Regulation of the Governor of DKI Jakarta Province No. 93/2006 on stipulations of standard of quality of sea water in province of the capital and special region of Jakarta (DKI Jakarta Province)

2A STIPULATIONS Of STANDARD Of QUALITY Of SEA WATER IN PROVINCE Of CAPITAL AND SPECIAL REGION OF JAKARTA (DKI JAKARTA PROVINCE) (Regulation of the Governor of DKI Jakarta Province No. 93/2006 dated October 5, 2006) WITH THE GRACE OF THE ALMIGHTY GOD THE GOVERNOR OFDKIJAKARTA PROVINCE, Considering: a. that, pursuantto the provisions of Article5 paragraph (1) of Decree of the State Ministerof Environment No. 51/2004 on Standard of Quality of sea Water in DKI Jakarta Province, Region may stipulate Standard of Quality of Sea Water similar to or stricter than the onestipulated by this regulation; b. that, with the authority of Region to stipulate stan dard of Quality of Sea Water in its Areaas meant in paragraph a, it is necessary for the Governor to issue further stipulations of Standard of Qualityof Sea Wa ter in DKIJakartaProvince; c. that, based on the considerations as meant in para graphs a and b, it is necessary to stipulate Regulation of Governor on Stipulations of Standard of Quality of sea Water in DKIJakartaProvince; In view of: 1. LawNo.9/1990 on Tourism; 2. LawNo. 21/1992 on Shipping; 3.. LawNo. 23/1997 on Environmental Treatment; 4. Law No. 34/1999 on Administration of DKIJmmrta Prov ince; 5. LawNo. 10/2004 on LawMaking; 6. Law No.32/2004on Regional Administration; 7. Government Regulation No. 19/1999 on Prevention of Pollution andHarmingof the Sea; Business News 7488/21-3-2007 8. Government Regulation No. 25/2000 on Authorities of Government and Province asAutonomous Region; 9. Government Regulation No. 69/2001 on Harbor Affairs; to.Government Regulation No.82/2001 on Prevention of Water Pollution; 11.Decree of the State Minister of Environment No. 51/ 2004 on Standardof Quality of Sea Water; 12.Regional Regulation of DKI Jakarta Province No. 3/2001 on Organization Structures and Work Procedures of Regional Apparatuses and Secretariat of Regional House of Representatives of DKIJakarta Province: 13.Decision of the Governorof OKIJakartaProvince No. 139/2001 on Organization and Work Procedure of Regional Environmental Treatment Agency of DKI JakartaProvince. DECIDES: To stipulate: REGULATION OF GOVERNORON STIPULATIONS OF STAN DARD OF QUALITY OFSEA WATER IN PROVINCE OF CAPI TAL AND SPECIAL REGION OFJAKARTA (DKI JAKARTA PROVINCE). CHAPTERl GENERALPROVISIONS Article 1 Hereinafter referred to as: 1. Region isDKIJakartaProvince. 2. Governor is Governor of DKIJakartaProvince. 3. Sea is water territory being part of geographical unit and its related components which border andsystem are designated based on functional aspects. 4. Standard 4. Standard of Qualityof sea Water is standardor crite ria of living creatures,substance, energy,or compo nents that exist Dr shall exist and/or pollutants at a certain tolerable in sea water. 5. seaBiotaisvariouskindsof organisms that live in sea water. 6. Port isa place consisting of land andthe surrounding waterswith certain bordersas placefor government administrative activitiesandeconomic activitiesused as placefor vessels to dock, set anchor, for passen gers goingonboan:l andofIboard and/or unloading and loadingof goods equippedwith marine safety facili ties and port sUPpOrting activities and as place of change of transportationmoda. 7. Shore is an area limited by highest high water line and lowest low water line. 8. Territory is a space beinga geographical unit and its related components with border and systemdesign ated based on functional aspects and haVing certain characteristics. 9. Protected Territory is a territory designated with main function to protect conservation of environmentcon sistingof natural and artificial resources. 10.Port Operational Territory is water and land territory in publicport useddirectly as placeof port activities. 11.Ecosystem is environmentalcomponent being an in tegral unit and mutually affects one another in form ingenvironmental balance, stability, and productivity. 12.Group of Islands is several islands that form part of a zone with primaryfunctions andwhichhasother func; tionsthat support the primaryfunctions. 13.Natural resource conservation is cultivation of non renewable natural resources to guaranteewise utili zation of non-renewable natural resources, and re~. Business News7488/21-3-2007 3A newablenatural resources to guaranteesustainable supplyof renewable natural resources by maintaining and improving of qualities, values, and varieties. 14.Protection andConservadon of SeaEnvironment isany efforts intended to maintainwholeness of sea ecosys tem. 1S.Conservation of Function of Sea Environment is ef forts tomaintain supportabilityandaccommodability of seaenvironment. 16.HarmIngof the Sea Isa process that causes dIrect or indirect changes to physical and/or biological charac teristicsthat are not in accordance with criteriaof sea damage. 17.Sea Damage is physical and/or biological condition of the seawhich is not in accordance with criteriaof sea damage. lS.Criteria of sea damage is criteria of physical and/or biological changes to seaenvironmenttolerable. 19.5tatus of quality of sea is level of quality of sea in certainlocation andat certaintime based onstandard of Quality of seawater and/or criteriaof sea damage. 20.Protection of Qualityof Sea is aneffort or actiVityope rated to maintain quality of sea in good condition. 