Regulation of the State Minister for Environmental Affairs No. 12/2007 regarding Environmental Management and Monitoring Document of businesses and/or activities not having an Environmental Management Document

33A ENVIRONMENTAL MANAGEMENT AND MONITORING DOCUMENT OF BUSINESSES AND/OR ACTIVITIES NOT HAVING ENVIRONMENTAL MANAGEMENT DOCUMENT (Regulation of the State Minister for Environmental Affairs Number 12 Year 2007 dateCl september 2/, 200/) THE·STATE MINISTER FOR EfiVlRONMENTAL AFFAIRS, Considering: a. that f!Nef'{ business and/or action plan having impacton the environment is obliged to have environmental man agement document; b. that in fact businesses and/or activities have brought im pact on the environment and have run but have not had environmental management document; c. that: by virtup nf ~lIthnritynf ttv> St"att> Min~r for Envi ronmental Affairs, it is necessary to take a policy whid'l may be used asa reference and legal basisfor businesses and/or activities already operating but not having envi ronmental management doeumcnt; d. that based 00 the mnsidefations asmeant in letters a, b and C, it is necessary In stipUat:e a regulation of the State MinistEr for ErMronmental Affairs regarding Environmental Manage ment anCI MonllDnng IJoaJment Of a.snesses and/orAdM ties Not HavIrg Environmentll Management ooeument; In view of: 1. law Number 23 Year 1997 regarding Environmental Man agement (Statute Book of the Republic of Indonesia Year 1997 Number 68, Supplement to Statute Book of the Republic of Indonesia Number 3699); 2. law Number 32 Year 2004 regarding Regional Administra tion (Statute Book of the Republic of Indonesia Year 2004 Number 125, Statute Book of the Republic of Indonesia Number 4437) as already amended by Law Number B Year 2005 regarding Stipulation of Government Regula tion In Ueu of law Number 3 Year 2005 regarding the Amendment to law Number 32 Year 2004 regarding Re gional Administration to Bt.'Umn~ A ldw (Statute Book of the RepUblic of Indonesia Year 2005 Number 108, Stat ute Book of the Republic of Indonesia Number 4548); 3. Government Regulation Number 27 Year 1999 regarding Environmental Impact Analysis (Statute Book Of the Re public of Indonesia Year 1999 Number 59, statute Book of the Republic of Indonesia Number 3838); 4. Government Regulation Number 38 Year 2007 regarding Sharing of Public Administration Affairs betvJeen the Gov ernment, Provindal Governments and Regental/Munidpal Governments (Statute Book of the Republic of Indonesia Year 2007 Number 82. St:al:lJh~ Rnnk nf the Republic of Indonesia Number 4737); BusinessNews 7766/1-28--2009 5. Presidential Regulation Number 9 Year 2005 regarding statute, Tasks, Functions, Organizational Structures and Working Arrangements of State :Ministries as already amended the latest by Presidential Regulation Number 94 Year 2006; 6. Decree of the State Minister for Environmental Affairs· Number 86 Year2OQ2 regarding 'technical Guidelines on Environmental Management and Monfloring Programs; DECIDES: To stipulate: THE REGULATION OF THE STATE MIf'ijSTER FOR ENVIRON MENTAL AFFAIRS REGARDING ENVI~ONMENTAL MANAGE MENT AND MONITORING DOCUMENT OF BUSINESSES ANDI OR ACTIVITlES NOT HAVING ENVIRONMENTAL MANAGE MENT DOCUMENT. Article 1 Referred to in this regulation as: 1. Environmental Management and Monitoring Docu ment hereinafter called DPPL shall be a document containing information and data about a business and/or activity as well as evalualing study on impact of the operating business and/or activity on the en vironment as well as containing managerial and moni toring measures to prevent environmental pollution and/or destruction. 2 Op£>t<ltino bllo;in~ and/or activitVshall bea business and! or activity already conducting Physical activity from the phase of construction to operation. 