Regulation of the Forestry Minister No. P.63/Menhut-II/2011 on guide to planting tree for the holders of borrow-and-use forest permits within the framework of rehabilitating river basin areas

GOVERNMENT REGULATIONS GUIDE TO PLANTING TREES FOR THE HOLDERS OF BORROW-AND-USE FOREST PERMITS WITHIN THE FRAMEWORK OF REHABILITATING RIVER BASIN AREAS (Regulation of the Forestry Minister No. P.63/Menhut-II/2011, dated September 5, 2011) BY THE GRACE OF GOD ALMIGHTY THE FORESTRY MINISTER OF THE REPUBLIC OF INDONESIA, (Statute Book of 2004 No. 125, Supplement to Statute Book No. 4437) as already several times amended the latest by Law No. 12/2008 (Stat ute Book of 2008 No. 59, Supplement to Statute Considering: Book No. 4844); That to implement provisions in Article 6 para 3. Goverrrment Regulation No. 38/2007 on the (4) of Government Regulation No. 24(2010 on the Sharing Of Government Affairs Among the Gov Use of Forest Areas and provisions in Article 7 para ernment, Provincial Governments and Regencyl (4) and Article 26 para i 1} letter b of Regulation of the Municipal Governments (Statute Book of 2007 Forestry Minister No. P.18/Menhut-11/20110n Guide No. 82, Supplement to Statute Book No. 4737); To Borrow and Use Forest Areas, it is necessary to 4. Government Regulation No. 76/2008 on Forest r stipulate Regulation of the Forestry Minister on Guide Rehabilitation and Reclamation {Statute Book of To Planting Trees for the Holders of Borrow-and-Use 2008 No. 201, Supplement to Statute Book No. Fornst PArmits Within the Framework nf Rehahilitat- 4947); ing River Basin Areas. 5. Government Regulation No. 2/2008 on the Types and Tariffs of Non-Tax State Revenues Originat In view of : ing from the Use of Forest Areas for Non-Forestry 1. Law No. 4111999 on Forestry (Statute Book of Development at the Forestry Ministry (Statute 1999 No. 167, Supplement to Statute Book No. Book of 2008 No. 15, Supplement to Statute 3888) as already amended by Law No, 19/2004 Book No. 4813); on Government Regulation in lieu of Law No.6. Government Regulation No. 24/2010 on the Use 1/2004 on Amendment to Law No. 41/1999 on of Forest Areas (Statute Book of 2010 No. 30, Forestry into Law (Statute Book of 2004 No. 86, Supplement to Stfltllte Rook No 51 12); Supplement to Statute Book No. 4412); 7. Presidential Regulation No. 24/2010 on the Po 2. Law No. 32/2004 on negional Governments sition, Tdsk al\\~ f\.l\\~til,)n of State Ministry el11U Business News 82568257(516-2012 GOVERNMENT REGULATION!; the Organizational Structure, Task and Function of the First Echelon Officials of State Ministry; B. Presidential Decree No. 84/Pf2009 on the Forma tion of United Indonesia Cabinet II; 9. Pn'lsirlential Regulation No. 47/2009 on the For rnation and Organization of State Ministries; 10. Regulation of the Forestry Minister No. PAOfMen hut-1i/2010 on the Organizational Structure and Work Mechanism of the Forestry Ministry IState Gazette of 2010 No. 405l. 11. Regulation of the Forestry Minister No. P.18fMen huHI/2011 on Guide for Borrowing and Using Forest Areas (State Gazette of 2010 No. 1911. DECIDES: To stipulate : REGULATION OF THE FORESTRY MINISTER ON GUIDE TO PLANTING TREES FOR THE HOLDERS OF BORROW-AND-USE FOREST PERMITS WITHIN THE FRAMEWORK OF REHABILITATING RIVER BASIN AREAS. CHAPTER I DEFINITION Article 1 Referred to in this Reg ulation of the Forestry Minister <15 : 1. Borrow-and-use forest permit is a permit issued to use forest area for non-forestry de\le\opment activities without altering the function and appro priation of the forest area. 2. The use of forest area is the use of part of forest area by other party for non-forestry development activities without i'lrtering thp. status. aopropria tion and function of the area. 3. River basin area, hereinafter celled DAS, is a land area which is an integral part of a river and its tributaries and functions as a means to accom modate, keep and channel rain water into lake or sea naturally, with land borders functioning as to pography divider, and sea border reaching waters still influenced by activities on land. 4. Planting trees within the framework of rehabititat ing river basin area is an effort to restore, pre serve and improve the function of river basin area so that the supporting capacity, productivity and role of the river basin area in supporting life buffer system will be well preserved. 5. Forest area is a certain area designated and/or de cJared by the government to be maintained as permanent forest. 6. Protected forest is a forest area which has the main function as a protector of life buffer system to control water flows. prevent floods. control erosion, prevent sea water intrusion and preserve land fertility. 7. Conservation forest is a forest area with certain typical charactensucs which has main functions to preserve a variety of plants and animals as well as their ecosystem. GOVERNMENT REGULATIONS 8. Critical land is land which is categorized as very critical and critical and is located inside and out side a forest area whose function as production element and DAS waterflow regulating media has declined. 