Government Regulation on Forestry Planning (No. 33 of 1970)

1 GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA No. 33 YEAR 1970 on FORESTRY PLANNING THE PRESIDENT OF THE REPUBLIC OFF INDONESIA Having considered: a. That to assure acquisition of maximum benefit from Multi-purpose and Permanent Forests, it is necessary that it be preceded by Forestry Planning, encompassing forestry purposes, supply, providing and utilization; b. That to assure uniformity, order and legal status in Forestry Planning as well as in the implementation of Law No. 5 Year 1967 on Forestry Basic Provisions specifically, provisions in Articles 5, 6, 7 and 8, it is deemed necessary to laydown provisions on Forestry Planning in a Government Regulation; Having observed: 1. Section (2), Article 5 of the 1945 Constitution; 2. Law No. 5 Year 1967 on Forestry Basic Provisions; 3. Government Regulation No. 64 year 1957 on Partial Transfer of Central Government Affairs in Marine Fishery, Forestry and Small holders', Rubber to Autonomous regions of Grade I; HAS DECIDED: To stipulate: GOVERNMENT REGULATION ON FORESTRY PLANNING CHAPTER I GENERAL PROVISIONS Article 1 In this Government Regulation what is referred: (1) Forestry (1) Forestry Planning shall be drawing-up of pattern for purposes, supply, providing and utilization of forests in multi-purpose and permanent manner as well as drawing–up of pattern for executive activities according to spaces and periods; (2) General Plan shall be a plan incorporating purposes, supplies, providing and utilization of forests; (3) Plan on Determination of Forests shall be a Plan incorporating activities on boundary marking and arrangement to gain legal certainty on the status and areal boundary of forests; (4) Plan on usage arrangement of forest shall be a plan, incorporating activities on purposes of partial or total forest areas, consistent/their functions to become: Protected Forests, Production Forests. Wild-life sanctuary Forests and/or Tourism Forest; /with (5) Plan on Forest Arrangement shall be a plan, incorporating activities for the drawing-up of Operational Plan for Forestry Administration for the duration of certain periods; (6) Operational Plan on Forestry, Exploitations shall be a plan, incorporating activities on Exploitations, of Forests already subjected to arrangement within the scope of taking economic benefit from forests and based on the principles of permanency; (7) Operational Sketch shall be a plan, incorporating activities of taking benefit frog forests not yet subjected to arrangement by adhering to the principles of permanency; (8) Forestry arrangement shall be activities to draw-up operational plan effective for a certain period; (9) Forestry usage arrangement shall be activities to determine forests according to their functions; (10) Committee on Boundary Procedure shall be a Committee, set up by the Minister of Agriculture within the scope of Determination of Forests; (11) Inventorization of forests shall be compilation and drawing up of data on forests, within the scope of taking benefit of forests for the public in a permanent and multi-purpose manner. (12) Survey shall be field inventorization activities; 2 (13) Water-shed (13) Water-shed area shall be a certain area with its natural shape and characteristics in such a way that it constitutes a unit with the river and its tributaries passing through said area in its function to accommodate river originating from rain-fall and other water sources which accumulate it as well as collect and arrange its flow based on the law of nature in its surroundings for the balance of said area. Article 2 (1) The objective of Forestry Planning shall be to enable all activities referred to in Section (1), Article 1 of this Government Regulation to be carried in an orderly and rational manner in order to gain the maximum benefit. (2) Forestry Planning referred to in Section (1), Article 1of this Government Regulation shall consist of: a. General Plan, b. Forest Determination Plan, c. Forestry Usage Arrangement Plan, d. Forest Arrangement Plan. CHAPTER II INVENTORIZATION AND SURVEY Article 3 (1) The Minister of Agriculture shall undertake a survey and inventorization as basis for Forestry Planning; (2) Inventorization shall be undertaken by way of a survey on physical conditions of the area, fauna and flora of the entire forests as well as socio-economic conditions of the public in it and its surroundings. (3) In the discharge of the survey and inventorization, if deemed necessary, the Minister of Agriculture may promote co-operation of a third