3. Environmental Management Document shall be a docu mentIn the form of environmental impact OInatysis (AHDJ\l.) or Environmental Management Program and environmen tal Monitoring Program (UKL-UPL). 4. Ministershall be the minister In cl1arge of environmental affairs. Artide 2 (1) Party in responsible for operating businesses and/or ac tivities that have no environmental management dOQJ ment shall be obliged to formulate DPPL. (2) In formulating DPPl, the party in responsible for busi nesses and/or activities may seek assistance from con sultant. (3)]be ...... 34A (3) The formulator of DPPL as .eferred to in paragraph (1) Shall De 0bI1ge(I nave cen:mcate of AMDAL rormUlatJon training and have expertise in the field of business and/ or action plans to be studied. Artide 3 (1) Procedures for formulating DPPl shall be ascontained in At:Iachment: 1 to this regulation. (2) Format of the formulation « OPPL shall be as contained in Attachment -I to this regulaUon. ArtIde 4 The party In ~gble for bllsl~and/or l'Ictivi ties as referred to In ArtIcle 2 pantgJaph (1) shall submit appli cation for DPPI. to the MInJster, gmemor or tegent./rrlWfOr in acmrdance with their respective scopes of authority. Artide 5 (1) The Minister, governor or regent/mayor shall examine document of t>PPI.. submitted by the party in responsible fOr the bUSIness arKJ/or ae:tMlY in accordance WIttl their respective sc:apes of authority. (2) The Minister shaU examine DPPl of: a. businesses and/or activities potential to bring about negative impact on the pUblic at large and/or related to defense and security, such as oil and gas exploita tion, development of oil refinery, development of in ternational airport, development of ocean seaport and/or Integrated waste treatment of dangerous and toxic materials (B3); b. businesses and/or activities located In more than one province; C. businesses and/or activities located on sea territory above 12 (twelve) nautical miles; and d. businesses and/or activities located In the cross 00r der of the !>tate. (3) Governors shall examine DPPL of businesses and/or activi ties located in: a. more than one regentaVmunicipal terrttory; b. inter-regentlVrnunlcipal territory; and c. sea tEntory lTBlCimaBy 12(tweNe) I'ICll.itialI mlesfromthe ooastIine seaward fIl/or towards the arthipelaglc VlIiltBS and roe third cl the IX'OYindal jJrisdidioI"I for~/d'oI. (4) Regents/mayors shall examine DPPL of btlsinesses and/or activities outside the authority of the Minister and/or governors as referred to In paragraphs (2) and (3). BusIness Newsn66j1-28-2009 (5) The mechanism of OPPL shall not be applied to busi nesses and/or aaMtIeS or nuetear reaaor aevelOpment and operation, non-reactor nuclear installation develop ment and operation, submarine tailing, genetic engineer ing technology, miningat racllOac.tive minefals and deveI~ opment. of ammunition and explosive Indusby. ArtIcle 6 The Minister mavsupervise the examination of OPPL by governors and/or regents as referred to in Artide 5 para graph (3) and paragraph (4). Al"tIdP 7 Licensors shall be obliged to mention the require ments and obIJgation asmntained in DPPI. in business and/or action permit. Artide 8 The fonnulatlon of DPPl shall not exernJX party in responsible for businesses and/or adiYities from legal sanc tion in aa:oroance WiU1 legistatiOfl In the event that enViron mental populatlon and/or destruction arising from the said businesses and/onK.1:Mties Is/are found. Artide 9 Ali costs required for fonnuiating andexamining DPPL shall be borneby party in responsible for ttIebusinesses and/ or activities. Artide 10 The regulation shall come into force as from the date of stipulation. Stipu~ in Jakarta On September 25, 2007 TIlt: Sldl.t: MinistEr for Envlronrntlnti:ll Affdi~ sgd Ir. RAOIMAT WITOElAR Editorfs Note: Due to technical reason, the attachments are not pub lished. ==={R)===