Government Regulation No. 43/2008 on Ground Water

17A GROUND WATER (R I. Government Reaulation No. 41 YeMr 200R, datad May 23, 2008) WITHTHE BLESSING OF TIlE ONE AND ONLY GOD "JHl:PRl:SlUl:N I OF·1 Hi: REIJUI:SLIC Of INDONESIA Considering: That in order to executeprovisions of Article 10, Article 12 paragraph (3), Article 13 paragraph (5), Article 37 paragraph (3), Artide 57 paragraph (3), Article 58 para graph (2), Article60, Article69, and Article76 of Law No. 7 Year 2004 concerning Ground Water~I~S, it i<; nec essary to stipulatea Government Regulation on Ground Water; In view of: 1. Artlcle 5 peraqraph (2) of the 194J Constitution of the Republic Of Indonesia (BN No. 7152 pages 14A· 23AJi 2. Law No.7 Year 2004 (BNNo" 7077pages16A-3.2A andso on) concerning WaterResources (R.!. Statute BookYear 2004 No.32, Supplement to R.I. Statute Book No.4377); DECIDES: Tostipulate: GOVERNMENT REGULA110NON GROUND WATER a-tAPTERI GENERAl PROVISIONS Article 1 In thisGovernment Regulation, what Is meantby: 1. Ground water is water existing in groundor rock lay ers unaergroUnd surrace, Business News 7780-7781{3-4-2009 2. Aquiveris a rock layersaturatedwith groundwater in a sumclentandeconomic volume. 3. Ground water basin is an area bordered by hydrogeologyborders, a place whereall hydrogeology events occur, suchas the process of addition, Row and release of ground water. 4. Ground water supplementarea isa water absorption area able to add ground water naturally to ground w"ter hi:l<:in<; 5. Ground water release areaisan area where ground water isdischarged naturally to ground water basins. 6. Technical recommendation isa technical requirement havlnqa binding nature in the provision of permit for ground water use or permit fur ground weter exploit<=l ton, 7. Ground water management is an effort on the plan ning,executing, monitoring,evaluating ofgroundwa ter conservation, ground water utilization, andcontrol ofground water destructivepower. 8. Ground waterinventorying isanactivity to obtain ground water dataand information. 9. Ground water conservation isaneffort to maintain the existence and contmuitvof the condition, natureand functionsof ground water soasto bealways available in an adequate quantity and quality to meet the re quirernents of living species, both at present and in thefuture. 10. Ground water utility is an effort to administerthe or der of usage, supply, use,development, andexploita tion of ground water at an optimum effectively and ~mcl~nUy. 11. Control ..... 18A 11. Control of ground waterdestructive powerisaneffort to prevent, to tackle, andto restorethe qualityof the environment damaged by ground water destructive power. 12. GruuIJd wdl~ drjJJjIlY 1:> an dclivlty to make ground water artesian wells carried out in accordance with technical guidance asmeans for explorations, taking, use and exploitation, monitoring, or adding ground water: 13. orouoc waterdigging ISanactivityto makedugwells, waterchannels, andwater tunnels to get groundwa ter,carried out inaccordance with technical gUidance as means for explorations, takfng, useandexploita tion, monitoring, oradding groundwater. 14. Right of water usage rrom me unnzanon or grouna water isa rightto get anduseor exploitground water for various necessities, 15. Right to use waterfromthe utilization of ground water is the right to get andusegroundwater; 16. Rightto exploit water tram the uuuzation of ground water is the right to get andexploitground water. 17. Permit forthe use of groundwater isa permitto ob tain a rightto usewaterfrom the utilization of ground water. 18, Permit for theexploitation of ground water isa permit to obtaina right on the usage of water from the utlll zation of ground water. 19. Business entity isan entity,either in the form of legal entityor non-legal entity. 20. Minister is the Minister whose duty and responsibility is in the field of groundwater. 21. CF:'ntral (.;nvernment, hereinafter referred to asGov ernment,is the President of the Republic of Indone siaholding government authority of the Stateof the Business News 7780-7781/3-4-2009 Republic of Indonesia asmeant in the 1945 Constitu tion of the RepUblic of Indonesia. 22, Regional Government is the Governors, regents or mayors, andregional apparatus asexecution elements of the Regional Government. Article 2 Water resources include groundwater managed comprehensively, integratedand having a liVing environ merit vlslon for 1I1~ purpose of reallzlnq a connnuous wa ter benefitfor the prosperity of the people at a maximum. Artide 3 (1) Ground water referred to in Article 2 shall be man aged with a prtncrpte uf Integritywith surrace water, (2) Provisions on surface water referred to in paragraph (1) shall be regulated ina separate Govemment Regu lation. CHAPTER II BASIS OFGROUND WATER MANAGEMENT PartOne General Article 4 The management Ofgrounawater rererred to m Article2 shall be based on groundwater basins executed based onthe policy andstrategy of ground watermanage ment. r'art IWO Ground WaterManagement Policy Artide 5 (1) Policy on ground water management referred to in Article4 isaimedasa directionin the performance of ground.....,.... 19A ground water conservation, utilization, control of ground water destructive power, and ground water information system compiled by taking intoaccount the condition of local ground water. (2) Policy on ground water management referred to in paragraph (1) shall be compiled and stipulated inte grated withIn tile policy011 water resources rnanaqe ment. (3) Policy on water resources management. Referred to in paragraph (2) consistof: a. national policyon water resources; b. policy on water resources management at prov incelevel; and c. policy on watsr resources management at regency! municipality level. (4) Policy on water resources management referred to in paragraph (3) is regulated in a government regulation on the management of water resources. Article6 (1) Policy on waterresources management. referred to in Article 5 paragraph (2) shall further be clarified in a technical policyon the managementof ground water. {l) Theteehnk:al pohcyon themanagementOfgrouncfwater referred to in paragraph (1) consists of: a. national technical poIiey on the management of ground water; b. provincial technical policy on the management of ground water.; and c. regency/municipality technical policyon the man agement of ground water. (3) TheMinister compiles and stipulates nationaltechni cal policy on the management of ground water by Business News nSo-n81(3-4-2009 referring to national policy on water resources menaqement referred to in Article ~ paragraph (3) letter a. (4) Thegovernorcompiles and stipulates provincial tech nical policyon the management of groundwater by referring to national policy on water resources man agement referred to in paragraph (3) and gUided by policy on water resources management at province levelas meant in Article 5 paragraph (3) letter b. (5) The regent/mayor compiles and stipulates regencyj municipality technical policy on the management of ground waterby referring to provincial policy on water resources management referred to in paragraph (4) and !Juided by policy on water resources management at regenCy / municipalitylevel referred to in Article 5 paragraph (3) letter c. (6) Compilation of technica I policy on the management of ground water by the Minister, governor, or regent! meyer referred to in paragraph (3), paragraph (4), and paragraph (5) shalt be executed pursuant to his/ herauthority thru a consultation with the public by in viting the participation of technical agencies and re latedcommunity elements. Part Three Ground WaterBasin Paragraph 1 General Article7 (1) Ground water basin asmeant in Article~ isstipulated with a Presidential Decree. (2) The groundwater basin referred to in paragraph (1) shallbestipulatedas: a. Ground, .... a. Ground waterbasin inone regency/municipality; b. Inter-regency/municipality groundwaterbasin; c. Inter-province ground waterbasin; and d. Inter-stategroundwaterbasin. (3) Stipulation of the ground water basin referred to in paragraph (2) is made based on criteria and proce rime nn thp stipulation of ground water basin. Paragraph 2 Ground WaterBasin Criteria Article8 Ground weter basin is stipuklted based on the fol lowing criteria: a. having a hydro-qeolootcal bordercontrolled by geo logica! condition and/or hydraulic condition of ground water; b. having a ground water supplement zone and release zonein oneground water formation system; and c. having oneaquiver system unity. Paragraph 3 Ground WaterBasin Stipulatlon Procedure Article 9 (1) The Minister compile:; 3 stipulation draft on Ground WaterBasin. (2) Compilation of the stipulation draft on Ground Water Basin ;sperformed thru: a. Identification of groundwater basin; b. Determmatlon or qround waterbasm borners; anti c. Public consultation (3) Further provisions onthecompilation of stipulation draft: on Ground WaterBasin referred to in paragraph (2) shall be regulated with a Regulation of the Minister. Business News 7780-7781/3-4~2009 20A Article 10 (1) Stipulation draft on Ground WaterBasin may be pro posed bythe governorand/or regent/mayor. (2) Stipulation draft on Ground WaterBasin referred to in paragraph (1) must be compiled thru the stages re ferred to in Article9 paragraph (2). (3) Prior to its submission to the Minister, the stipula tion draft on Ground Water Basin referred to in paragraph (2) must be consulted to the board or coordination forum of regional water resources management. ("I) In the event the board or coordination forum of re gionalwater resources management is not or not yet established, the stipulation draft on Ground WaterBa sin referred to in paragraph (3) shall be submitted di rectly to the Minister. (5) Based on the proposel referred to in pi:lragraph (1), paragraph (2), and paragraph (3) or paragraph (4), the Minister makes an evaluation. (6) Based on results of the evaluation referred to in paragraph (5), the Minister may reject or approve the proposal on the stipulation draft on Ground Water Basin. Article11 (1) StipUlation draft on Ground WaterBaSin, eithercom piled by the Minister as referred to in Article 9 para yr i:lpl, (1) or proposed by the governor end/or regent; mayor having been approved by the Minister asmeant in Article 10paragraph (6), shallbe submittedby the Minister to the National Water Resources Board for consideration. (2) Stipulation ..... (2) Stipulation draft on Ground Water Basin that had re ceived the consideration of the National Water Re sources Board referred to in paragraph (1) will besub mitted by the Ministerto the President for stipulation. (3) Ground water basin that had beenstipulated by the President shall then be a basis for themanagement of ground water by the Minister, governor, or regent! mayorinaccordance with his/herauthority. (4) Management ofgroundwateroutside of groundwater basins that hadbeen stipulated asmeantin paragraph (3) shall be regulated with a RegulatiOn of the Mlnlster. Article 12 Ground water basin that hadbeen stipulated may he re-reviewed if there are any physical changes of the related ground water basin and/or new data are found based on the criteria referredto in Article 8. PartFour Gmllnrl W<ttpr M<tn<tgpmpnt C;trategy Article13 (1) Strategy of the management of groundwater referred to in Article 4 constitutes a basic frame in the plan ning, performance, monitoring andevaluation of ground water conservation, utilization of ground wa~r; con trol of ground water destructive power at a ground water basin. (2) Thestrategyof the management of groundwater re ferred to in paragraph (1) shall be compiled andstipu kited integrated with the water resources management pattern of river zones. (3) Thewater resources rnanagementpattern referred to in paragraph (2) consistof water resources manage ment patternof river zones: Business News 7780-7781/3-4-2009 21A a. in one regency/municipality; b. inter-regency/municipality; c. inter-province; d. inter-state;and e nationally c;.trntpgir (4) Thewater resources management pattern referred to in paragraph (3) is regulated in a Government Regula tion on WaterResources Management. Article 14 (1) The water resources management patternreferred to inArticle 13 paragraph (2) shall furtherbe broken down into implementation strategiesof groundwater man agement. (Z) ImplementadOn strategy ror the managementofground water referred to in paragraph (1) shall be compiled and stipulatedfor eachgroundwater basin. (3) Implementation strategy of ground watermanagement referredto in paragraph (2) consist of implementation strategyfor the management of groundwater in: a. inter-province or inter-state