Regulation of the State Minister of Living Environment No. 10/2010 on mechanisms for pollution and/or damage prevention to living environment pertaining to forest and/or land fire

l1A MECHANISM FOR POLLUTION AND/OR DAMAGE PREVENTION TO LIVING ENVIRONMENT PERTAINING TO FOREST AND/OR LAND FIRE (Regulation of the state Minister of Living Environment Number 10 Year 2010, dated January 28, 2010) STATEMINISTEROFUVINGENVJRONMENT, Considering: That for effective effortofpollution preven tion and/or damage to living environment pertain ing to forest and/or land fire, it is necessary to stipulate, Regulation of the state Minister ofUving Environment concerning Mechanism for Prevention of Pollution and/or Damage to Uving Environment relating to Forest and/or Land Fire; In view of: 1. Law Number 32 Year 2009 {BN No. 7933pages l1A-27A andso forth}conceming Protection and ManagementofUving Environment (statute Book Business News8021/10-22-2010 of the Republic ofIndonesia Year 2009 Number 140, Supplement to Statute Book of the Repub lic of Indonesia Number 5059); 2 GovernmentRegulation Number4 Year 2001 con cerning Control of Damage and/or Pollution to Living Environment relating to Forest and/or Land Fire (Statute Boak of the Republic of Indo nesia Year 2001 Number 10, Supplement to Stat ute Book of the Republic of Indonesia Number 4078); 3. Presidential Regulation Number 47 Year 2009 concerning Establishment and Organization of State Ministry; escr DES: To stipulate:.... 12A To stipulate: REGULAlIONOFTHESTATEMINISTEROFLIVINGEN VIRONMENTCONCERNING MEOtANISM FORPREVEN lION OFPOLLUllONAND/ORDAMAGETO LIVING EN VIRONMENTPERTAININGTOFORESTAND/ORLAND FIRE. CttAPn:RI GENERALPROVISION Article 1 What is meant in this Regulation ofthe Min ister by: 1. Forest shall be any ecosystem unit in the form of spread of land containing biological natural resources dominated by trees in itsenvironmen tal natural association, which either of it is in separable. 2. Land shall be any spread of land ecosystem which is allocated for business and/or field ac tiVity and/or garden for the cllmmunity. 3. Prevention of pollution and/or damage to living environment shall be effort to maintain forest and/or land function by no giving any chance to pollution and/or damage to living environment to continue that pertains to forest and/or land fire. 4. Rating system for fire danger shall be system developed to assist the fire fighters to minimize damage resulting from fire to support arrang ing high risk activity that causes fire and appli cation of fire fighting resource effectively based on daily meteorologic observantion and closure of vegetation. 5. Damage to living environment shall be direct and/or indirect change to the nature, chemical, and/or biology of liVing environment that ex ceeds the standard criteria of damage to the living envirvnment. BusinessNews8021/18-H-2IlG 6. Pollution to living environment shall be the in vading or placing living creature, substance, en ergy, and/or other components into the living environment by human activities that tres passes the quality standard of living environ ment as has been specified. 7. Land opening shall be effort conducted in the context of land preparation and clearance for cultivation or non-cultivation activities. 8. Land Opening With Burning hereinafter referred to as PLTB shall be any opening of agriCUltural land without burning. 9. Customary Law Community shall be group of community by descendants residing in particu lar geographical area due to strong relationship with the originating forefathers with the living environment, and the existence of the value of system that stipulate regulation on economy, politic, social, and the law. 10.lndex of Standard Air Pollution hereinafter re ferred to as ISPU shall be any figure not counted as unit figuring the condition of air quality ambi ent at the location and at a certain time based on the impact on human health, aesthetique value and other living creatures. 11.Relevant technical agency shall be ministry ex ercising administration affairs in the forestry and plantation sectors. 12.Regent/Mayor shall be Head of Recency and Mayor shall be Head of Municipality. 13.Governor shall be Head of Province. 14.Minister shall be Minister exercising administra tion affairs in living environmental protection and management sector. Article 2 The scope of this Regulation of the Minister shall<;over: a. PLTB:..... 131. a. PLm; b. water management in topsoil land; c. monitoring; and d. reporting. CHAP1BUI PLm Article 3 (I) The person in-charge ofbusiness and/or activi ties utilizing forest and/or land shall be obliged to exercise PLTB. (2) The PLTBreferred to in Article 2 lettera shall be exercised: a. manually; b. mechanically; and/or c. chemically. (3) The PLTB ref.erred to in paragraph (I) shall be exercised according to the guideline and/or technical guidance issued by the relevant tech nical agency. Article 4 (1) Customary law community burning the land of maximum area two (2) hectares each family head for planting local variety of plant shall be obliged to notify the Village Chief. (2) The Village Chieve shall submit the notification referred to in paragraph (1) to the agency ex ercising administration affairs in living environ mental protection and managementof regency/ munidpality. (3) The land burning referred to in paragraph (1) does not apply if the condition of rainfall is be low normal, during long draft period, and/or dry season. (4) The condition with rainfall below normal, long draft period, and/or dry season referred to in paragraph (3) based on publication from non ministrial institution excercising administration affairs in climate meteorology and geophysi~. Business News 8021/10-22-2010 OIAP1ERID WATER MANAGEMENTINTOPSOIL LAND Article 5 (1) The person in-charge ofbusiness and/or activi ties utiliZing topsoil land shall be obliged