9. Technical Plan for Forest and River Basin Area Re habilitation (RTk RHL-DAS) is an indicative plan of RHL activities which is drawn up based upon the physil:dl, socio-economic and cultural conditions of the local people within a unit of DAS/Sub DAS ecosystem or DAS area. 10. Plan for Forest and Land Management (RP RHL) is a management plan to implement RHL based upon the authority of the government, provin cial governments, and regency/municipal gov ernments according to the law and regulation in force. 11 .Annual Plan for Forest and Land Rehabilitation tRTn RHU is RHL plan which is drawn up in the year before operational activities {T-1} and con tains the definitive location of RHL activities, vol ume of activities, material needs and wages as well as supporting activities. 12. Reforestation is an effort to plant types of for est trees on damaged forest areas in the form of idle land, coarse grass, or bushes to restore forest function. 13. Smallholder forest is a forest which grows on an o reo of land which carries proprietary right or oth er rights outside forest area on condition it cov ers a minimum area of 0.25 ha and wood plant and other plant canopy covering reach more than 50%. 14. Urban forest is' a spread out area of land in an ur ban area where trees grow in a compact, dense way, either on state or privately-owned land de cided by the authorized official. 15. Mangrove ls a community of typically tropical coastal vegetation which grows and develops in a tidel region particularly lagoon, estuary and coast protected by mud substrate or sandy mud. 16. Coastal forest is a community of vegetation which grows on coast demarcation. 17. Plant care is the treatment of plants and their en vironment to allow the plants to grow in a healthy or normal way by means of hoeing, weed clear ing, plant replacing, fertilizing, and pest and dis ease eradication. 18. L 1 is the same as that referred to in Government Regulation No. 2/2008, namely an area of land Which is disturbed due to the permanent use of forest area as supporting infrastructure facilities during the period of time to use forest area, other than active mining, and is later subject to levies as much as the tariff of non-tax state revenues on the use of forest area. 19. L2 is the same as that referred to in Government Regulation No. 2/2008, namely an area of land which is disturbed due to the temporary use of forest arco but tcchnic:olly con be reclaimed soon and is later subject to levies four times as much as tne tarlH ot non-tax state revenues on the use 38 GOVERNMENT REGULATIONS of forest area. 20. L3 is the same as that referred to in Government Regulation No. 2/2008, namely an area of land which is disturbed due to the permanent use of land area and cannot technically be reclaimed and is later subject to levies twice as much as the tar iff of non-tax state revp.nues on thp. use of forest area. 21 . Chock-full sam fJ1inl:! is i;:I mining exploration activ ity to take mineral and coal samples. 22. Minister is the minister assigned in and respon sible for the forestry field. 23. Director General is the Director General of River Basin Area Management and Social Forestry De velopment at the Forestry Ministry, CHAPTER II PURPOS~ AND AIM Part One Gem: Ii:I I Article 2 (1) The holders of borrow-and-use forest area per mits for commercial purposes and exploration ac tivities through chock-full sampling as a mining test case in the interests of economic feasibility shall be subject to provisions on the planting of trees within the framework of DAS rehabilitation under a 1: 1 ratio, plus a planned area of disturbed land under the L3 category. (2) The holders of borrow-and use forest area per mits for non-commercial activities such as state defense, sea or air traffic safety facility, check dam, water reservoir, saba, and meteorology, cli matology and geophysics facilities as well as Sur vey and exploration activities, shall not be subject to provisions on the planting of trees within the framework of DAS rehabilitation. (31 The holders of borrow-and-use forest area per mits for non-commercial use other than those re ferred to in para (2) shall be subject to provisions on the planting of trees within the framework of DAS rehabilitation under a 1: 1 ratio. Part Two Purpose and Aim Article 3 (1) The purpose of drawing up this guide is to give references to: a. thp. hotdars of borrow-and-usa forest area per mits in provinces whose forests cover an area uf more than 30% of DAS, island and/or prov ince; b. the government; c. provincial governments; d. regency/municipal governments; and e. other relevant parties; in planting trees to rehabilitate DAS; (2) The aim of drawing up this guide is to realize the planting of trees by the holders of borrow-and use forest area permits within the framework of DAS rehabilitation outside the area of the borrow ano.