party. CHAPTER III GENERAL PLAN Article 4 (1) The Minister of Agriculture shall draw-up a General Plan to determine purposes, supplies, providing and usage of forests. (2) In principle, the General Plan shall be drawn-up for every water-shed area, (3) The Minister (3) The Minister of Agriculture shall issue executive directives to Executive Agencies in the Capital and areas. CHAPTER IV PLAN FOR DETERMINATION OF FORESTS Article 5 (1) The Plan for the Determination of Forests shall be drawn-up by the Minister of Agriculture based on the General Plan. (2) Based on the Forest Determination Plan, the Minister of Agriculture shall designate certain territories as Forestry Areas. (3) To implement Determination of Forests, the Minister of Agriculture shall set-up a Boundary Arrangement Committee whose operational procedure shall be subsequently regulated. (4) Determined forest territories according to provisions in this Article shall be laid down by the Minister of Agriculture as Forest Areas. (5) Change of areal boundary laid down/Boundary Arrangement Agenda shall be undertaken by virtue of a Decree of the Minister of Agriculture. CHAPTER V FOREST USAGE PLAN Article 6 The Plan on Forest Usage Arrangement shall be drawn-up based on the Forest Determination Plan, consistent with the functions of the relevant Forests encompassing: a. Protected Forests, b. Production forests, 3 c. Wild-life Sanctuary Forests, d. Tourism Forests. Article 7 (1) The Forest Usage Arrangement Plan shall be based on: a. Forest Site and Conditions, b. Topography, c. Soil conditions and character, d. Climate, e. Public conditions and development, f. Other provisions to be subsequently stipulated. (2) Usage (2) Usage Arrangement of Protected Forests shall be designed to procure its maximum functions for regulating the water system, preservation of soil fertility as well as prevention of disaster from flood and erosion. (3) Usage Arrangement of Production forests shall be designed to maintain production of forestry products, to meet public demand generally and particularly for industrial and export development. (4) Usage Arrangement of Wild-life Sanctuary Forests shall be designed to protect natural conditions to prevent extinction and/or for scientific and cultural interests. (5) Usage Arrangement of Tourism Forests shall be designed to promote and preserve forests for the interest of tourism and/or hunting trip. Article 8 1) Designation of Protected Forests, Production Forests, Wild-life Sanctuary Forests and Tourism Forests shall be undertaken by the Minister of Agriculture. (2) Implementation of activities stated in Article 7 of this Government Regulation shall be subsequently regulated by the Minister of Agriculture. CHAPTER VI PLAN ON FOREST ARRANGEMENT Article 9 (1) The forest Arrangement Plan shall incorporate activities to draw-up the Operational Plan for a certain period and shall encompass: a. Determination of boundaries of forests to be arranged; b. Divisions of forests into operational plots; c. Drawing up of Summary on Forests; d. Opening of forest territory; e. Compilation of other data for the purpose of drawing up Operational Plan; f. Surveying and mapping. (2) All types of forests stated in Article 6 of this Government Regulation shall be required to be arranged and their Operational Plans drawn-up. (3) To exploit forests which are not yet arranged drawn-up shall be the Operational Sketch. (4) Implementation of Drawing-up the Operational Plan an and Operational Sketch stated above shall be subsequently regulated by the Minister of Agriculture. CHAPTER VII TRANSITIONAL PROVISIONS Article 10 (1) With the validity of this Government Regulation, Sections (5), (6), (7) and (8), Article 8B of Government Regulation No. 64 year 1957 insofar as they concern Forestry Planning shall be revoked. (2) Other regulations as well as provisions in forestry Planning extant shall still be effective insofar as said Regulations and Provisions do not contradict this Government Regulation. (3) Matters insufficiently regulated in this Government Regulation shall be separately regulated. 4 CHAPTER VIII CONCLUDING PROVISIONS. Article 11 This Government Regulation shall be effective as of the day of enactment. To enable every person to be informed of it, an order shall be issued for enactment of this Government Regulation to be published in the Official Gazette of the Republic of Indonesia. Stipulated in Djakarta on August 31,1970 President of the R.I. Signed SOEHARTO Army General Enacted in Djakarta on August 31, 1970 State Secretary of R.I. Signed ALAMSJAH Army Major General