groundwater basins; b. inter-regency/munidpality ground water basins; and c. groundwater basins inone regency/municipality Article 15 (1) Implementation strategyofground watermanagement shall be compiled based on data and information on: a. potentials of ground waterandhydro-geologic char acteristics of relatedground water basin; b. water requirementprojection for various necessi ties on the relatedgroundwater basin; and c. changes of ground water conomon and environ ment (2) Implementation ... (2) Implementation strategy of ground watermanagement contains: a. Purpose and targetsof ground watermanagement onthe related ground waterbasin; b. scenario chosen to achieve tile purposeand tar getsofground watermanagement; c. Basisof considerations used to choose and stipu latethe scenario referred to in letter b; d. Operational actiVities orsteps to perform theground watermanagement scenario. Article 16 (1) TheMinister compiles andstipulates an implementa tion strategy of ground watermanagement for inter province or inter-state ground water basins referred to in Artide 14 paragraph (3) lettera based ontechni cal pulic.y011 llCltioni:llground water manogemcnt, and referring towater resources management patternof related riverzones. (2) Thegovernor compiles andstipulates an implementa tlon strategy of ground watermanagement for inter regency/municipalityground water IJaSln referrea to inArticle 14 paragraph (3) letter b based ontechnical policy on provincia) ground water management and referring to water resources management pattern of related riverzones. (3) The regent/mayor compiles and stipulates an imple mentatiOn strategy ofground water managementwithin the regency/municipality ground water basin referred to in Article 14 paragraph (3) letter c based on the technical policy on regency/municipality ground water management, andreferring to water resources man agement pattern of related riverzones, BUsiness News 7780~7781/3-4-2009 (4) Compilation of the implementation strategies of ground water management by the Minister, governor, or re gent/mayor referredto in in paraqraph (1), paragraph (2), and paragraph (3) shall be performed in accor dance wIth hiS/her authority thru public CDnsulldtlon by induding technical agencies andrelated community elements. Article17 Implementation strategies of ground waterman agement referred to in Article16: a. shall be compiled based onguidance stipulated bythe Minister; b. conditioned for 25 (twentyfive)years in the future and may bereviewed if new dataand information arefound. Q-IAPTERID GROUND WATER MANAGEMENT PartOne General Article18 (1) Groum] water Hldlli::l~t:lIIellt~hall be performed based onan implementation strategy of ground waterman agement with the principle of balance between efforts ontheconservation andtheutilization ofground water. (2) Ground water management consists of activities on planning, execution, monitoring, evaluating of ground waterconservation, ground waterutilization, andcon trol of ground water destructive poWN. (3) In order tosupportground water management as meant in paragraph (2), the Minister;. governor, and regent; mayor are authorized to establish technical performer units in accordance with provisions of legislations. PartTwo....... PartTwo Planning Paragraph 1 General Artidp 19 (l)-PlanniRg;ofgroundwatermanagement shall be cern piIed.to, produce, a Groulld WlXer MaJlager:nent PI~n functioni/19 asgulclance anddi'fectionror acnvmes on the conservation, utilization,' and controlotqround waterdestructive power. (2)'The'Grotmd Water Management Plan referred to in paragraph (1) shall be compiled incoordination with water resources monogemcnt plon basedon river zones, and constitutes-a basis' for the compilation of groundwater management programs. (3) The groundwater management program referred to in paragraph (2) shall further bebroken down into ac tivity plans of qround water manaoement covering ex ecution plan onthe construction, operations andmain tenance of means at groundwater basins. Article20 Thegroundwater management plan referred to inArticle19 paragraph (2) is compiled using the following phases: a. inventorying ground water; b. stipulation of groundwaterconservation zones; and c. compilation andstipulationof groundwater manage mentplan. Paragraph 2 Inve~teryif1g Article21 (1) GrolJnd water illvt::l1luryilly refeued to in Article 20 let tera is performed to obtain data and informationof groundwater. Business News 7780-7781/3-4-2009 23A (2) Ground water dataand information referred to in para graph(1) covers: a. quantity andquality of groundwater; b. condition of the living environmentand potentiaIs related with ground water; c. ground water basins and meansonqroundwater basins; d. groundwater management institutions; and e. social economy condition of the community related with groundwater. (3) Ground water inventorying referred to in paragraph (2) shall be performed on every. groundwater basin. (4) Ground water inventorying referred to in paragraph (2) may be performedthru thefollowIng activities: a. mapping; b. investigation; c. research; d. explorations; and/or e. dataevaluation (S) Further provisions on inventorying activitiesreferred to in paragraph (4) shall be regulated with a Regula tion of the Minister. Article22 (1) The Minister, governor, or regent/mayor performs ground water inventorying activities inaccordance with his/herauthority. (2) The Mini:>tcr, governor, or' rcqcnt/rneyor may assign other parties in theperfonnance ofground water in ventorying activities referred to in paragraph (1), in accordance with his7her authority,. Alticle23 (1) Resultof inventorying activities carried out bytheregent! mayor rnust be reported to the Minister andgovernor. (2) Result ..... (2) Resultof inventorying activitiescarriedout bythegov ernor must be reported to the Minister with·copies to the regent/mayor. (3) Result of inventorying activities referred to in para graph (nand paragrapn (2) Shallbelong to the State. Paragraph 3 Stipulation ofConservatior! Zone Article 24 (1) Dataand informatieD beingthe result of inventorying activities referred to in Artide 23 shall be used as material for the compil",tion of arnund water ronser vation zones. (2) The ground water conservation zone referred to in paragraph (1) shallbe compiledand stipulatedby the Minister, governoror regent/mayorin accordance with his/her authority after performing public consultation by including technical agencies andrelatedcommunity elements. (3) The ground water conservation zone referred to in paragraph (2) contains prOVisions onconservaton and utilizationof groundwater in groundwater basn, (4) The ground water conservation zone referred to in paragraph(2) shallbe presentedin the fonn of maps dassified inm: a. ground water protection zone covering ground water additionalzone;and .b. ground walEr utilization zone covering safe,vul nerable, aitioaf and damaged zones. (5) Groundwater conservation that had been stipulated asmeantin paragraph (2) may be re-reviewed if there are changes on the quantity, quality, and/or ground waterenvironment'in the related groundwater basin. Business Newsn80-7781/3-4-2009 24A (6) Further provisions on the procedure of stipulating groundwaterconservation zoneasmeantin paragraph (2) shall be regulated with a Regulation of the Minis ter. Paragraph 4 Ground Water ManagementPlan Article 25 (1) Groundwatermanagement plan referredmin Article 20 letter c containsmain points of conservation, utili zation, andcontrol of ground water destructivepower prorJrams. (2) Ground water management plan referred to in para graph (1) shall be compiled by: a. prioritizing the use of surfacewater in the related river zone; b. based on the condition and environment ofground water within ground water conservation zone. (3) Ground water management plan referred to in para graph 1 consistofground water management planon groundwater basins located: s. Inter-provlnce or mter-stete; b. inter-regency/munidpalityi and c. Inone regency/municipality. Article 26 (1) The Minister compiles and stipulate ground water management plan on inter-province or inter-state ground water bac;jnc; as~nt in Article 25 paragraph (3) letter a based on the implementation strategy of groundwater managementon inter-province or inter stateground water basin asmeant in Article 16 para graph (1). (2) The ..... (2) The governor compiles and stipulate ground water management plan on inter-regencyjmunidpality ground waterbasins asmeantinArticle 2.5 paragraph (3) let ter b based onthe implementation strategy of ground water management on inter-regency/municipality ground waterbasins asmeantin Article 16 paragraph (2). (3) Theregent/mayor compiles andstipulate ground wa ter management plan ina regency/municipality ground water basin asmeantin Article 2.5 paragraph (3) let ter c based on the implementation strategyof ground water management on regency/municipality ground waterbasins in the regency/municipality asmeantin Article 16 paragraph (2), (4) Compilation of ground watermanagement plan bythe Minister, governor, or regent/mayor referred to in in paragraph (1), paragraph (2), andparagraph (3) shall be performed inaccordance with his/her authority thru public consultation by including technical agencies and related community elements. Article 27 Theground water management plan referred to InArticle 26: a. shall be compiled based onguidance stipulated by the Minister; b. shall consistof long term, medium term andsoortterm plan the period there-of depends on the approval of parties playing a rolein the planning for each related ground waterbasin; and c. may be re-reviewed in the ew,mt of changes in the implementation strategy of ground water management referred to in Article 17 letter b, Business News 7780-7781/3-4-2009 25A PartThree Execution Article 28 (1) Execution of thegroundwatermanagement planre ferredto in Article 19 paragraph (3) consist of perfor mance activities onconstruction, operations andmain tenence of conservation, utillzetlon and control of ground waterdestructive poweractivities. (2) Performance of construction, operations andmainte nance referred to in paragraph (1) shall be performed by the Minister, governor or regenVmayor in accor dance with his/herauthority byrefelling to theground water management plan of the related ground water basin. (3) In theperformance of theconstruction, operations and maintenance referred to in paragraph (2), the Minis ter, governor or regent/mayor mayassign other par ties, (-1) Other tha n by the Min lstcr, governor or regent!moyor rn, performance of construction,operationsandmain tenance referred to in paragraph (2) may becarried out bypermitholders, individuals andcommunities as ground water users for own interest. (5) Theperrormarce Ofconstrucnon, operations and main tenance referred to in paragraph (1) isto be made on ground water conservation zones, aquiver andother rock layers having effectson the availability of ground water in groundwater basins. Article29 (1) Penorm8nce of thl" construction r!='ferred to in Artid~ 28 isaimed to provlde means and infra-structures on ground waterbasins. (2) Performance .. (2) Performance of the construction referred to in para graph (1) shall be executed based on norms, stan dardsandguidance pursuant to provisions at legisla tions. Article30 (1) Performance of operations andmaintenance referred to in Article 28 isaimedto optimizeefforts on conser vation, utilization, controlof destructive power; and in fra-structures in qroundwater basins. (2) Execution of operations and maintenance consist of: a. Maintenance of groundwater basins: b. Operations and maintenance infra-structures in ground water basins. (3) Maintenance of ground water basins referred to in paragraph (2) letter a is performed thru preventive and/or repair activities of damages of aqutver and ground water. (4) Operations and maintenance of i Jra-structures in arollnrl watar hasins meant in naraoraoh (2) letter b consist of: a. infra-structure operations ongroundwater basins, covering activities on the arrangement, allocation and provision of groundwater; b. infra-structure mainten?lnre- on arnllncl water ba sins, covering preventive activities ondamages and/ ordeterioration of the functionof groundwater in fra-structures. Article 31 Further provisions onthe performance of construc tion, operations and maintenance referredto inArticle 28, Article29andArticle 30 shall be regulated with a Regula tion of the Minister. Business News 7780-7781/3-4-2009 26A PartFour Monitoring and Evaluation Article 32 (1) TheMinister, governoror regent/mayor, inaccordance with his/herauthority, shall performmonitoring on the performance of groundwater management. (2) The Minister, governor or regent/mayor may assign otherparties to perform the monitoring of ground water management referredto in paragraph (1). (3) Monitoring of the performance ofgroundwater man ogemcnt is carried out thru: a. observation; b. taking notes; c. recording; d. reviewof reports; and/or e. directobservation. (4) Monitoring of the perfonnance of groundwater man agement shall be made periodically according to re quuements. (5) further provisions onmonitoring procedure of the per formance ofgroundwater management shall be regu latedwith a Regulation of the Minister. Article 33 (1) TheMinister; governor or regent/mayor, inaccordance with his/herauthority, shall performevaluation on the performance or groundwater rnanaqerneut, (2) Evaluation on the execution of groundwater manage ment referred to in paragraph (1) shallbe madethru analysis andvaluation of monitoring results. Article 34 Results of the evaluation of the execution ofground water management shall be used as consideration basis for the enhancement of performance and/or to make re viewson groundwater management plan. Part Five ..... 