Decree of the State Minister of Environment No. KEP-39/MENLH/8/1996 on the types of business or activities which shall, by way of obligation, be completed with an analysis of environmental impacts

DECREE OF THE STATE MINISTER OF ENVIRONMENTAL AFFAIRS NO. KEP-39/MENLH/8/1996 ; DATED AUGUST 26, 1996 RE THE TYPES OF BUSINESSES OR ACTIVITIES WHICH SHALL, BY WAY OF OBLIGATION, BE COMPLETED WITH AN ANALYSIS ON ENVIRONMENTAL IMPACTS THE STATE MINISTER OF ENVIRONMENTAL AFFAIRS, Considering a. that to enforce Government Regulation No. 51 of 1993 on the Analysis on Environmental impacts, it is necessary to stipulate a decree of the State Minister of Environmental Affairs on the Types of Businesses or Activities which shall, hy way of Obligation, he completed with an Analysis of Environmental Impacts; h. that as for the Decree of the State Minister of Environmental Affairs No. KEP-II/MENUl/3/\994 on the Types of Businesses or Activities which shall, hy way of obligation, he completed with an analysis on environmental impacts, some ofthe substance it contains is deemed to he no longer compatible with the necessity and is therefore in need of an evaluation; c. that in view of the above, it is necessary to stipulate a Decree of the State Minister of Environmental Affairs on the Types of Businesses or Activities which shall, hy way of obligation, he completed with an analysis of environmental impacts. Bearing in mind I. Act No, 4 of 1982 on Basic Stipulations on Environmental Management (State Gazette No. 12 of 1982, Supplement to State Gazette No. 3215); 2. Act No.5 of' 1990 on the Conservation of Biological Natural Resources and Their Ecosystem (State Gazette No. 49 of 1990, Supplement to State Gazette No. 3419); 3. Act No. 24 Of 1992 on Spatial Layout (State Gazette No. 115 of 1992. Supplement to State Gazette No. 3501); 4. Government Regulation No. 20 of 1990 on the Control Over Water Contamination (State Gazette No. 34 of 1990, Supplernent to State Gazette No. 3409); 5. Government Regulation No. 51 of 1993on an Analysis of Environmental Impacts (State Gazette No. 84 of 1993. Supplement to State Gazette No. 3538); 6. Presidential Decree No. 32 of 1990 on the Management of Protected Areas; 7. Presidential Decree No. 96/M/1993 on the Establishment of Development Cabinet VI; 8. Presidential Decree No. 44 of 1993 on the Position, Main Tasks, Function, Organizational Structure and Working System of State Ministers; 9. Presidential Decree No. 77 of 1994 on the Agency for the Control over Environmental Impacts; Observing of I. Letter of the State Minister of Environmental Affairs to all Ministersl Heads of Relevant non-ministerial Government Agencies No. B­ 1881/MENU-J/9/1993 on the Draft for the Improvement of Decree No. KEP-II/MENLH/3/1994; 2. Suggestions and Opinions from all Ministers/Heads of Relevant non­ Ministerial Government Agencies. HAS DECIDED: To stipulate FIRSTLY THE DECREE OF THE STATE MINISTER OF ENVIRONMENTAL AFFAIRS ON THE TYPES OF BUSINESSES OR ACTIVITIES WHICH SHALL, BY WAY OF OBLIGATION, BE COMPLETED WITH AN ANALYSIS OF ENVIIRONMENTAL IMPACTS. the types of businesses or activities which shall, by way of obligation, be completed with an analysis of environmental impacts shall he as meant in Attachment I to this decree. SECONDLY THIRDLY FOURTHLY FIFTHLY SIXTHLY SEVENTHLY: EI(;UTLY NINTHLY The types of businesses or activities which are not included in Attachment I to this decree but whose location is directly bordering on the protected areas as referred to in Attachment II to this decree, shall, by way of obligation, be completed with an analysis of environmental impacts. The types of businesses or activities which are not included in Attachment I to this decree but which may after the function and or designation of a protected area as referred to in the Second Dictum of this decree shall, by way of obligation, be completed with an analysis of environmental impacts. the types of businesses ur activities which are not included in Attachment I to this decree but which are situated in protected areas referred to in the Second Dictum to this decree, shall hy way of obligation, he completed with an analysis of environmental impacts after they have undergone a change