·use forest area permits as pan or errorl:; Lu Business News 8256-82571516-2012 39 GOVERNMENT REGULATIONS meet the obligations of the holders of borrow and-use forest area permits so that the results of tree planting activities can function well accord ing to the rules. CHAPTER III LOCATION FOR THE PLANTING OF TREES Article 4 (1) The target location for the planting of trees to re habilitate DAS is the same as the location of DAS in the borrow-and-use forest permits in the upper, middle and/or lower reaches. (2) If the target location for the planting of trees as re ferred to in para (1) is not found in the location of the same DAS, the target location for the planting of trees may be the location of other DAS in the same regency/province or in the nearby regency/ province. (31 The target location for the planting of trees in the location of D AS which is the same as the lower reach as referred to in para (1l shall particularly be conducted in the area of mangrove/coastal for ests. Article 5 (1) The location for the planting of trees as referred to in Article 4 para (1) shall be critical land either inside or outside forest areas; l?) Thp. location for thp. pl;:mting of trfles p.ither in:e;ide or outside forest area shall preferably be a com pact area free 0 r tenurial conf lict area; (3) The location for the planting of trees on critical land in forest area as referred to in para (1) shall preferably be protected forest and conservation forest, except nature preserve and national park core lone; (4l The location for the planting of tress outside for est area as referred to in para (1) shall be ; a. green open space, urban forest, social facility and public facility; b. land with proprietary right which has protec tive function according to the pr ovincial/re gency/municipal spatial layout plan. Article 6 (1) Critical land in the location for the planting of trees as referred to in Article 5 para (1) shall refer to a Management Plan for Forest and Land Reha bilitation (RP RHL); (2) If RP RHl has not been drawn up a Technical Plan for Forest and River Ba3in Area nehabilitation (RTk RHL OASl can be used; (31 The target location for the planting ot trees in mangrove/coastal forest as referred to in Article 4 para (3) uses Rtk RHL OAS on the mangrove ecosystem and coastal demarcation. CHAPTER IV PLANTING ArticlR 7 Planting within the framework of rehabilitat irrg DAS sholl cover: 40 Business News 8256-825715-16-2012 GOVERNMENT REGULATIONS a. Planting in conservation forest in the form of re forestation or enrichment planting shall preferably use endemic wood species/typical tree species and multi-purpose tree species IMPTS); b. Planting in protected forest in the form of refores tation or enrichment planting shall use wood tree species and multi-purpose tree species (MPTS) whose wood is not used for production purpose; c. Planting outside torest done in green open space, urban forest, proprietary land with protective function, social facility and ououc fal.:ility :shall use wood tree species and multi-purpose tree species IMPTS) whose wood is not used for production purpose. CHAPTER V SIZE OF PLANTING AREA Article 8 (11 The size ot planting area within the framework of rehabilitating DAS for the holders of borrow-and USe forest area permits for commercial purpose shall be at least the size Of planting area set in the borrow-and-use forest area permits concerned (at least under 1: 1 ratio I r plus the planned area of disturbed area under the L3 category. (2) The size of planting area within the framework of rehabilitating DAS for the holders of borrow-and use forest area permits for non-commercial pur Pose shall be the size of planting area set in the borrow-and-use forest area permits concerned 11 : 1 ratio). CHAPT tR VI PROCEDURE OF PROPOSING AND APPROVING LOCATION FOR THE PLANTING OF TREES Article 9 (1] The holders of borrow-and-use forest area per mits shall file applications for would-be location for the planting of trees on condition: a. the Clpplicrltions sh;:lll he filed no later than 60 (sixty) working days since the Minister issued the borrovv-uud-use forest area permits; b. If permits have been issued before this Regu lation comes into force, the holders of the per mits shall tile applications for would-be loca tion for the planting of trees no later than 60 (sixty) working days since this Regulation was issued. (2) The holders of borrow-and-use forest area per mits shall file applications for would-be location for the planting of trees to the Director General, with copies addressed to the Director General of Forest Planning and the Head of the River Basin Area Management Board IBPDAS) concerned and other relevant agencies; (3) The applications for would-be