27A PartFive Conservation Paragraph 1 General Artlcle3~ (1) Ground water conservation is aimed to maintain the continuitY of the presence, supportcapacity, andfunc tionsof groundwater. (2) Ground waterconservation meantinparagraph (1) shall be performed based on ground water management plan. (3) Ground water oonsevation meant inpa~ (1) ~hall be performed totally on groundwater basins covering ground water supplement areas and release areas, thru: a. Protection and preservation of ground water; b. Preservation of ground water; and c. Qualitymanagementand control of ground water contamination. (4) TheMinister, governoror regentjmayo~ in accordance with his/her authority, is obliged to perform ground water conservation actiVities by includingthe perno pationof the community. Article 36 (1) In order to supportqround water conservation activi ties, monitoringofground water shallbe performed, (2) Ground watermonitoring referred to in paragraph (1) is aimed to know changes of the quantity and quality and/or environmentof groundwater. (3) The monitoring of ground water referred to in para graph(1) shallbe performed on monitorlng we"s by methods of: Business News7780-7781/3-4-2009 a. measuring and recording the positionof ground water surface; b. examining the physicalnature,contentof chemi cal, biological or radioactive elements in ground wa~r; c. recording the amount ofground water used or ex plolted;andJor d. measuring and recording changes of ground water environment, suchasgroundsinking. (4) The monitoring of ground water referred to in para graph(3) besides to beperformed on monitoring wells, mayalso be performed on producingwells. (5) Result of the monitoringof groundwater referred to in paragraph (3) and paragraph (4) in the form of data records shall be a part of the national, province or regencyjmunidpalitygroundwater information system. (6) Result of the monitoringof groundwater referred to in paragraph (5) shall be used by the Minisler, governor or regent/mayor pursuant to their authority as sub stancefor the evaluation of the performance of con servation, utilization, and controlof groundwater de structive power. Article37 (1) The monitoring well referred to in Article 36 shall be used asmeansfor the controlof groundwater use. (2) The monitoringwell referredto in paragraph (1) must be provided and maintained by the Minister, governor or regent/mayorin accordance with hisfherauthority. Article 38 (1) The monitoring wells referred to in Article 36 para gr",ph (3) -;h<lll be conc;tnlrtPc'l in MOOrdanGewith the standard stipulated bythe Minister andplaced within a monitoringwell net. (2) The . (2) TheMinister, governororregent/mayor inacrordance with his/her authority stipulate monitoring well nets in each ground waterbasin based on: a. Geological and hydro-geotogical condition of a ground water basin; b. Spread of production wells and intensity ofground watertaking; and c. Requirements forthe control ofground wateruse. (3) Further provisions on monitoring well net meant in paragraph (1) snailbe regulated wltn a RegulClUon of the Minister. Paragraph 2 Protection and Reservation Article 39 (1) Protection and reservation of ground water referred to in Article 35 para!]raph (3) letter a is ffi@~nt to prn ted and reserve thecondition, environmentandfunc tion ofground water. (2) In order to protect and reserve ground water as meant In paragraph (1), the Minister, governor or reqent/rneyor, in d1,;l,.Uldam:e with his/her au thority, shall stipulate ground water reservation areas. (3) Performance of the protection and reservation of ground water eeferred to in paragraph (1) shall be executed by: a. maintaining the supportcapacity andfunction of grollnd water "l.IpplemPflt area; b. maintaining the support capacity of aqulver: and/ or c. restoring thecondition andenvironmentof ground waterincriticalzones anddamaged zones, Business News 7780-7781/3-4-2009 2BA Artide40 (1) In order to maintain the supportcapacity andfunction of ground water supplement areas as referred to in Article 39paragraph (3) lettera, thefollowing method thall be performed: a. securing the capability of ground water supple mentsj b. prohibiting drilling, digging orother activities within a radius of 200 (two hundred) meters fromthe lo Ullion of 5plings, and c. limiting the use of ground water, except for daily basicneeds. (2) Maintaining the support capacity of aquiveras re ferred to In Article 39 paragraph (3) letter b is per formed by controlling activities likely to msturo aquiver systems. (3) Re!it:oring the condition and environment of around water incritical zones anddamaged zones referred to in Article39 paragraph (3) letter b is performed with the following methods: a. prohibiting thetaking of newground waterandre ducing In stagcs the taking of new ground water in critical ground water zones; b. prohibiting the takingof ground waterin damaged ground waterzones; and C. creating artifICial supplements. Paragraph 3 Preservation Article 41 (1) Ground waterpreservation asmeant inArtide 35para graph (3) letterb isaimed to secure the existence and continuity of ground water. (2) Ground...•. 29A (2) Ground water preservation asmeant in paragraph (1) is performed with the following methods: a. economical use of ground water; b. increasing the capacity of ground water supple ments;and/or c. controlling the useof groundwater. (3) The Minister, governor or regent/mayor, inaccordance with his/her authority, shall motivate ground water users to exercise groundwater preservation. Article42 (1) Economy useof ground water as meant in Article41 paragraph (2) letter a is performed with the following methods: 6. using ground water effectively and efficiently for various requirements; b. reducing the useof, re-using, andrecyding ground water; c. takinggroundwater according to necessities; d. usmg groundwater as the last resort; e. providing incentives to performersof economical useof groundwater; f. providing dis-incentives to ground water squanderers; and/or g. developing andapplyinga tethnology on the eco nomical useof water. (2) Further provisions on the economical use of ground water referred to in paragraph (1) shall be regulated with a Regulation ofthe Minister. Article43 ( 1) IncreasIng tne capaciLy oryluund water supplements referred to in Article 41 paragraph (2) letter b is Business News7780-7781/3-4·2009 performedby increasing the numberof surface water to become absorption waterthruartificial supplements. (2) Further provisions on artificial supplement referred to in paragraph (1) shall be regulatedwith-aRegulation of the Minister. Article44 (1) COntrol on the use of ground water referred to In Ar ticle 41 paragraph (2) letter c is performedwith the followinomethods: a. maintaining the balance between supplement, flow and release of ground water b. applying permit systemon the useof groundwa ter; c. limiting the use of groundwater by still prioritizina the fulfillment of daily basic needs; d. regulating the location and depth ofaquiver sapping; e. regulating the distance between drilling wells or diggingof groundwater; f. regulaliny the tlt:IJU I of glound water drilling or dig ging; and g. applyinga progressive tariff on the useof ground water pursuantto consumption level. (2) COntrol on the useof groundwater referred to in para graph (1) particularlyshall beexercised on: a. parts of ground water basin where the taking of gmlJnd water is intensive; b. ground water release area undergoing degrada tion;and c. aquiver whereits groundwater isgreatlyexploited. (3) Furtherprovisions on the controlof groundwater use referred to in paragraph (1) and paragraph (2) shall be regulated with a Regulation of the Minister. Paragraph 4 ..... Paragraph 4 Quality ManagementandContaminaOOn Control Artide45 (1) Quality management and contamination control of ground water meant in Article35 paragraph (3) letter c ismeantto secureand restore groundwaterQuality in accordance withits natural oondition. (2) Quality management and contamination control of ground waterasmeantin paragraph (1) isperformed with the following methods: a. prevention of gl'tlUl'ld watercxmtamination; b. tackling ground watercontamination; and/or c. restoration of the qualityof contaminated ground water. Business News 7780-7781/3-4-2009 30A (3) Further provisions on qualitymanagement andcon tamination controlofgrouncl water referred to inpara graph (l) shall be performed in accordance with pro visions of legislations in the fieldof living environment. Artide46 Inorderto prevent ground water contamination, ground water users mustclose aU drilledwellsor dug wells where the quality of.its ground water had been contami nated. part Sjx......." ........ ( To be continued ) ===(0 )=== as ..... 12A GROUND WATER (R.I. Government Regulation No. 43 Year 2008, dated May 23, 2008) [Continued from Business News No. 7780-7781 pages 17A-30A] Part Six utilization Paragraph 1 General Article 47 (1) The utilization of ground water is aimed to make usa of groundwaterby prioritizing the fulfillmentof daily basic requirements of thecommunity jUstlyandcon tinuously. (2) The utilization of ground water shall be performed based on a ground water management plan; (3) The utilization of ground water referred to in para graph(1) shall be performed thru: a. Orderof usage b. Supply; c. Usagej d. Development; and e. Exploitation. (4) In the utilization of groundwater, the Minister, gover nor or regent/mayor in accordance with his/her au thority, must Include the community. Paragraph 2 Order of Usage Artide48 (1) Orderof usage of ground water asmeantin ArtICle 4/ pa.ragraph (3) letter a is aimed to stlpulete ground water utilization zones andground waterallotmentin ground water basins compiled based onground water conservation zones. Business News 7783/3-11-2009 C') ~~rulltmon of ground WMerutilinmonmn~ ls made by takinginto consideration: a. spread andcharacteristics of aquifers; b. hydro-geology condition; c. groundwater inventorying andcondition; d. gmunrl w;m.r protection zone: e. water requirementfor the publicandfor develop ment; f. data and information of inventorying results on ground water basins: and g. av.llilability of surface water. (3) Thegroundwater utilizationzone referredto in para graph(1) constitutes as reference for the compilation of plans ondrilling, digging,use, exploitation, andde velopment of ground water, aswell asthe compilation of regional 5patiallay-out plan. (4) TheMinister, governoror regent/mayor in accordance with his/herauthorityshall stipulategroundwater uti lizationzones as referred to in paragraph (1). (5) The stlpulatlon of ground water utilization zones re ferred La in paragraph (4) 5hall be made by paying due attention toconsideration of the water resources management coordination forum for the relatedriver zones. (6) In the event a water resources management coordi nation forum for tne related river zone has not yet beenformed, the stipulation of ground water utiliza tion zoneisentitled to be madedirectly by the Minis ter, governoror regent/mayorin accordance withhisl herauthority. (7) Further . (7) Furtherprovision on the stipulationof the groundwa ter utilizationzone referred to in paragraph (4) shall be regulated with a regulationof the Minister. Article49 (l) The stipulationofgrotlnd water allotment referred to in Article 48 paraoraoh (1) is made bvthe Minister. governoror regent/mayor in accordance with his/her authority by amsidering: a. groundwaterquantity andquality; b. aquifer supportingcapadty againstground water