in their designation pursuant to the prevailing laws. If in the enforcement of this decree, government agencies responsible have doubt as to the types of planned businesses or planned activities not found in Attachment I to this decree, the said government agencies shall be obligated to request the State Minister of Environmental Affairs in writing for ascertainment as to the stipulation on the ohligation to draw up an analysis of environmental impacts (AMDAL). The State Minister of Environmental Affairs shall make a Decree on the Proposal as referred to in the Fifth Dictum. The Types of Businesses or Activities which shall, by way of obligation, be completed with an Analysis of Environmental Impacts as meant in Attachment I to this Decree shall he reviewed at least once in 5 (five) years. With the stipulation of this Decree, Decree of the State Minister of Environmental Affairs No. KEP-Il/MENLH/31l994 on the Types of Businesses or Activities which shall, by way of obligation, be completed with an analysis of Environmental Impacts shall he declared null and void. This decree shall take effect as from the date of stipulation. Stipulated at J A K ART A On August 26, 1996 THE STATE MINISTER OP ENVIRONMENTAL AFFAIRS signed SARWONO ~USUMAATMADJA ATTACHMENT I TO : LIST OF TYPES OF BUSINESSES OR ACTIVITIES TO WHICH AMDAL IS OBLIGATORY NO. TYPES OF BUSINESSES ()R ACTIVITIES MEASUREMENT UNIT I. MINES AND ENERGY r 3. 4. 5. 6. Area of General Mining Territory Production exploitation phase: Coal Primary ores Secondary ores Extracted substances which *e not metals or C category extracted substances Radioactive extracted substances, including processing, mining and refining Transmission Diesel engine-powered electricity generating plant (PLTD)/gas-powered electricity generating plant (PLTG)/ steam-powered electricity generating plant (PLTGi/steam-powered electricity generating plant (Pl.TUl/gas-and-steam­ powered electricity generating plant (PLTGU) water-powered electricity generating plant (PLTA) with the height of the dike/dam being PLT A with the area of floading being PLT A with direct flowing Tidal-wave-powered electricity generating plant (LPTP) Nuclear-powered electricity generating plant (PLTN) > = 200 Ha and or > = 200,000 tons/year > = 160,000 tons/year > = 100,000 tons/year > = 300,000 m3/year all measurement units > 150 KV > = 100 MW > = 15 M or > = 200 Ha > = 50 MW > = 55 MW all measurement units NO. TYPES OF BUSINESS OR ACTIVITIES MEASUREMENT UNIT 7. 8. 9. 10. II. Electricity generating plants of other types Oil and gas exploitation and production development on land Oil and gas exploitation and production development in the sea geothermal exploitation and pro­ duction facility development (total capacity) Oil refinery Oil and gas transmission (excluding piping in the field); Underground water collection (shallow and deep artesian wells) > = 5 MW > 1,500 BOPD > 5,000 BOPD > = 55 Mw All commercial measurements > = 25 Km > = 50 liters second (from 1 well/or from 5 wells in an area of < 10 Ha II. FORESTRY I. 2. 3. 4. 5. 6. The construction of a safary park The construction of a zoo Forest concession (HPH) Sago forest concession Timber estate concession Bamboo forest concession in a forest area > = 250 Ha in area > = 100 Ha in area All measurement units All measurement units > = 10,000 Ha All measurement units 7. Management of nature-related tourism in *) : a national park a nature-related tourism park a hunting park a great forest park > = 100 Ha in area > = 100 Ha in area > = 10,000 Ha in area > = tOO Ha NO. TYPES OF BUSINESS OR ACTIVITIES *) Activities pursuant to Decree of the Forestry Minister No. : 167/Kpts-1I/1994 III. COMMUNICATIONS MEASUREMENT UNIT I. 2. 3. 4. 5. Railway line network Train auxiliary infrastructures (depots. terminals, maintenance building and stations) Suhways Railway flyover River dredging > = 25 km in length > = 5 ha in area All measurement units > = 5 km in length > = 50.000 m" in volume 6. Harhours and their facilities a. h. c. Quays These quays shall include special quays for fishery, mining, industry, forestry, etc. Breakwaters Harbour supporting facilities (terminals. warehouses. containers. etcetera) > = 200 m in length , or > = 6,000 M2 in area with massive construction > = 200 m in length > = 5 ha in area 7. Dredging : a. h. Capital dredging Maintenance dredging > = 250.000 m' in volume > = 500.000 m' in volume 8. 