location for the planting of trees as referred to in para (2) shall be accompanied with a copy of borrow-and-use for est area permit issued by the Minister. Article 10 (1) The Director Goncra' sna\\ uss'lgn the Head of BP Business News 8256-325715-16-2012 41 GOVERNMENT REGlIl AT10NS Business News 82568257;5-16201241 DAS concerned to verify would-be location for the planting of trees as referred to in Article 9 para (Z] no later than 30 (thirtyl working days af ter the applications have been received from the holders of borrow-and-use forest area permits; (2) The results of the verification of would-be loca tion for the planting of trees by the Head of BP DAS shall be conveyed to the Director of Forest and Land Rehabilitation Development, complete with: a. digital map, with a minimum scale of 1 10,000; b. description of would-be location for the plant ing of trees including bio-physical and eco nomic conditions; (3) The Director of Forest and Land Rehabilitation De velopment shall prepare a draft decision of the Director General on the designation of location for the planting of trees within the framework of rehabilrtatinq DAS, along with a map with a mini mum scale of 1 : 10,000. 14) The Director General on behalf of the Minister shall decide location for the planting of trees within the framework of rehabilitating DAS no later than 15 (fifteen) working days after the results of verifica tion as referred to in para (21 have been received. CHAPTER VII PLANNING Article 11 (1) The holders of borrow-and-use forest area per mits shall make an annual plan for planting trees on the location decided by the Director General as referred to in Article 10 para (4); (2) The annual plan for planting trees shall carry de scription of location, size, tree species and quan tities, facilitylinfrastructure, cost, timeline, imple mentation and reporting, ::lIang with a map with a minimum scale of 1: 10,000; (3) TIle annual plml as reter red tv in para (ll shall be completed no later than 15 (fifteen) working days after the Director General has decided the loca tion for the planting of trees; (4) The holders of borrow-and-use forest area permits shall draw up a draft technical planting for each sitefblock of planting area based upon the annual plan for planting trees as referred to in para (1). Article 12 (1) The draft technical planting as referred to in Ar ticle 11 para (41 shall carry detailed size of plant ing area, land control status, area function, tree species and quantities, planting pattern, facility! infrastructure, labor force, cost, timeline, situa tion map with a minimum scale of 1: 10,000 and a planting map for each block with a minimum scale of 1 : 5,000; (2) Draft technical planting in protected forest and outside forest shall be assessed by the Head of BPDAS/Head of the Mangrove Management Board and endorsed by the Head of regency/mu~ nicipa\ office overseeing forestry. GOVERNMENT REGULATIONS 13) Draft technical planting in conservation forest shall be assessed by the Head of BPDJ\S/Head of Mangrove Management Board and endorsed by the Head of Natural Resources Conservatlon/Na~ tionaI Park Center. CHAPTER VIII INSTITUTION Article 13 (11 The holders of borrow-and-use forest area per mits shall have a working unit to handle the plant ing of trees within the framework of rehabilitating DAS. (2) The working unit as referred to in para (1) shall employ technical workers graduating from forest ry/agriculture faculty during the period of time to plant trees within the framework of rehabilitating DAS on condition: a, an area covering up to 600 (six hundred) hect ares, a minimum of 1 (one) technical worker. b. an area covering more than 600 (six hundred) hectares. a minimum of 2 (two) technir.!ll workers. CHAPTER IX REAlIZATION Article 14 (11 The planting of trees within the framework of rehabilitating DAS can be done by the holders of borrow-and-use forest permits under a self-man agement scheme and/or through a third party. l2) The planting of trees as referred to in para l1) shall be started no later than 30 (thirty) working days after the technical draft of planting has been approved. Article 15 The techniques of planting, maintenance, and evaluation of planting within the framework of reha bilitating DAS shall refer to Regulation of the Forestry Minister No. P.70/MenhuHI/2008 on Technical Guide To Forest and Land Rehabilitation as already amended by Regulation of the Forestry Minister No. P.26/Men hut-II/2010. CHAPTER X EVALUATION OF PLANTING AND MANAGEMENT OF PLANTING RESULTS Article 16 (11 The holders of borrow-and-use forest area per mits shall be responsible for the success of plant ing within the framework of rehabilitating DAS. (2) The success of planting within the framework of rehabilitating DAS is one of the qualifications to return borrow-and-use forest area permits. (3l The evaluation of the success of planting shall be done by