2LMarine Tourism is recreational activity or tourism on the sea and on shore. OiAPlERII PRINQPLES, VISIONS, MISSIONS, AND PURPOSES Article 2 Stipulations of Standard of Qualityof Sea Water in DKI JakartaProvince are arranged based on principles of: a. Exploitation of the sea and natural resources for all interests integrally, harmoniously, synchronously, and balancedly; b. Equality , ..... b. Equality, Justice, and legal protection. Article 3 Vision of the stipulationsof Standard of Quality of Sea Water based on the principles as meant in Article 2 is "Realization of Standard of Quality of Sea Water in OK! Jakarta Province conducible for growth and develop mentof synchronization in cultivation of sea environment to increase social welfare". Article4 Torealize the visionas meant in Article3, stipu lations of Standard of Quality of Sea Water are directed to 3 primary missions, namely: a. To prevent pollution of waters, to prevent and reha bilitate harmingof environmentof water territory on shore and Jakarta Bayto realizeprincipleof sustain ableconservation of environment; b. To exploit the waters and group of islands for recre ationandtourism according to their intended purposes. c. To increase welfare of frshennan, fishandshellbreed ers, seaweed farmers,and processors of fishery pro ducts in DKI Jekarte. Article5 The purposes of stipulations of Standard of Quality of Sea Water inaccordance with the primarymissions as meant in Article '4 are: a. To preventpollution of waters, to prevent and reha bllitata harming of environment of water territory on shore andJakarta Bayto realizeprinciple of sustain ableconservation of environment; b. To increase partiCipation of society in planning, ex ploitation, and control of exploitation of natural re sources pursuant to supportability andaccommodability of water environmenton shoreandJakarta Bay; c. To support implementation of environmentalprotec tion through application of criteria of environmental damage. Business News 7488/2.1-3-2007 4A O"tAPTERm SCOPE Article6 In implementing stipulations of standard ofQuality of Sea Water in DK! Jakarta Province, the scope is only limit-ed to sea territory in OK! Jakarta Province from Marunda shore in the Eastem part to Dadap shorein the Western part. CHAPTER IV STIPULATIONS OFSTANDARD OFQUAU1Y OF SEAWATER Article 7 (1) Stipulations of Standard of Qualityof SeaWaterbased on the scope as meant in Article 6 consist of: a. Standard of Quality of Sea Water for seaports; b. Standard of Qualityof Sea Waterfor marinetour Ism; c. Standard of Quality of sea Water for sea biota. (2) Stipulations of Standard of Quality of Sea Water as meant in paragraph (1) are as specified in Attach mentsI, II, and III of this regUlation. Article 8 Stipulations of Standard of Qualityof sea Water asmeant in Article 8 paragraph (2) is reviewed periodi cally, at leastonce in every 5 years. CHAPTER IV QUALITY OF STANDARD OFQUALITY OF SEA WATER Article 9 (1) Tomaintain qualityof Standard of Quality of Sea Water asmeant in Article 8 paragraph(2), the followingac tivities are performed: a. Maintaining conservation of functionsof sea envi ronment in accordance with its intended purposes; b. Performing prevention of pollution and/or harming of sea environment. (2)To perform preventionof pollutionand/or harming of the sea as meant in paragraph (l) clause b, the fol lowing stages of activitiesare performed: a. Protection a. Protectionof quality of the sea; b. Prevention of pollution of the sea; c. Prevention of harming of the sea; d. Solving of p6l1ution and/or harming of the sea; e. Recovery of quality of the sea. (3)Activities of maintaining of conservation of functions of seaenvironment in accordancewith its intended purposes as meant in paragraph (1) dause a are based on the laws in force. CHAPTER V PROHIBmONS Artide 10 Each person or party responsible for business and/or activity may not commit an act that causes pollu tion and/or harming of sea environment as meant in Article 9 paragraph (1) clause b. CHAPTER VI CONTROL, MONITORING, AND REPORTING Article 11 (1 )ControJ over implementationof thiS regulation is car ried out by Head of Regional Environmental Treat ment Agency. (2)COntrol as meant in paragraph(1) and monitoring to identify quality of sea water are performed at least twice a year. (3)Resultofthe performance of controlasmeant in para graph (1) rs reported to the Governor oncern every six (6) months or incidentally when necessary. CHAPTER VII SANCTIONS Article 12 The violations as meant in Article 9 paragraph (1) clause b are subjected to administrative sanction in form of indemnity pursuant to the laws in force. Business News 7488/2.1-3-2007 SA CHAPTER VIII OTHER PROVISIONS Article 13 If a person is to plan a business/activitypoten tial to generate impact on the seaenvironment, whether on the water territory on shoreand/or in sea territory of the Province in OKI Jakarta Province as meant in Article 6, he shall comply with the provisions of the laws on Environmental Impact Analysis. a-tAPTERIX nOSING PROVISIONS Article 14 This regulation comes into effect as from the date it is promulqated, For public cognizance, this Regulation is pro mulgated by placing it in the Regional Gazette of OKI JakartaProvince. Stipulated in Jakarta OnOctober S, 2006 THE GOVERNOR OFDKI JAKARTA PROVINCE Sgd SUllYOSO promulgated in Jakarta On October 19, 2006 REGIONALSECRETARY OF DKI JAKARTAPROVINCE Sgd RITOLA TASMAYA REGIONAL GAZETTE OFDKIJAKARTA PROVINCE OF 2006 NO. 96 Editors Note: Attachmentsare not available.