9. 10. Reclamation (landfill) Dumping activities Construction of a new airport and its facilities > = 25 ha in area or > = 500,000 m" in volume > = 250.000 rrr' in volume All measurement unit (Class ( up to Class V) NO. TYPES OF BUSINESS OR ACTIVITIES MEASUREMENT UNIT II. Development of an airport and its facilities Classes I, II, III on the basis of development plans (master plans, spatial layout plans, etcetera. 12. Expansion of an airport/or its facilities a. h. Removal of residents of > = 500 families or clearance of land of > = 10.000 ha Coastal area reclamation of > = 25 ha in area or > = 10,000 m' in volume IV. TOURISM, POST AND TELECOMMUNICATIONS. I. 2. 3. 4. Hotels Golf courses Recreational parks Tourist resorts > = 200 bedrooms or > = 5 ha in area All measurement units > = 100 ha All measurement units V. H E A L T H. I. 2. Hospitals of Class A and Class B or their equivalents Pharmaceutical industries producing the raw materials for medicines All measurement units On a commercial scale VI. NUCLEAR ENERGY DEVELOPMENT. I. 1 Construction and operation of nuclear reactors : Energy reactors Research reactors Construction and operation of non-reactor nuclear installations : production of nuclear fuel uranium processing and purifying installation radioactive waste treatment irradiators (Categories II up to IV of source activities radio - isotope production factories producing pressure lantern mantle All installations > = 100 Kwt > 50 burning elements produced per year > = 100 tons of yellow cake /year All installations > 37,000 Thg 100,000 Ci) All installations All installations NO. TYPES OF BUSINESS OR ACTIVITIES MEASUREMENT UNIT VII. AGRICULTURE I. Rice-field plotting in a forest area > = 1,000 ha in area 2. Cultivation of food crops and seasonal > = 3,000 ha in area horticulture with or without processing units 3. Cultivation of seasonal estate crops with or > = 5,000 ha in area without processing units 4. Cultivation of annual estate crops with or > = 10,000 ha in area without processing units 5. Cultivation of shrimp/fish pond breeding > = 50 ha in area VIII. PUBLIC WORKS. I . Construction of dikes or dams : height or backwater area of 2. Irrigation area: a. Construction with an area of h. rehabilitation and improvement with the impact area or the additional area of c. rice-field plotting, with an area of (per group) 3. Swamp development : > = 15 m > = 200 ha > = t,ooo ha > = 2,000 ha > = SOO ha a. h. reclamation of tidal swamps with an area of reclamation of non-tidal swamns/low lands with an area of > = 5,000 ha > = 2 km 4. 5. Coast safeguarding, with a length of Normalization of rivers: a. Large/metropolitan cities: length or area h. medium-sized cities, length c. rural areas. length > = 2 km > = 3 km > = 5 ha > = 5 km > = 10 km 6. Canalization/flood canals : a. h. large/metropolitan cities: length or area medium - sized cities, length > = 5 km > = 10 km > = 10 km NO. TYPES OF BUSINESS OR ACTIVITIES MEASUREMENT UNIT c. rural areas, length > = 25 km 7. 8. Construction of toll roads and flyovers Highway construction: a. Large/metropolitan cities : length or area h. medium-sized cities, length c. rural areas, length All measurement units > = 5 km > = 5 ha > = 10km > 25 km 9. Road improvement with widening outside the area belonging to the roads in large/metropolitan cities (functioning as arteries or collectors) : length or area 10. Garbage: a. disposal under the system of controlled landfill/sanitary landfill, with a volume of h. final dumping site (TPA) in a tidal area, with a volume of c. Construction of transfer station, with a capacity of II. Housing/residential area construction: a. medium-sized and small cities, in an area of h. large cities, in an area of c. metropolitan cities in an area of 12. Rejuvenation of residential areas in large and metropolitan cities, with an areas of > = 5 km > = 5 ha > = 1,000 m" per day > = 700 m3J day > = 2,000 m3Jday > = 100 ha > = 50 ha > = 25 ha > = 5 ha 13. 14. 