an integrated team set up by the Director of Forest and Land Rehabilitation Development on behalf of the Director General, with the following lineup: Chairman Third echelon official of the provincial office overseeing forest and land rehabHitati()\\. Business News 8256·825715·16·2012 43 GOVERNMENT REGULATIONS Members Secretary Head of the Evaluation Section at BPDAS a. Fourth echelon official of the provincial office overseeing forest and land rehabilitation b. Fourth echelufl offidi;ll of regency/municipal office overseeing forest and land rehabilitation c. Fourth echelon official of the relevant technical executive urut at the F-orestry MInistry d. Other relevant elements considered necessary (4) Planting within the framework of rehabilitating DAS declared successful shalt be put in an offi cial report, along with a map signed by the chief of the integrated team as referred to in para (3) and reported to the Director General, with a copy addressed to the holder of borrow-and-use forest permit. (5) Based on the report on the results of evaluation as referred to in para (4) the holder of borrow and-use forest permit shall hand the results of planting within the framework of rehabilitating DAS to the Director General of DAS Manage ment and Social Forestry on behalf of the Minis ter through an official report of handover signed by the holder of borrow-and-use forest permit and all members of the integrated team as re ferred to in para (3) . Article 17 The Director of Forest and Land Rehabilita tion Development on behalf of the Director General shall notify in writing the further management of the results of planting within the framework of rehabili tating DAS as referred to in Article 16 paro (5) to tho agency/institute responsible for overseeing: (l. Head of the Natural fle50urces!National Park Con servation Center; or 1.1. Heads of the provincial offices overseeing forest ry. for botanical garden; or C. Heads of regency(municipal offices over seemq forestry, for botanical garden, production forest, protected forest and outside forest area; or d. Heads of Conservation Forest Management Units, Protected F-orest Management Units and Produc tion Forest Management Units. CHAPTER XI MONITORING AND TECHNICAL GUIDANCE Article 18 (1) Monitoring and technical guidance shall be done by the Director General, Heads of Provincial Ot fices overseeing forestry, Heads of Regency/Mu nicipal Offices overseeing forestry according to their respective authority. (2l Monitoring and technical guidance shall be done once a year. (3l The holders of borrow-and-use forest area per mits shall give easy access to central and regional forestry apparatuses while conducting monitoring and technical guidance in the field. Article 19 (1) The ho Iders of borrow-and-use fmest area 44 Business News 8256-8257/516-2012 GOVERNMENT REGUlATIONS permits as the executors of planting activities within HIt! framework of rehabilitating DAS shall make quarterly and annual reports, (2) The repor ts ~!J<lll be conveyed to the Director General, with copies to the Director General of Fur estrv PlallnillY, Heads of Provincial Offices overseeing forestry I Heads of Regency/Municipal Offit.;e::; uven,eeing forestry, Heads of BPDAS and relevant agencies. CHAPTER XII FINANCING Article 20 Planting expenses within tho framework of rehabilitating DAS shall be borne by the holders of borrow-and-use forest area permits. CHAPTER XIII SANCTIONS Article 21 l11 The holders of borrow-and-use forest area permits who do not conduct planting or conduct planting without fulfilling the specified provisions shall be liable to administrative sanctions. (2) The administrative sanctions as referred to in para (1) shall be given in the form of 3 (three) cons ocu tive warnings with a time span of 30 lthirty) days by the Director General. Article 22 Jf the holders of borrow-and-use forest area permits do not meet the administrative sanctions as referred to in Article 21, they shall have their borrow and-use forest permits rp.vokp.d. CHAPTER XIV TRANSITIONAL PROVISIONS Article 23 ThE'! holders of borrow-and-use forest area permits whose permits have been issued before this ReguJation is stipulated shall conduct planting within the framework of rehabilitating DAS according to this Regulation. CHAPTER XV CONCLUSION Article 24 This Regulation of the Forestry Minister shall come into force as from the date of promulgation. For public coqruzance. trus Regulation of the Forestry Minister shall be promulgated by placing it in HIt' Slale Gazett e uf tile Republic of Indonesia. Stipulated in Jakarta On September 5,2011 THE FORESTRY MINISTER OF THE REPUBLIC OF INDONESIA, sgd. ZULKIFlI HASAN Promulgated in Jakarta On September 6, 2011 THE LAW AND HUMAN RIGHTS MINISTER OF THE REPUBLIC OF INDONESIA, sgd. PATRIALIS AKBAR 5TATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 2011 NO. 55G BU$ir1e~sNews 8256"825715162012 45