I:aking; c. numberandspread of populace andrateofgrowth; d. projectedrequirement on ground water; and e. utiUzation ofexisting ground water. (2) The stipulationof groundwater allotmentof a ground wab?r has-in shall be coordinated by thp water re sources management coordination forum for related river zones. (3) In the event a water resources managementcoordi nation forum fora relatedriver zone hasnot yet been formed, the stipulation of ground water allotment is entitled to be madedirectly by the Minister, governor or regent/mayorin acrordancewith his/herauthority (4) TheMinister, governoror regent/mayorinaccordance with his/herauthorityshallperformcontrolon the ex ecution of proYi.5ions on ground water allotment ;0 the groundwater basinreferred to in paragraph (1). Paragraph 3 Supply ArtJde50 (1) The supply of ground water referred to in Article47 paragraph (3) letter b isaimedto meet requirements Business News 7783/3-11-2009 13A for water from the utilizationof groundwater for vari ousnecessities pursuantto its quantityandquality. (2) The supplyof groundwater inanygroundwaterbasin shall be performed in accordance with ground water order of useto fulfill at least the following: a. daiJy basicrequirements; b. peasants' farming; c. sanitationof the environment; d. industries; e. mining;and f. tourism. (3) The supply of ground water for daily basic require ments shall be the main priority above all other re quirements. (4) Provision ofground watershall be performed by observ ingthe continuity of exlsting supply of ground water. (5) The Minls.b?r; governnt or ~nt/rn~orin accordance! withhis/her authority shallstipulatea priority scale of the supplyof ground water. Artide 51 (1) Plan on ground water $upplyis to be compiled by ob serving the planon surface water supply in the related river zone. (2) Plan on ground water supplyreferredto in paragraph (1) shall be compiledby the Minister, governoror re gent;tmoyor in eccordence with his/her authority. Paragraph 4 Use Article 52 (1) TIle useofground Wi:1ter referred La In Article 47 para graph(3) letter c is aimedforthe utilization of ground water and infrastructureson ground water basins. (2) Use •...• (2) Use of ground waterconsists of theuse ofgroundwater andexploitation of ground water. (3) Use ofgroundwaterreferred to in paragraph (1) shall be executed in accordance withgroundwater orderof use and supply of g,.ound W4ler hclving been supu lated for agroundwater basin. (4) Use ofgroundwater referred to in paragraph (1) shall be perfonned by prioritiZing the utilization of ground waterfrom deepaquifers thetakingthere-ofshall not exceed the aquifersupporting capacityagainst ground watertaking. (5) Rate of ground water taking is determined based on: a. aquifersupporting capacity againstgroundwater takmg; b. condition and environmentofgroond water c. allocation of groundwater usefor future necessi tiesiand d. utilization of existing groundwater. (6) Furtherprovjsjon on the useof groundwatershall be regulated with a regulation of the Minister. 14A (4) further provision ondrilling or diggingfor groundwa ter shall be regulated with a Regulation of the Minister. Artide54 (1) TIle use of ground water rererrea to In ArtiCle52 para graph (2) Is an activity on the use of ground water aimed to fulfi" basic daily requirements, peasant fann ing,andnon-business activities. (2) The use ofgroundwater for peasantfarming referred to in paragraph (1) may only beperformed ifsurface water isnot enough. (3) Tha USf'! ofground watar referrM to In paragrAph {1) isentitled to beperformedafter possessing a right to usewater from the utilizationof groundwater. (4) Rightto use water fromthe utilization of ground water for non-businessactMties referredto inparagraph (1) con be: obtained with 0. permit issued by the regent! mayor for the useof ground water. (S) Permit for the useof groundwater referred to in para graph(4) can be issued to individuals} business enti ties, governmentagencies or social institutions. Article53 (l) Theuseof ground water referred to InArticle 52para a/'dph (1) i~ perf£lJ'n'l£'d thru r1rilling or r1i!JrJin!J for groundwater. (2) Thedrillingor diggingfor groundwater referred to in paragraph (1) must take into account the type and nature of rocks, hydro-geokJgy, location andpotentials ofUJnldtTlllldlkm .SOUCl.es dntl tilt;' wnditkm of the sur rounding environment. (3) Thedrilling or digging referred to in paragraph (1) is prohibited tobe perfonned ingroundwaterprotection zones meantin Article24paragraph (4) letter a. Business N~s 7783{3-11-2009 Article 5S (1) P~rmit for right of W;:ItE!t usp from the utillzation of ground water is not required it if is for daily basic re quirements of individuals and peasant farming. (2) Rightof water usefrom the utilfzation of groundwater to meet dailybasic requirements for individuals meant in paragraph (1) is determined as follows; a. use of ground water from drilling wells haVing a diameterof less than two inches (lessthan5 em); b. useof ground water from wellsdug by the useof manpower; C. use ..... c. useof ground water less than 100m3 per family not using a centralized distribution sYStem. (3) Right of water use fromthe utilization of ground water to fulfill requirements of peasant farming meant in paragraph (1) isdetenninedas follows: a. The wellis located within the farming area, farftom residential; b. usage doesnot exceed two (2) liters per second perfamily in the eventsurface water is not5uffl cientjand c. rateof ground water taking does notdisturbdaily basic requirements of the local CDmmunity. Paragraph 5 Development Artide 56 (1) Thede\IeIopmentofground water inground waterbasin referred to inArticle 47paragraph (3) letterd isaimed to improve the utility of ground water functions to meet the supply of ground water. (2) Thedevelopment afground waterreferred to in para graph(1) isprioritized to meetdaily basic needs and peasant farming. (3) The development ofground welter rererred to in para graph (1) may be performed only as long as the po tentials of ground water still enable the Withdrawal there~of safely and not causing any damage to the ground waterandthe livingenVironment. (4) Thedevelopmentof ground waterreferred to in para graph (2) shall be performed based on ground water management pktn and region spatial I.:Jyout plan. eS) The developmentof groundwater referred to In para graph(2) musttake intoconsideration the foUOWing: Rusiness News 7783'3-11-2009 15A a. aquifersupporting capacity against ground water taking; b. condition andenvironment ofground water c.ground water protection zone; d. projected groundwater requirement; e. utilization of existing groundwater. f. Data and information of inventorying results of groundwater basin; and g. availability of surface water. (6) Thedevelopment of ground waterreferred to in para graph(3) shall be executed tnru the following activity phases: a. hydrogeology survey; b. groundwaterexploration thru geophysical survey andexploration drillingor diggingj c. exploitation drillingor digging; and/or d. construction of infrastructures for theutilization of ground water (7) Further provision on technical matters on the develop' mentof groundwater shall be regulated with a regu lationof the Minister. Paragraph 6 Ex.pklildlion Artide 57 (1) Ground water exploitation meant in Article 47 para graph(3) letter e is an activityon the use of ground water for business purposes aimed to meet require mentsof: 6. production raw material; b. utilization of potentials; c. business media;or d. aid material or production process f1' ~rn"nrl (2) Ground waterexploitation referred to in paragraph (1) is ~T'ltitl~ to be ealTiQd out as long as the supplV of groundwater for dailybasicneeds andpeasant fann~ lng of the local communityare fulfilled. (3) The exploitation referredto in paragraph (1) can be in the form of: d. ground water U5e at a certain location; b. aquifersapping from a certaindepth; and/or c. utilization ofground waterpowerat a certain loca OOn. (4) Groundwater exploitation mustobserve the following: a. plan onthemanagement ofground water; b. technical andeconomical feagbifity; c. social functinn of Oml1M walEr; d. preservation of gtound water conditionand envl ronment; and e. other provisions In acoordance with provisions of legislations. Article 56 (1) Ground waterexploitation may be executed after pos sessing a right for water use from the utilization of groundwater. (2) The right for water usefrom the utilization ofground water. referredto in paragraph (1) can be obtained thru a ground water exploitation pennit k;<;uerl by the regent/mayor. (3) The ground water expklitation pennit referred to in paragraph (2) may be issued to individuals or busi ness entities. ArtideS9 Ground waterexploitation penni is not required Business News 7783/3-11-2009 16.11. for follow-upwater and/or dtying (de-watering)for explo ration and exploitation activitiQS in the field of mining and energy. Artide60 TheMinister, governor, or regent/mayor, inaccor dance with his/her authority, stipulates the allocetlon of groundwater use onground water basins for the use or e1<ptoitation ofgroundwater. Part seven Destructive PowerControl Article 61 (1) Control ofgroundwater destructivepower isaimed to prevent and tacklesalt water intrusion, andto recover ground water condition due to saltwater intrusion, and to prevent, stop, or reducethe occurrence of ground 5inking. (2) The control ofgroundwaterdestructive power referred to in paragraph(1) isexercised by controllingground water taking andincreasing the amountofground water supplements to hamper or to decrease the rate of groundwater surfacesubsidence. (3) The Minister,. governor and regent/mayor shall exer rig> rontroJ ofground water destructive power. Article 62. (1) In order to prevent the saltwater intrusionas meant in Artide 61 paragraph (1), groundwatertaldng shall be limited in shore areas ~using disturbances on the equilibrium r:l thefresh watersurface andthesaltwater surface. (2) In ..... (2) In order to preventsalt water intrusion referredto in Artide 61 paragraph (1), it isprohibited to takeground waterat shore areas. (3) Recovery of groundwater condition dueto saltwater intrusion asmeant in Article61 paragraph (1), can be performed byqeating artifidal absorptions or injec tion well.;. in areas where its ground wat~ had !)e@n contaminated withsalt water. Artide63 (1) Inorder to preventgroundwatersubsidenceas meant in Article Gl paragraph (1), ground wZltertelking shell bereduced for holders of groundwater use permit or ground waterexploitationpermit on critical zones or damaged zones. (2) In orderto stop the occurrence of ground water sub sidence as meant in Artide 61 paragraph (1), ground watertaking mustbe stopped. (3) To rPdUCE': the: occurrenc.e ofground water subsid""nce referred to inArtide61 paragraph (1), artificial supple mentsmust becreated. Article64 rurther provision on control of ground water de structive power referred to in Article 61, Article 62, and Article53shall beregulated with a regulation of the Minis ter. Article65 In cases it endangers the enVironment, the Minis ter, governor. or re!]f?l"lt;maynr in ;:trC'Orrl;mrf> with hic:jhF'r authority shall take emergency actions as efforts in the controlofgroundwaterdestructivepower. BusinessNews 7783/3-11-2009 17A Article66 Everyground water user must repair the condi tionandenvironment ofground waterdamageddue to the use of ground water it performed by performing tackling activitieson salt water intrusion, and the recovery of salt water intrusioneffectsas meant in Article 62 and/or take actions to stop and reduce ground water subsidence as meant inArtide 63. a-tAPTERN PERMITS Part One Procedure to Obtain Permit Article67 (1) In ordertoobtain groundwater use permit or ground water exploitationpermit, the requestorshalfsubmit anapplication inwriting to the regent/mayor with cop iesto theMinisterandgovernot (2) The application referred to in paragraph (1) must be attached with: a, allotmentand requirement for ground water; b. plan on the performance of groundwater drilling ordigging; and c. Environment Man<:lgement efforts (UKL"'Upaya Pengelolaan Ungkungan) or Environment Monitor ingEfforts (UPL = Upaya Pemantauan Ungkungan), or Analysis on Environmental Impact (Amdal z: Analisis Mengenai Dampak Lingkungan) in accor dance with provisions of legislations. (3) In order to obtaingroundwater usepermitor ground w;:tter explcltation permit, the requestor shall be charged with permitretribution inaccordance with pro visions of legislations. Article68...