAIRS Sgd IR. RACHMAT WITOELAR Editor's Note : The attachment is not obtained. ===(R)===