15. Construction of sewage mud treatment installation (IPTL) and or waste water treatment installation (lPAL), with an area of Construction. of a waste water piping system with a service area of Drainage in a residential area: a. Construction of drainage in large/ metropolitan cities : width or length > = 10 ha > = 500 ha > = 5 m > = 3km NO. TYPES OF BUSINESS OR ACTIVITIES b. Construction of drainage in medium - sized cities: width or length MEASUREMENT UNIT > = 10 m > = 5 km 16. 17. 18. Construction of apartment/office buildings: area or floor are per building Clean water in large/metropolition cities: a. Construction of distribution network, area of service being h. Construction of transmission network, length being Water collection from lakes, rivers, springs or other water sources, the debit being > = 3 ha > = 50,000 rrr' > = 1,500 ha > = 5 km > = 500 litres/second IX. INDUSTRY AND TRADE. I. 3. 4. 5. 6. 7. 8. 10. II. Cement industry (made through clinker production) Pulp industry Chemical (Synthetic) fertilizer industry Upstream petrochemical industry Coarse steel making industry Base lead (Ph) making industry Base copper (Cui/copper cathode manufacturing industry Alumina smelting industry Base aluminum making industry Iron making industry Ferro alloy making industry All measurement units All measurement units All measurement units All measurement units All measurement units All measurement units (including recycling industry) All measurement units (Raw materials from copper concentrate) All measurement units All measurement units (Raw materials from alumina) All measurement units All measurement units NO. TYPES OF BUSINESS OR ACTIVITIES MEASUREMENT UNIT 11. 13. 14. 15. 16. 17. 18. Industrial estates Dockyard industry with a graving dock system Aeroplane industry Plywood industry integrated with logponds Industry making arms, ammunition and explosives Industry making active materials of pesticide Dry battery industry All measurement units (including integrated industrial complexes) > = 3,000 DWT All measurement units All measurement units All measurement units All measurement units All measurement units (those using Hg as the raw material) 19. Wet battery (electricity accumulator) industry Capacity of > units/year 100,000 20. Relatively concentrated trade/shopping centres > = 5 ha in area or area of building of > ·10,000 m' X. TRANSMIGRATION AND RESETTLEMENT OF FOREST TRAMPERS. I. X. I. ) .~. 4. Activity plan for the construction of transmigration resettlement areas and up­ building of transmigration-related undertakings Remarks: The type is that or general transmigration or self­ initiated transmigration; Scope of study : SKP DEFENCE AND SECURITY Construction of munition store-houses. central storehouses of munitions and regional store­ houses of munitions Construction of a naval base Construction of an airbase Combat training centre/rifle-firing ground > = 1,500 ha in area All measurement units A, Band C classes A, Band C classes or their equivalents > = 10,000 ha in are STATE MINISTER OF ENVIRONMENTAL AFFAIRS signed SARWONO KUSUMAATMADJA ATTACHMENT II: LIST OF PROTECTED AREAS protected areas as meant in the Elucidation of Article 7 paragraph (1) of Act No. 24 of 1992 on spatial layout and Article 37 of Presidential Decree No. 32 of 1990 on the management of protected areas shall be as follows: I. Protected forest areas. 2. Peat-land areas. 3. Water-absorption areas. 4. Coastal borderlines. 5. River borderlines. 6. Areas around lakes/reservoirs. 7. Areas around springs. 8. Nature conservation areas (comprising natural reserves, animal reserves, tourist forests. areas for the protection of germ plasm and animal refuge). 9. Areas of nature conservation of the sea and other waters (including sea waters, continental waters, coastalareas, estuaries, coral reefs, atolls with their unique ecosystem and/or diversity). 10. Mangrove coastal areas. II. National parks. 12. Greater forest parks. 13. Parks for nature-related tourism. 14. Areas of cultural and scientific reserves (including areas of watery quartz, areas with special local culture, areas where archeological situs or highly valuable historical legacies are located). 15. Areas vulnerable to natural disasters. THE STATE MINISTER OF ENVIRONMENTAL AFFAIRS signed SARWONO KUSUMAATMADJA