•. Artide68 (1) Groundwater use permit or ground water explol tation permit is issued by the regent/mayor on con dition: a. on any inter-province ano Inter-state grOUnd water basin, after receiving a technical rec ommendation containing an approval of the Minister; b. on any inter-regenCY/munidpality ground water basin, after receiving a technical recommendation containing anapproval of the governor; c. on any ground water basin in the area of a re gencyjmunicipality, afterreceiving a technical rec ommendation containing an approval of the re gencylmunidpality service in charge of ground water. (2)1 heMinister, governor or service In charge of ground watermust givethetechnical recorr TJendation referred to in paraoraph (1) contair:ing anapproval or rejection to give the permit based on ground water conserva tion zones. (3) Thepermit referred to in paragraph (1) shalf contain at leastthe name andaddress of the requestor, loca tion point ofdrilling or digging plan, discharga ofground water use or exploitation, and provisions on obliga tionsand rights. (4) Copies ofthe permitreferred to in paragraph (1) must be submitted to the Minister and governor. Article69 Further provision on permits and technical rec ommendations shall be regulated with a regulation of the Minister. Business News n83/3~11-2009 18A Article70 (1) Every requestor for ground water use permit or groundwater exploitation permit taking groundwa ter in a large volume must perform ground water exploration. (2) Resultof the explorationreferred to in paragraph (1) shall be used asbasis for the planninq of: a. depth of groundwater drilling or digging; b. placement of filters in construction works; and c. discharge and quality of ground water to be uti lized. Arode 71 (1) Holders of ground water use permit or groundwater expJoitaOOn permitareentitled to perform ground water drillinganddiggingonlyat stipulated locations. (2) TIle ground water drilliny dl1d diyyilly referred to in paragraph (1) shall only be performed bygovernment agencies, individuals or business entitiesmeeting the qualification and classification required to perform groundwaterdrilling anddigging. (3) Thequalification and classification to perform ground waterdrillinganddigging referred to in paragraph (2) may be obtalned thru: a. certification of ground water drilling installation; and b. competence certificationof groundwaterdrillers. (4) Performance of the certification referred to in para grdfJll (3) I~tter CI end letter b is executed in accor dance with provisions of legislations. (5) Further provision onqualifICation andclassiFIcation re ferred to in paragraph (3) shall be regulated with a regulation of the Minister. Article72.......... 19A Articlen Period for ground water use pennit or ground water exploitation permit may be granted for three (3) years at the mostand extendable. Article73 (1) Extension of the permit referred to in Article72 shall be issued bythe regent/mayorafter receiving a tech nical recommendation containing approval referred to in Article68 paragraph (1) and paragraph (2). (2) In issuing the technical recommendation, the Minister, governor or service must observe: a. availability of groundwater; and b. ground watercondition andenvironment. Article74 (1) Theregent/mayor shall makeanevaluation on issued groundwater use permitsor ground water explolta ticn permits. (2) The evaluation referred to in paragraph (1) shall be performed commencing from the drilling or digging phase activities. Article75 (1) The evaluation referred to in Article 74 shall be made on thedischarge and quality of produced groundwa ter tore-stipulate the discharge to be used orexploited asstated in the permit. (2) The evaluation referred to in paragraph (1) shall be made based on reportson the resultof the execution of ground waterdrillinganddigging; (3) Report on the resultof the execution of groundwater drillingand diggingreferred to in paragraph (2) shall contain at least: Business News 7783/3-11-2009 a. lithography cross-section and well cross-sec tion; b. results of ground water physical and chemical analysis; c. resultof pumping test analysis on tapped aquifers; and d. draWing of well construction with constructions aboveit. PnrtTwo Obligations andRights of Permit Holders Article 76 Every holder ofgroundwateruse permitorground water exploitation permit hasthe right to obtain and use ground water in accordance with provisions stated in the permit. Article77 Every holder ofgroundwateruse permitorground waterexploitation permithas theobligations to: a. submita report on the resultof groundwaterdrilling end digging activities to the reqent/meyoi ; b. submit a reporton the discharge of use or exploitation ofgroundwatereach monthto the regent/mayor with copies to the Ministeror governor; Co install water metersat eachproducing wellon the use or exploitation of groundwater; d. build an absorption well at a location determined by the rpgf"ntjmayor; e. participate in the provision of ground water monitor ingwell; f. pay service costs on the management of ground wa ter; and g. report 20A g. report to theregent;lmayor jf Intheexecution ofground waterdrillingand di~qinq anddurinq the useand ex ploitation of ground water/ matters likely to endanger the environment arefound. Article78 (1) Every holder of groundwater exploitation oerrnit has the obligations to provide water as of at least 10% (ten percent) of the discharge limit of groundwater use or exploitation stipulated in the permit to meet dailybasic needs of the local community. (2) Technical matters (In the pyerut;nn of prnviding the, ground water referred to in paragraph (1) shall be regulated bythe regent/mayor. Part Three rcrmit Expirntion Article 79 (1) Ground wateruse permitor groundwaterexploitation permit shall expire if: a. validity term expired and extension there-of was b. permit was returned; or c. permit wasconfiscated. (2) Expiration of the ground water usepermitor ground waterexploitation permit referred to in paragraph (1) does not freethe obligations of permit holders to per form obligations not yet fUlfilled in accordance with provisions of legislations. CHAPTER V GROUND WATER INFORMATION SYSTEM Article80 (1) To~ul"lrortthe managementofground water; the Minj~tcr, Business News 7783/3·11-2009 governor and regent/mayor shall operate a ground water information svstem, (2.) The ground water information system referred to in paragraph (1) is a part of water resources in formation net managed in a data management center at nation, province and regency/municipal ity levels. (3) The ground water information system referred to in paragraph (1) covers data andinformation on: a. configuration of groundwater basin; b. hydrogeology; c. groundwater potentials; d. ground waterconservation; e. groundwater utilization; f, ground watercondition andenvironment; g. ground water control andsupervision; h. policy and arrangements in the aspect afgfOund water; and i. community socio-cultural end a.OllUlllY ddivilje) re latedwithgroundwater. Article81 The management of ground water information system isperformed thru the followingphases: a. datatakingandcollection; b. dete storage emuprocesslnq: C. datarenewal; and d. issuance and dissemination of dataandinformation. Artfde82 (l) The Minister, governor and regentjmqyor shall pro videgroundwater information to all parties havlnq in terestson grounrlw"tpr; (2) To ..... 21A (2) Toperformthe activitieson the provision of informa tion referred to in paragraph (1), allgovernment agen cies, organizations, institutions, individuals, and busi ness entities carrying outactivities related with ground water mustsubmitreportson the resultof their activi ties to the Minister, governorand regent/mayor. (3) Government agencies, organizations. institutions. in dividuals, and business entities carryingout activities relatedwith ground water are obliged to ensure the accuracy, truth, and timeliness of submitted informa tion. ("I) Further provision on ground water infonnation system shall be regulated with a regulationof the Minister. Q-lAPTER VI FUNDING ArticleS3 (1) Fundincz of Qround water management is stipulated based on factual requirements for groundwater man agement (2) Types of ground water management funding consist of: <:I. information system cost5j b. planning costs; c. performance of construction costs; d. operations andmaintenance costs;and e. monitoring, evaluation, andcommunityempower mentcosts. (3) Information system costs referredto in paragraph (2) letter a are costs requiredfor data taking and collec tion, data storage and processing, data renewal, and issuance anddissemination of data and information. Business News n83/3-11-2009 (4) Planning costs referredto in paragraph (2) letter bare costs requiredfor activitieson the compilation of tech nical policy, execution strategy, andgroundwaterman agementplan. (5) Consb-ucliun performence costs refer led to in para graph(2) letter c are costsfor the provision of means and infrastructures on ground water basin for conser vation, utilization, andprevention of groundwatersub sidence activities. (6) Operations and maIntenance costs referred to In para graph (2) letter d are costs for the maintenance of groundwater basinand operationsand maintenance costsof infrastructureson ground water basin. (7) Monitoring, evaluation, andcommunity empowerment costs referred to In paragraph (L) letter e are costs required to monitor and evaluatethe management of ground water, and costsfor the empowermentof the community in the management of groundwater. Article 84 (1) SOurce of budget to fund the activitieson groundwa ter management referredto in Artide 83can bein the form of: a. Government/regional governmentbudgetin accor dance with its authority; b. Private sectorbudget; c Rpvpnue of <;ptvi~pnf the managementof grOl md water. (2) The Government or regional government budget re ferred to in paragraph (1) letter a comes from: a. APBN (AnggaranPendapatan dan Belanja Negara State Revenue and Expenditure BUdget) to fund groundwater management activities on inter-prov inceand inter-state ground water basin; b. Provincial ..... 22A b. Provincial APBD (Anggaran Pendapatan danBelanja Daerah - Region Revenue and Expenditure Bud get) to fund groundwater management activities on inter-regency/municipality groundwater basin; c. Regency/municipality APBD to fund groundwater management on groundwater basin ina regency/ munidpality. (3) Theprivate sectorbudgetreferredto in paragraph (1) letter b originates from budge-t of the priv;ah> c:ertnr for its participation in the management of groundwa ter. (4) Service revenue ofground watermanagement referred to in paragraph (1) letter c is the fundcollected by the Govemment from pennit holdersto fund the perter mance of construction, operations and maintenance of ground water con~rvationactiviHpc;.. (5) SelVice revenue ofground watermanagement referred to in paragraph (4) is Non-Tax StateRevenue (PNBP:::: Penerimaan Negara Bukan Pajak). (6) Provisions on the calculation and procedure of PNBP collection referredto In paragrapn (5) snail be exer dsed in accordance with provisions of legislations. (7) Provisions on the managPlTlf"nt and use of PNBPfrom service revenue of ground water management shall be regulated witha regulation of the Minister. Artide85 Inthe eventof urgent requlrements ror me man agement of groundwater on inter-state, inter-province, inter-regency/municipality, and in a regency/municipality ground water basin, the management there-or shall be stipulated jointly by the Government, province regional Business News 7783/3-11-2009 government, regency/municipality regional government concerned in the form of cooperation. CHAPTERVTI EMPOWERMENT, CONlROLAND SUPERVISION PartOne Empovvelment Article86 (1) TheMinister, governor, or regent/mayor in accordance with his/herauthorityshallempower stake-holders to improve their performance in the management of groundwater. {2) The empowerment referred to in paragraph (1) shall be performed in the form of elucidations, education, training, nurturance, andacecmpanying. (3) Community groups on own-initiative canperform em powerment efforts for its own sake. (4) Empowerment carl beexerdsed in the form of coordi nated coopcrction between thc Government, provin cial governmentand regeocyjmunidpality government. PartTwo Control Artlde81 (1) The Minister, governor, or regent/mayor in accordance with his/her authoritY shallexercise control onthe use ofgroundwater. (2) The regent/mayorshallsubmit reports on the perfor mance of control on the use of ground water to the governorperiodicany with acopyto the Minister. (3) The govemor shall submit reports on the performance of controlon the use of groundwater to the Minister periodically. partThre~ PartThree Supervision Arlid~ 88 (1) Supervision on the