Decree of the Minister of Forestry No. Sk.159/Menhut-II/2004 RE ecosystem restoration in production forest areas

ECOSYSTEM RESTORATION IN PRODUCTION FOREST AREAS (Regulation of the Minister of Forestry No. Sk.159/Menhut-II/2004 dated June 4,2004) THE MINISTER OF FORESTRY, Considering: a. that forest resource degradation tends to increase and inflict extremely broad negative impacts environmentally/eco logically, economically, institutionally, socially and culturally with restoration carried out through rehabilitation and conservation as well as utilization of forest reasources subsequently need to implemented carefully; b thc1t the restoration through the rehabilitation and conservation as meant in letter a, is implemented 111 a form of ecosystem restoration in production forest areas by opening opportunities to the interesting parties; c. that the existing legislation has not regulated ecosystem restoration in production forest areas and has not opened opportunities for the interesting parties; Business News 710'1/20-8-2004 d. that based on the above mentioned matters, it is deemed necessary to stipulate a regulation of the Minister of Forestry on ecosystem restoration in production forest areas; In view of: 1. Law No. 6/1982 jo. Law No. 12/1970 on domestic in vestments; 2. law No. 5/1990 on conservation of biological resources and their ecosystems; 3. Law No. 24/1992 (BN No. 5331 pages 2A - 8A and so on) on lay out; 4. Law No. 23/1997 (BN No. 6092 pages 19A - 21A and so on) on environmnetal management; S. Law No. 22/1999 (BN No. 6361 pages lA - SA and so on) on regional administration; 6. Law No. 41/1999 (BN No. 6412 pages lA - 6A and so on) on forestry; 7. Government Regulation No. 33/1970 on forest planning; 8. Government Regulation No. 28/1985 on forest protec tion; 9. Government Regulation No. 27/1999 (BN No. 6442 pages lOA - 12A and so on) on environmental impact analysis; 10.Government Regulation No. 25/2000 (BN No. 6471 pages 19A - 20A and so on) on the authority of the govern ment and the authority of provinces as autonomous re gions; 11. Government Regulation No. 34/2002 (BN No. 6828 pages SA - 15A and so on) on forest arrangement and formu lation of plans for forest management, exploitation and use of forest areas; 12. Presidential Decree No. 102/2001 on the status, tasks, organizational structures and working arrangements of ministries; 13. Presidential Decree No. 228/M/2001 (BN No. 6650 pages 29A - 30A) on the establishment of the Mutual Coopera tion Cabinet; 14. Decree of the Minister of Forestry and Plantations No. 602/Kpts-II/1998 jo Decree of the Minister of Forestry and Plantations No. 622/Kpts-II/1999 on forestry de velopment environment, environmental management efforts and monitoring of forestry development environ ment; 15. Decree of the Minister of Forestry No. 123/Kpts-II/2001 on the organization and working arrangement of the Ministry of Forestry; Business News 7101/20-8-2004 16.Decree of the Minister of Forestry No. 8171/Kpts-II/2002 (BN No. 6854 pages 17A - 18A) on criteria for potentials of natural forests in production forests eligible to obtain business license to exploit timber forest products in natu ral forests; DECIDES: To stipulate : THE DECREE OF THE MINISTER OF FORESTRY ON ECO SYSTEM RESTORATION IN PRODUCTION FOREST AREAS. Article 1 Referred to in this regulation as: 1. Ecosystem restoration shall be efforts to return biotic elements (flora and fauna) as well as abiotic elements (land, climate and topography) in production forest ar eas so as to result in biological equilibrium. 2. Biological equilibrium shall be interaction between bi otic and abiotic elements resulting in optimal biotic pro ductivity as well as activating functions of abiotic ele ments to support the life. 3. Production forest area shall be a certain area appointed and/or stipulated by the government to be maintained as permanent forest which has the basic function of pro ducing forest products. 4. Unproductive production-forest-area shall be certain re gion/forest area having vegetative cover extremely rare/ empty, in the form of bushes, farmland, grasses and vacant land. 5. Less productive production-forest-area shall be certain forest area having vegetative cover/forest potential and number of trees of the commercial kind every hectare according to the diameter class in a certain forest loca tion, compared to the average number of trees in a natu ral forest cluster, declared less. 6. Productive production-forest-area shall be certain area/ forest area having vegetative cover in the form of sec ondary or primary natural forest. 7. Ecosystem of biological resources, hereinafter called ecosystem ..... ecosystem, shall be a reciprocal relation system be tween elements in the nature, biological or non-bio logical, mutually dependent and influencing. 8. Forest protection shall be a business to prevent and restrict damage of forest, forest area and forest prod uct arising from actions of people, animals, fire, natu ral power, pest and disease. Article 2 Ecosystem restoration in production forest areas shall aim at returning biotic elements (flora and fauna) as well as abiotic elements (land, climate and topography) in a region so as to achieve biological equilibrium through planting, nourishment, natural rejuvenation and/or eco system security. Article 3 In the framework of the ecosystem restoration as meant in Article 2, the government shall open opportuni ties for Indonesian statutory bodies operating in the con servation of biological resources. Article 4 The activities of ecosystem restoration shall be executed in production forest areas in a forest area unit, including: a. unproductive production-forest-area; b. less productive production-forest-area; c. productive production-forest-area. Article 5 ( 1) The ecosystem restoration in the unproductive produc tion-forest-area as meant in Article 4 letter a shall be done through activities of forest protection and plant ing by local superior forest plants and/or natural' reju venation. (2) The ecosystem restoration in the less productive pro duction-forest-area as meant in Article 4 letter b shall be done through activities of forest protection and nour ishrnent of forest plants and/or natural rejuvenation. ( 3) The ecosystem restoration in the productive produc tion-forest-area as meant in Article 4 letter c shall be Business News 7101/20-8-2004 done through activities of forest protection and/or natu ral rejuvenation. ( 4) Further provisions on the planting of local superior for est plants, nourishment of forest plants and forest pro tection shall be regulated by the Director General in charge of forestry production development. Article 6 ( 1) The ecosystem restoration activities as meant in Ar ticle 5 shall be done through mechanism and proce dures for issuing business license to utilize timber for est products (IUPHHK) in natural forests. ( 2) The business license to utilize forest products (IUPHH K) in natural forest as meant in paragraph (1) shall be stipulated on the basis of results of auctions, in accor dance with the law in force. Article 7 Holders of license to restore ecosystem in pro duction forest areas, in executing their activities, shall be prohibited from utilizing trees and/or part of trees in the restored area. Article 8 Holders of license to restore ecosystem shall meet financial obligations in the forestry and non-forestry sec tors in accordance with the law in force. Article 9 IUPHHK in natural forests in the framework of the ecosystem restoration cannot be transferred to other par ties without approval of the Minister of Forestry. Article 10 The regulation shall come into force as from the date of stipulation. Stipulated in Jakarta On June 4,2004 THE MINISTER OF FORESTRY sgd MUHAMMAD PRAKOSA ===(R)===