to: a. apply standard technology for water man agement; and b. have annual work program. (2) The standard technology for water management referred to in paragraph (1) letter a is issued by the relevant technical agency. (3) The annual work program referred to in para graph (1) letter b shall contain: a. location map and working map; b. working map indicating the land to be opened; c. development program and/or maintenance of canal with closed water entrance system for the purpose of maintaining the height of water level; and; d. developmentand/or maintenanceofdrill well and water tandon/reservoir. CHAPnRIV MONmlRING Article 6 Monitoring in the context of pollution and/ or damage prevention to living environment relat ing to forest and/or land fire referred to in Article 2 letter c shall be conducted by means of: a. early warning; b. early detection; and c. field surveillance. Article 7 The Minister, Governor, or Regent/Mayorac cording to their respective authority shall issue early warning for prevention of forest and/or land fire byproViding data and information coverinll: a. rating..... 14A a. rating offire harzard system; b. weather and climate; c. local, regional and global weather forecast; d. seasonal forecast; and/or e. pattern of spread and direction of smoke pollu tion. Article 8 The Minister, Governor,orRegent/Mayor ac cording to their respective authority shall conduct early detection for forest and/or land fire preven tion by providing data and information covering: a. satellite imagery acquisition; b. satellite imagery analysis to perceive sensitive area for forest and/or land fire and the loca tion on fire; c. development of map on sensitive area and po tential biomass for occurring forest and/or land fire; d. developmentof algorithm and detection of point of heat; and/or e. development of data base on the extent ofarea and the impact of forest and/or land fire. Article 9 (1) Based on the ear1ywarning and early detection referred to in Article 7 and Article 8, the Minis ter, Governor, or Regent/Mayor according to their respective authority shall conduct field sur veillance. (2) The field surveillance referred to in paragraph (1) shall cover: a. ovelapsed data on point ofheat with spatial data; b. ISPU data collection; c. analysis and development of data base on point of heat detected within a certain pe riod of time; Business News 8021/10-22-2010 d. distribution of the result of overlapsed data to the relevant agency at the central and regional office; and/or e. checking of authenticity of point of heat in the field. CHAPTERV REPOKllNG Article 10 (1) Any person in charge of busines~and/or activ ity utilizing forest and/or land shall be obliged to report relevant activity by pollution and/or damage prevention to living environment per taining to forest and/or land fire to the Regent/ Mayor with copy to the Governor and Minister at least once in six (6) months. (2) The report referred to in paragraph (1) will be used by the Minister, Governor, and Regent/ Mayor as material for: a. monitoring; and b. structuring policy on prevention ofpollution and/ordamage to living environment pertain ing to forest and/or fire. CHAPTERVI MANAGEMENTAND SUPERVISION Article 11 (1) The Minister, Minister in charge ofrelevanttech nology, the Governor or Regent/Mayor accord ing to their respective authority shall exercise management of the community and person in charge of business and/or activity in conduct ing prevention of pollution and/or damage to living environment pertaining to forest and/or land fire. (2) The management referred to in paragraph (1) shall be implemented, among other things, by providing: a. education.... 15A a. education and/or training on the control of ofpollution and/or damage to living environ ment; b. fadlity with agriQllture mechanism to the cus tomary law community; and/or Co information on the statutory regulation per taining to the control of pollution and/or damage to living environment pertaining to forest and/or land fire. Article 12 (1) The Minister, Governor, or Regent/Mayor ac cording to their authority sahli exercise super vision on the person in charge of business and/ or activity utilizing the forest and/or land in the prevention ofpollution and/or damage to living environment pertaining to forest and/or land fire. (2) The supervision referred to in paragraph (1) shall be conducted on: a. anycompany which location ofbusinessand/ or activity encountering fire and/or point of heat is detected Within a certain period of time; and b. the required work, fadlity and infrastructure programs. (3) The .supervision referred to in paragraph (1) shall be exercised: a. periodically in order to prevent pollution and/ or damage to living environment pertaining to forest and/or land fire; and b. intensively in order to control any impact and recovery from pollution and/or damage to liv ing environment pertaining to forest and/or fire. Business News 8021/10-22-2010 (4) The supervision referred to in paragraph (1) may involve the cOmmunity. CHAPTERVU FINANCE Article 13 (1) The cost for prevention ofpollution and/or dam age to living environment pertaining to forest and/or land fire shall be charged to the person in charge of the business and/or activity. (2) The cost for monitoring and supervision ofpre vention of pollution and/or damage to living en vironment pertaining to forest and/or land fire shall be charged to: a. State Budgetand Expenditure (APBN) for con ducting monitoring and supervision by the Minister, b. Regional State Budget and Expenditure (APBD) for conducting monitoring and supersion by the Governor and Regent/ Mayor. CHAPTERVUI a..osINGPROVISION Article 14 This RegUlation ofthe Minister takes effect on the date it is stipulated. Stipulated in Jakarta On January 28, 2010 STATE MINISTEROFUVINGENVIRONMENT, sgd. PRO!'.DR.IR.GUSTI MUHAMMAD HATTA, MS ===( MA )===