management of ground water is aimed to ensure the conformity of the perfor mance of ground water management with legis lations particularly those concerning administra tive and technical provisionsof ground water man agement. (2) The superviston referred to in paragraph (1) shall be exercised by the Minister, governor andregent/mayor by including the participation of the community. Article89 (1) TIlt: Milli::.ler shall perform nurturanoe and supervision on the perfonnance of groundwater management at national level. (2) The governorshall perform nurturance and supervi sion on the perfonnance of ground water manage ment in his/herregion. (3) The nurturance and supervision referred to in para graph (1) and paraqraph (7) ..hall hP rarried nut nn the performance of: a. ground waterconservation; b. ground waterutilization; c. control of groundwater destructive power;and d. ground water Information ::.y::.lt:rll. (4) TheMinister or governor shall perform nurturance and supervision onthe use andexploitation of ground wa ter based on provisions set forth in the technical rec ommendation for the issuance of ground water use permitor ground water exploitation pennit bythe re gent/mayor. Business News 7783/3-11-2009 23A Article90 (1) The regent/mayor shall perform nurturance and su pervlslon on the performance of ground water man agement, particularly onthoserelated with provisions in the ground water use permit or the ground water exploitation permit. (2) The nurturance and supervision referred to in para graph(1) shall be carried out on; a. performance of groundwater drillinganddigging, U<;,f:I .:Inri nr P¥plnit.:ltinn nf grnllnrl wrttpr; b. activities that cancause damages to ground water environment; or c. performance of environmentmanagement, envi ronment monitoring andor analysis on environmen tal impact. Article 91 Further provisions on nurturance andsupervision technical matters ontheperformanceof ground waterman agement shall beregulated with a regulation of the Minister. GiAPTER VIII ADMINISTRATIVE SANCTIONS Article92 (1) The regent/mayor shall impose anadministrative sanc tion on anypermit holdervirnating the provisions re ferred to in Article 67, Article 70, Article 71, Article 77, or Article 78. (2) The administrative sanctions referred to in paragraph (1)may bein the form of: a. written warning; b. temporary cessation of all acnvittes: and c. revocation of permit. Article 93..... Article 93 (1) The administrative sanction in the form ofwritten warn ing referred to in Article 92 paragraph (2) letter a will be imposed on permit holders violating the provisions referred to in Article 67, Article 70, Article 71, Article 77, or Article 78. (2) The administrative sanction in the form afwritten warn ing referred ta in paragraph (1) will be imposed for three (3) times in succession for i:l period of one (1) month respectively. (3) Permit holders not performing its obligations after the end of the period of the third written warning referred to in paragraph (2) shall be subjected to a sanction in the form of temporary cessation of a11 activities. (4) The administrative sanction in the form of temporary cessation of all activities referred to in paragraph (3) shall be imposed for a period of three (3) months. (5) Permit holders not performing its obllqations of ter the end of the period of the temporary cessa tion of all activities referred to in paragraph (3) shall be subjected to a sanction in the form of permit revocation. CHAPTER IX TRANSrnONAlPROVISIONS Article 94 With the stipulation of tms Government RegUla tion, all permits related with ground water management havi ng been issued prior to the stipulation of th is Govern ment Regulation is declared as still in effect until the expi ration of its validity date. BusinessNews 7783/3-11-2009 24A CHAPTER X CLOSING PROVISIONS Article 95 By the time this Government Regulation comes to effect, Government Regulation No. 22 Year 1982 concerning Water Structure Regulation (R.I. Statute Book Year 1982 No. 37, Supplementto R.I. Statute Book No. 3225) is revoked and declared as not in effect. Article 96 By the time this Government Regulation com mences to come to effect, all legislations in the field of ground water constituting as execution requlation of Gov ernment Requlatlon No. 22 Year 1982 concerning Water Structure Regulation (R.!. Statute Dook Year 1982. No. 37, Supplement to R.I. Statute Book No. 3225) is declared as still in effect to the extent it is not contradictory to or a new execution requlation based on this Government Regulation has not yet been issued. Article 97 This Government Regulation commences to come to effect from the date of enactment. For public cognizance, this Government Regula tion shall be announced in the Statute Bookof the Republic of Indonesia. StipUlated ..... Stipulated inJakarta On May23, 2008 PRESIDENT OFmE REPUBLIC OFINDONESIA. Sgd OR, H.SUSILO BAMBANG YUDHOYONO Enactedil1J~karta OnMay23, 2008 MINISTER OF LAW AND IIUMAN RIGIITS OF THE REPUBllC OFINDONESIA Sgd ANDI MAlTALATTA Business News 7783/3·11-2009 25A STA11JTE BOOK OF THE REPUBUC OFINDONESIA YEAR 2008NO. 83 ELUODATION . (To be continued ) ==={0 )=== 5. Law........ 15A GROUND WATER (R.!. Government Regulation No. 43 Year 2008, dated May 23, 2008) [Continued from Business News No. 7783 pages 12A-25A] ELUCIDATION Of R.I. Government Regulation No. 43 Year 2008 Concerning GROUND WATER L GENERAL 1. Ground waterhasan importantrolefor the lifeand livingof the Indonesia people, because it functions asone of the dailybasic needs. Theavailability of ground water in Indonesia isquite abundant, however notineveryplace inacoordance with the geological condition and rainfalL Ground water is found under ground surface, on shorescattered up to belowsea bottom following the spread andcharacteristics ofsoilor rocklayers in groundwater basins. Ground watercanexist in saturated zones, unsat umted zones, or crevices and canals in the form of underground rivers in limestone areas. In the basin, groundwater can fill rivers, dams or likes, and likewise riVers, damsor likes can fill aqui fer.Therefore, the management of groundwater must be performed Integrated wiLh the meneqe mentof surface water. 2. An area can be called as a ground water basin only ifit meets the follOWing criteria: hydrogeology border controlled by geological condition and/or ground water hydraulic condition, having a re charge areaandgroundwater release area inone Business News 7784:{3-13-2009 ground water formation system; as well as pos sessing an aqUifer system unity. Based on the above criteria, in accordance with Article 12 Paragraph (2) of Law No.7 Year 2004 concerning Water Resources, groundwater basin are stipulated as basis for the management of ground water. Ground wotcr manaqement covers activities on planning, execution, Monitoring and evaluation on activities of conservation, empower ment, and control of ground water destructive power. These activities are aimed to realize the preservation, connnutty of the avarktbility dl IU uUI it)' of groundwater continuously. 3. Ground water management based ongroundwa ter basin, performed based on groundwater man agement policy andstrategy. Ground water man agement policy is compiled and stipulated inte grated in the water resources management policy ;>,t n;>,tional. l'ffiVirn:e as w~1 as regency J mun\d pality level. Ground water management policy shall further be broken down in technical policy on the management of groundwater compiled andstipu latedby the Ministe~ governor, or regent/mayor as directives for the technical management of ground water covering conservation, empowerment, con trol of control of ground water destructive power andgroundwater information system. 4. The regulating of groundwater management isdi recteoto realize a balance between tile conserve tion and utilizationof groundwater. The technical performance ..... performance of these activities is required to be adjusted to thecharacteristics of ground watercov ering the availability, spread, potentials covering ground waterqualityandquantityandthe environ ment of ground water. However, since its availabil~ ity in rocks wherethe formationthere-of isclosely related with geological processes, the management of ground water requlres arrangements based on geology andhydrQ-9eology norms, 5. The arrangement of gr....'mrl w~t.c>rI"nns.ervation is directed to support effortsto maintain the contlnu itvof theavailabilitv. supportcapacity and functions of aroundwater bv means of activitieson the pro tection and reservation of ground water, ground water preservation, and management of the qual ity theandcontrol of groundwatercontamination. Ground waterconservation efforts arecarried out to preventdamages to the condition and environ mentofground water likely to occur dueto ashrink ageofground water availability foJ'owed by a drastic sinking of ground water surface, and if permitted to continue, can cause negative impacts in the form of groundwater contamination, salt water intru~ sion, aridity, andgroundsinking. 6. The arrangement of ground water empowerment isdirected to supporteffortsto effectively andeffi~ ciently use ground waterona continued basis con tinuously, particularly to meet dailylifebasic needs, though it isnot closed to otherpossibilities such as fanning, environmental sanitation, indU5biE5, J1lj,,~ ing and tourism. Ground water empowerment is performed thruactivities on the administering, sup ply, use, development and expIDitationof ground water. However, since it is belowground surface, BUsiness News 7784/3~13-2009 16A withdrawalor exploitationfor utilization or useef forts requirea process asperformed in miningac tivitIescovering activitiesondiggIng or drilling, in stalling well construction, etc. 7. Basically, ground water has no such destructive potentials assurface water, however groundwater destructive power will occur if the condition and environmentof the ground wateraredisturbed, both due to withdrawing water exceeding its support capacity, contamination, and results of activities of nature. Considering that ground water exists be neath ground surface, damages to groundw~r cannotbe seen directly, hence ifexploited uncon trolled, it can cause a large negative impact, and therefore it will be difficult to perform rehabllita tion or recovery efforts. 8. The arrangement of ground water permit is di rected to bring into order the implementation of the right to usewaterfrom the utilization ofground water. 8a~k:olly, a ground water permit functtons as a legalization on the ownershipof the right to use water from the utilization of ground water.. The right to use water from the utilization of groundwater, to the extent it is to meetdaily ba sic needs for indiviliudls or fur peasant farming that are based on certain terms, may be obtained without any requirement for a permit. The right to usewater where the utilization of ground water is madethru ground water drilling, digging or the use there-or changes the conomon and envircn ment of groundwater and in a largevolume, must be obtained thru a permit. And so is the right to exploit water from the utilization of ground wa~ ter: it must be obtained thru a permit. 9. Technical, ..•. 17A 9. Technical recommendation is implemented on ground water permittmq to regulate its useas a conservation effort of ground water based on the ground watercondition andenvironment inground waterCOnservation zones, Technical recommends non is a technical requirement that is binding in naturegivento the regent/mayor in the issuance of ground water use permit or ground water ex ploitation permit. Permits: is:s:ued on ground water basins in a regenty / munidpality must be accorn panied with a technical recommendation from the local agency having the authority. Permits issued On an lnter-reqencv/munldpaltty ground water bestn must be eccornpentedwilli a technical recommendation from the govemor. Permits issued on inter-province or inter-state groundwater basin must beaccompanied with a technical recommendation fromtheMinister. 10. Grourld water information svstern regulation is di~ rected for the storage, processino. provision, and dissemination of ground waterdataandjnfolTI1atic'ln asaneffort to supportgroundwatermanagement. Ground water dataand informatiOn consists of the configuration ofground waterbasin, hydro-geology, ground waterpotentials, ground waterconservation, ground water util~tion,condition and environment ofground water, control andsupervision onground water, policies and regulations onground water, and social economy androlture activities of the commu nity related with groundwater. Such groundwater dataana Information are obtained from inventory ing activities, thru mapping, survey, research, ex ploration aswellasdata evaluation. Business News 7784/3-13-2009 11. Scopeofthe arrangement inthisGovernment Regu lation covers: stipulation of ground watermanage ment policy, stipulation of ground water basins, stipulation ofground water management ~tegy, ground water management, ground water infor mation system, andthe empowerment, control and supervision onground water management. JI, ARTIClE BY ARTICLE Article1 and Article2 self-explanatory Artide3 Paragraph (1) The principle of integrationof ground water with surface water inthis provision covers the performance ofconservation, empowermentandcontrol of ground waterdestructive power, by observing theauthority and tflsponc;ihiJity of the agency in eharge according to its primary duty andfunction. Paragraph (2) self-explanatory Article ... self-explanatory ArtideS Paragraph (1) Ground watermanagement policyisa decision that is fundamental in nature to achieve an objective, to oerform activitiesor to overcome certain problems in the ..... 18A the context of perfonning ground water manag~ment Paragraph (2) andParagraph (3) Self-explanatory Paragraph (4) Included in those regulated in the government regulation on the rnenaqernent of vvcter resources are, among others, policy compilation and stlpulatlon pro cess, pattern andmanagement plan ofwaterresources, asa reference inthe process of compiling andstipulat ingthe jXllicy, strategy, andmanagement plan ofground water. Paragraph (5) andParagraph (6) Self-explanatory Article8 Lettera "Hydro-geology border" is a physical border of ground water management area. Hydro-geology bordercan bein the formof a bor derbetween perforated rocks andnon-perforated rocks, ground waterseparator border, andborders formed by geological structures covering, among others, slope of rock layers, folds, and faults. Letterb "Ground water recharge" area is a groundwater protection zone, where-in ground water may not be utilized, whereas water release areais anareawhere it can beutiliZed in general. Letterc "Aquifer system" is an aquifer rnmposlrlon unit, including water proof rock layers existing there-in. Aquifercan be in an unconfined and/or confined con dition. Business News 7784/3-13-2009 Artide9 Paragraph (1) Self-explanatory Paragraph (2) Lettera Identification ofground water basin covers, tlmong others, surveyandevaluation activities on hydro-geol ogydata. Letterb Determination of ground waterbasin borders cov ers, among others, activities on the delineation ofground water basin border, making legends of ground water basin, naminggroundwater basin, and geometryde termination. Letterc Self-explanatory Paragraph (3) self-explanatory Articlel0 Self-explanatory Artlde 11 Paragraph (1) andParagraph (2) Self-explanatory Paragraph (3) Authoritymeans: a. For inter-province or inter-state ground water ba sin: the authorityof theMinister. h. For inter-regenryjmunidJ"l"'lity ground water basin: the authorityof the governor. c. Forgroundwater basin in a regency/municipality: the authority of the regent/ mayor. Paragraph (4) ........ Paragraph (4) Self-explanatoty Article12 Physical changes of groundwater basin canbe in thefonn of,among others, manges of bordersofground water basin and ofgovernment administration. Article13 Paragraph (1) Ground waterbasin strategyisa conceptual think ingon scenario and steps to achieve or accelerate the achievementofobjectives and targets stipulated inthe maneqement ofground wlltc::r. Paragraph (2) thru Paragraph (4) Self-explanatory Article14 andArticle15 Self-explanatory Article16 Paragraph (1) "Related river basin" is the place where-In the groundwater basin exists. Paragraph (2) "Related river basin" is the place where-in the groundwater basin exists. Paragraph (3) "Related river basin" is the place where-In the groundwater basin exists. Paragraph (4) self-explanatory Business News 7784/3-13-2009 19A Article17 Lettera Self-explanatory Letterb Re-review of ground water management strategy can be performed in the event otemonq others: 1. physical changes of ground water basin occur, 2. newdata on groundwater basinare found, 3. social economic changes occur. Article 18 Paragraph (1) self-explanatory Paragraph (2) Ground water to be managed covers groundwa ter Insaturatedzones, unsaturatedzones, and under ground rivers in limestoneareas. Paragraph (3) 5eU'-expJanatory Artide 19 and Article 20 Self-explanatory Article21 Paragraph (1) thru Paragraph (3) self-explanatory Paragraph (4) Letter a Ground water mapping hasthe purpose toobtain data onthe availability, spread and productivity of aqui fer, andcondition of the existence of ground water pre sented in theform of a map. Letter b..... Letter b Ground water examination has the purpose to obtaindata on theCDnditionaooemrironmentdground. water, among others, the configuration and parameter Ofaquifer, spread Ofrecharge area and waterrelease area,qualityandquantityof groundwater,and/or im~ pacts of water withdrawal. Letterc Ground waterresearch hasthe purpose to obtain more C1eUlllecI C1ata rrom the examInation Of ground water. Letterd Ground waterexploration has the purpose to ob taingroundwaterdata, among others, the spread and physical nature of roos containing ground water, qual~ ity of ground water, well construction, optimum ds charoe, depth ofaquifer. etc, throughgeophysical sur Yf!f, drilling, wefllogging, pumpingtests,and labora~ tory examination activities. Lettere Ground water evaluation has the plIrp:>se to know the soreed,Quality and Quantity d groundwater. Paragraph (S) Self-explanatory Article 22 Paragraph (1) self-explanatory Paragraph (2) What is meant by "other parties" areagencies or institUtions, both governmental and private, such as Indo nesia Science InstibJte (LlPI =L..embaga TImll Pengel:ahuan Indonesia), universities or business entities haVing the competence in the aspectof groundwater. Business News 7784/3-13-2009 20A Assignment ofother parties shall be made Inec cordance with provisions of legislations. Artide23 self-explanatory Article 24 Paragraph (1) thru Paragraph (3) Self-explanatory Paragraph (4) Letter a "Ground water protection zone" is the area that mustbe protected asa protectedzonedueto itsfunc tion on ground water is very important. Letterb "Ground water utilizationzone" is theareawhere its groundwatercan be utilizedasa cultiVation zone. Paragraph (5) andParagraph (6) setf-explanatory Article 25and Artide 26 Seif-explanatory Article 27 Lettera self-explanatory letterb Long term planning of ground water management is compiled for a period of 25 (twenty five) years at thP most. Medium term planningof groundwater manage ment is compiled for a period of 10 (ten) yearsat the most. Short. .... Short term planning ofground watermanagement iscompiled for a period of five (5) years at the most. letterc serr-explanatory Artide28 Paragraph (1) andParagraph (2) self-explanatory Paragraph (3) Wh"'t is maant by "other parti~s"are agenCies or institutions, bothgovernmental andprivate, suchas In donesia Science Institute (UPI = Lembaga Ilmu Pengetahuan Indonesia),universities or business enn ties having the competence in the aspect of ground water. Assignment of otherparties shall bemade in ac cordance with provisions of legislations. Paragraph (4) "Permit holders" areindividuals, business entities, government agencies or social bodiespossessing per mitsto use ground wateror permits to exploitground water. Paragraph (5) self-explanatory Article 29 Paragraph (1) Procurement of means andinfrastructures isper formed by,among others drilling, digging, procurement of ground watermonitoring devices. Paragraph(2) self-explanatory 21A Article 30 and Article31 Self-explsnetory ArtIcle 32 Paragraph (i) ~f--e>q>lanatory Paragraph (2) What is meantby "other parties"are agencies or institutions, both governmental andprivate, such asIn donesia Science Institute (UPI := Lembaga I1mu Pengetahuan Indonesia), universities or business enti ties havIng the competence in the aspect of ground water. Assignment of other partiesshall be made in ac cordance withprovisions of legislations. Paragraph (3) Self-explanatory Paragraph (4) What is meant by "periodically according to ne cessities" is e.g. performed on the eve or middle of eachyearto know thedevelopmentofpreparation phase and of the performancephase of ground water man agement. Paragraph (5) Se\f-explanatory Artide 33 thru Artic~35 self-explanatory Artide 36 Paragraph (1) and Paragraph (2) self-explanatory P(1r.2YI£lohlJ) ..... 22A Paragraph (3) What is meant by "monitoring well" is a well equipped withmonitoring devia5 functioning to record mangesofthecondition andevaluation ofground wa ter; Lettera Whatis meantby "position of groundwater sur face" is the depth or heightof ground water surface measured fromground surface. Letter b andLetter c Self-explanatory Letterd What ismeantby "ground sinking" isa symptom of changes ofground waterenvironmentoccurring due to a vacancy at ground water content rn the aquifer confining layer which generally is in the form of clay lavers. Paragraph (4) What ismeantby "producing well" isa well func tioning to withdrawgroundwater. Forthe purpose Of ground watermonitoring, it can also function asamoni toring well. Paragraph (5) andParagraph (6) Self explanatory Article 37 Self FJqllaMtnry Article 38 Paragraph (1) Monitoring well net is a series of systematic loca tion anddepth of monitoring wells in a ground water basin. Paragraph (2) andParagraph (3) selfexplanatory Business News 7784/3-13-2009 Article39 Paragraph (1) and Paragraph (2) Self-explanatory Paragraph (3) Letter a Includedasground water recharge area arewa ter springrecharge areas. letterb AqUifer supportcapacity on various activitiesare among others: energy andmining andground sub-sur face clvil constructions, shown from the resultof analy sisof enviranmentaI Impact. bothenvironmental man agement efforts (UKL =upaya pengelolaan Iingkungan) and environmental monitoring efforts (UPL = upaya pemantauan lingkungan) as well as analysis of envi ronmental impact(Arnclal =Analisis Mengenal Dampak Ungkungan). Letterc Self-explanatory Article 40 paragraph (l) Lettera Ground water recharge canbesewred, both natu rally andartifidally. Letterb Prohibition on drilling, diggingor other activities withina radius of 200 (two hundred) metersfrom the location of the @mergent:P' of a ~pring ismeant to se cure the flow of ground water of the aquifer system supplying to or whichcan effect the emergence of the spring. "Otheractivities" among others: rockmining. Letterc........ letterc self-explanatory Paragraph (2) "ActMties which candisturban aquifersystem" is amongothers, theconstruction of tunnelsor rock min~ ing. Paragraph (3) Self~lanatory Article41 thru Article43 SeW-explanatory Article44 Paragraph (1) Lettera thru letter f self-explanatory Letterg Arrangement of the distance between ground water drillingordugwellsis based on the local hydro geology condition. Paragraph (2) Letter a 5e1f-exp\anatory Letterb Degradation or decline d groundwatercondition isshown by a very fastdecline r:i ground water sur face,ground water rontaminatioo, Intrusion ofsaltwater, or groundsinking. letter c Self-explanatory Paragraph (3) self-explanatory Business News 7784/3~13-2009 23A Article45 Paragraph (1) self-explanatory Paragraph (2) Letter a and Letter b Self--explanatory letter c Restoration of thequalityofamtaminated ground water can be madeby: 1. Isolation of contamlnlltion source; 2. draining thecontaminated ground water; or 3. flushing contaminated groundwater. Paragraph (3) Whatis meantby "provisions of legislations in the form of living environment" arE! Government Regula tions on Management ofWaterQualityandControlof Contaminated Water. Article46 Ground water users an" gnvemmentagencies, in , dividuals, social bodies, or business entities using groundwater bothwith permitand thosenot requiring anypermit. Thedosing of a drilledwellor dugwell wherethe quality of the water there-of had beencontaminatFrl canbe performed, among others with poured conaete. This activity is executed to prevent the expansion of contaminaaon to the direc.tion ofgroundwater. Artide 47 5elf~lanatory ArUde48 Paragraph (1) Self-explanatory Paragraph (2) .••.. Paragraph (2) Letter e "Aquifer characteristics" covers, among othersthe porosity, yield,andcontinuityof water. Letterb "Hydro-geology condition"rovers, among others lh~ alluifel -::.ystem, and grQlJod water flOV'I pmtern. Letterc "Ground water condition and environment" are, among othersthequality, quantity, rocklayers contain ingground water. Letterd "Ground Water Protection Zone" among others are Ground water recharge areas,critical zones anddam agedzones. Lettere thru Letterg serf-explanatory Paragraph (3) thru Paragraph (7) self-explanatory Article49 self-explanatory Artlde 50 Paragraph (1) self-explanatory Paragraph (2) Lettera "Dailv basic needs" cover drinkingwater; cooking, bathing, religiOUS requirements, washing, rest rooms. Letterb "Peasant fanning" isfarmingcultivation covering various commodities, l.e, food plants, horticulture, fish gries, husbandry,~tatp and peasant-rranaaed forestry Business News 7784/3~13-2009 24A with a certain areawhere-in water requirement is not more than two (2) liters per second per family. Food plantfanning areplants not requiring ground water in large volume, among others, are secondary crops andcorn. Letterc thru Letter e self-explanatory Letterf The supplyof ground water for tourism, among others, is in the form of the utilizationof underground riversor the useofgroundwater for hotels and restau rants. Paragraph (3) In accordance with Law No.7 Year 2004 on Water Resources, thesupply of waterto meet dailybasic needs andirrigationneeds for peasant farmingwithin the ex i::.lir ly irrigation system is the rneln priority of the provi sions of water resources aboveall requirements. How ever, for areaswhere water Isvery scarce, the provi sionof water is prioritized to meet daily basic needs.. Paragraph (4) and Paragraph (S) ~If-explanatory. IUticIe 51 self-explanatory Article52 Paragraph (1) thru Paragraph (3) Paragraph (4) "Deep aquifers" areaquifers which in general arepres surized in nature. Paragraph (5) Letteraand Letter b self-explanatory Letter c ..... Letterc "Allocation of ground water use" is the amount and period of groundwater Withdrawal and exploita tion. Letterd self-explanatory Paragraph (6) self-explanatory ArticleS3 Paragraph (1) Ground water drillina or diaaing is aimed to ex tract ground waterfrom aquifers thru drilledwells, dug wells,or other methods. Paragraph (2) Types and physical nature of rocks are, among others porous limestone, having a potential water-los ing nature, loose sand of an easilycollapsing nature, clay having aneasily floatingnature. Hydro-geological condition presented in maps of ground water conservation zones and ground water utilization zones covet amonq others the ~1.lleClq dllU characteristics of aquifer, ground water flow pattern, groundwaterpotentials, andposition ofgroundwater surface. Paragraph (3) andParagraph (4) Self-explanatory 25A Paragraph (2) What is meant by surface water as insufficient is in the aspect of quantity. Paragraph (3) self-explanatory Paragraph (4) Included in ground water use permit amona oth erscoverthe provision andallotmentof groundwater thru drilling or digging activities, withdrawal, and us age. Permit for the use of ground water is requlred conSIdering that: a. the methodof groundwater drilling,or digging or its usage changes the condition andenvironment of ground water, among others inthe form ofdecrease of groundwater supply, shrinkage of ground water surface, changes of groundwater flow pattern, de crease of ground water quality, disturbances on aqufrer system; or b. the usethere-of is to meet needs requiring ground water in a large volumeexceeding provisions. Paragraph (5) "Social bodies" among others arefoundations, re ligious places, andschools. Article 54 Paragraph (l) Included in non-business activities, among others cover activities of religious schools, religious places, governmentoffices. Business News 7784/3-13~2009 Article 55 Self-explanatorv Article S6 Paragraph (1) thru Paragraph (5) self-explanatory Parnoraph (6).......... Paragraph (6) Lettera thru letter c Self-explanatory letterd During the construction of utilitiesfor the utiliza tion of ground water, if thequalityof ground waterdid not quite mAAt l'f'lluirPrTlents, it shall be rompleted with waterprocessing installations. Paragraph (7) Self-explanatory Altide57 Paragraph (1) letter a "Production raw material" among others aredrink ingwater incontainers, clean water, food, drinks, and drugs. letter b and letter c Self-explanatory Letter d "Aid material or production process" among oth ers arewaterfor engine cooling, dyingprocess in tex tile industries, sanitation inactivities of industries, min ing, touri5m. Paragraph (2) Self-explanatory Paragraph (3) letter a "certain location" isthelocation in accordance wlth a permit. Letterb andletterc self-explanatory Business News 7784/3-13-2009 26A paragraph (4) Lettera thru letter d Self-explanatory Lettere "Provisions ot legislations" among othersare regUla tlons related with provisions ondisturbances (HO). Article 58 paragraph (1) Self-explanatory Paragraph (2) Included in a permit for ground water exploita tion, among others are provisions andallotmentthru actiVities of drillingor digging, Withdrawal, andexploi tationof ground water. Porogroph (3) Self-explanatory Article 59 "Accompanying water" isground wateremerging byitselfinexploration andexploltaOon actvmes ormin ingand energy. "De-watering" is a orocess of the decrease of ground watersurface in certain activities, such asthe exploitation ofcoal-bed methane, In the initial phaseof coal-bed methane exploita tion, it is necessary to performde-watering activities oncoel leyers beneath the ground surface to make the coal layers to be permeable to allowthe flow ofmeth anegas. The caallayer cannot be released from de watering activities that isvery decisive on the volume of produced coalmethane. The..•. 27A The use and utilization ofaccompanying waterand/ or de-watering for activities related directly with the exploration andexploitation of mining, naturaloil and gas,andgecrthennal donot require anypermit. Article GO self-explanatory Article 61 Paragraph (1) "Ground water destructive powercontrol" is the control of around water destructive power in ground water basin asmeant in Article 58 of LawNo.7 year 2004 on WaterResources. "saltwater intrusion" (salt water encroachment) is the infiltration of salt water, either in the form of AAlinpgrnllntl w"tpr nr <;P;l water on grnllnrl fresh wa ter in anaquifersystem. Paragraph (2) lhe sinking of ground water surface causes an unbalanced hydro-geology condition, if it occurs con tinuously it can cause the intrusion of salt water and/or ground sinking. Paragraph (3) self-explanatory Article 62 Paragraph (1) andParagraph (2) Self-explanatory Paragraph (3) "Artificial recharge" isanabsorption perfonned to lncreese the filling~in CI:lplldty of ground water into a ground water basin thru, among others, absorption wells, absorption ditches, and}orabsorption pools. Business News 7784/3-13-2009 Article 63and Article 64 Self-explanatolY Article 65 "A situation hazardous to the environment" is a situation causing environmental damage e.g.outpour ing Clfmud, gas, hazardous sunstano:ofrom the around or damaging public facilities. "Emergency actions" among othersare stopping a drillingor digging that cancause a situation hazard ous to the environment. Article 66 self-explanatory Article 67 Paragraph (1) Every permit onthe useor exploitation of ground watershallbe issued for only oneproducing wellpoint. Paragraph (2) and Paragraph (3) self-explanatory Artide68 Paragraph (1) Lettera Technical recommendation for the issuance of permitfor the useor exploitation of ground watercon tainsamong others: location anddepthof ground wa ter dnmng or digging, type anddepth ortappedaqUifer, discharge of ground water withdrawal, ground water quality, andallotmentof ground water use. LetterbandLetterc Sdf-explanatory Paragraph (2) .......... 28A Paragraph (2) thru Paragraph (4) SPJf-p){r\;:]~tnry Article 69 Self-explanatory Article 70 Paragraph (1) Ground waterwithdrawal iscategorized asa large volume if the groundwaterwithdrawalor use exceeds two(2) liters persecond. Paragraph (2) self-explanatory Article 71thru 73 self-explanatory Article74 Paragraph (1) Evaluation shall be performed to knowchanges of the availabilityof ground waterin a ground water ba sin. Paragraph (2) self-explanatory Artide75 Paragraph (1) andParagraph (2) Self-explanatory Paragraph (3) Letter a Well logging will show the type, phyc:ical natura, anddepthof rocks containing groundwater to enable thedetermination of the typeandposition of filters. Business News 7784/3-13-2009 Letterb Result of physical and rhemical analysis will show the qualityof groundwater. letterc Result of pumpingtest analysis will showthe dls charge of ground water that can be withdrawn at an optimumfrom the well. Letterd Well construction drawing will indicate the position of filters andgravel packs. Article76 Self-explanatory Artide77 Lettera thru d self-explanatory lettere "Participation" means, among othersobligations of permit holders to provide places for the construction of monitoringwellswithin its location area. Letterf "COsts for ground water management services" means, among others costs for the management of ground water in the ground water basin as meant in Article 26 Paragraph (7) of Law No.7 Year 2004 on WaterResources, letterg self-explanatory Article78 Paragraph (1) "At !east10% (ten percent)" is the minimum limit to be provided to the localpopulace determined bya permit holder. ''l..Qcal ..•.• 29A "Local populace"ls thelocal community inaground waterexploitation kX:ation. Paragraph (2) S@1f-explanatory Artide79 Paragraph (1) Lettera self-explanatory letter b Permit shall be returned if ground water is not used any more L.etterc Permitshall be revoked ifproviSions stiPUlated In thepermitarenotcomplied with, anddidnot fulfill pro visions of legislations as well asunableto improve its perfonnance inaa:ordance with the allocated timelimit after a written warningwas issued by, andtemporary cessation ofall activities: from the permit granter. Paragraph (2) Self-explanatory Artide80 Paragraph (1) Self-explanatory Paragraph (2) Ground water informationcovers hydro-geologi cal information aspartof water resources Information. Paragraph (3) Self~lanatory Article81 andArtide 82 Se\f-expkmatory Business News nS4/3-13-2009 ArticleS3 paragraph (1) "Factual needs" is the fundreqUired solely to fund the management of ground water so that the perfor mance there-ofcanbe properto ensure the continuity of groundwater functions. Paragraph (2) Every type of such cost covers three aspects of groundwater manaqement, i.e. groundwaterconser vation, ground water empowerment, and control of groundwaterdestructivepower. paragrapn. (3) thruparagraph (7) self-explanatory Artide84 Paragraph (1) letter a and Letterb self-explanatory letterc "Income of ground water management services costs" is the income on the yield of water resources management services costs from the ground water basin referred to in Article 77 of LawNo.7 Year 2004 onWaterResources. Paragraph (2) thru Paragraph (7) Self-explanatory Artide85 "Urgent Interest" is aninterest reQUiring QUick.han dling, andoonstituting ajoint problem between theGrN emmentandthe regional government. Form of cooperation, among othersis in theform of costsharing or other forms in accordance with the condttion of anu~tin~ Article86 ••... 30A Artide86 Paragraph (1) "Stake holders" are among others the manage mentapparatus or groUnd water management, hOld ersof rightof use andholders of rightof waterexploi tation from the utilization ofground water, association of professionals, association of ground waterdrilling companies, and public groups. Paragraph (2) thruParagraph (4) self-explanatory Article8? Paragraph (1) Self-explanatory Paragraph (2) Report on the perfonnance of control onthe use of ground watercontains, among others number and location of drilled wells, number of ground waterus ers,amount of ground waterwithdrawal, allotment of ground water use, end ernount of tax of ground water utilization. Paragraph (3) 5eff-explanatory Artfde88 Paragraph (1) 5eIt~natoty Paragraph (2) Participation of the community in the control of ground watermanagement can be performed by sub mittingreports and/orclaims 6u::.illes5 News nB4/:3-13-20M Article 89 Paragraph (1) Self-explanatory Article 90 Paragraph (1) Self-explanatory Paragraph (2) Letter a Control ontheperformance ofground waterdrill ing and/or digging, ground wateruseand/orexploita tion, among others cover: 1. location anddepth of groundwaterdrillingor dig gingj 2. installment of well construction; 3. performance ofground water pumping test; 4. analysis of ground waterquality; 5. amountofgroundwaterwithdrawal; 6. allotment of ground waterutilization; 7. obligations tobUild absorption wells; and 8. taxonground waterutilization. Letter b and Letter c Self-explanatory Article 91 thru Article 97 self-explanatory SUPPLEMENTTOSTAlUTE BOOK OF THE REPUBUC OF INDONESIA NO. 4859 ===(D)===