Presidential Decree No. 10/2000 on the Agency for the Control of Environmental Impact

Considering Searing in.mind To stipulate 14 =-===::::===== GENERAL PRESIDENTIAL DECREE NO. 10/2000 ; DATED : JANUARY 28; 2000 RE THE AGENCY FOR CONTROLLING ENVIRONMENTAL IMPACTS THE PRESIDENT OF THE REPUBLIC OF INDONESIA,. that in order to assure the orderly administration of the government and development in the field of the control of invironmental 'impacts, it is deemed necessary to improve status, tasks, functions, organisational structure and working arrangement of the Agency for Controlling Environmental Impacts. 1. Article 4 paragraph ( 1) of the Constitution of 1945; 2. L;:iw No. 23/1997 on the Environment Management (State Gazette of 1997 No, 68, Supplement to State Gazette No. 3669); 3. law No. 22/1999 on the Regional Administration (State Gazette of 1999 No. 60, Supplement to State Gazette No. 3839); 4. Presidential Decree No. 136/1998 on the Principles of Organisations of Non-ministrial Government lnstnuti0r1s. HAS DECIDED : THE PRESIDENTIAL DECREE ON THE AGENCY FOR CONTROL,LING ENVIRONMENTAL IMPACTS CHAPTER I STATUS, TASKS AND FUNCTIONS Article 1 (1) The Agency for Controlling Environmental Impacts, hereinafter called Bapedal, shall be a non-ministerial government institution subordinate and responsible to the President. (2) Bapedal. shall be led by a hea(t. Article 2 Bapedal shall have the task of executing public administration and development tasks in the field of the control of environmental impacts covering the prevention and control of environmental pollution and damage as well as rehabilitation of the quality of the environment in formulating technical policies and programs for the contror of environmental impacts according to laws on force. CAFI 28/APRIL 7, 2000 15 Article 3 In executingl)e tasks as meant in Article 2, Bapedal shall perform the functions of : a. assessment and formulation of national technical policies in the field of the control of environmental impacts; b. stipulation of technical policies in the field of the control of environmental impacts according to general policies stipulated by the President and guidances set forth by the State Minister for the Environment as well as laws in force; c. coordination of functional activities in the execution of the task of Bapedal, including internas1onal cooperation in the field of the control of environmental impacts; d. empowerment and facilities of community and government activities in regions in the field of the control of environmental impacts according to laws in force; e. development of institutional capacities, human resourses, participation of all environment partners in controlling environmental impacts and voluntary enhancement of env:ironmentaly sound management facilities and technology alternatives; f. prevention and control of environmental polfution and/or destruction as well as restoration of the quality of the environment; g. monitoring, examination, guiding and technical evaluation of management of waste and hazardous and toxic materials (B3); h. supervision, improvementof laws and settlement of environmental disputes: i. development of information systems and service as well as public relations in the framework of the control of environmental impacts; j. planning, development and establishment of working networks with environmental partners to raise awareness of the environment through environmental educational and training courses; k. development of emergency alertness and response to environmental disaster, facilities for controlling environmental impacts, and human resources in the fields of control of the environment; 1. monitoring, inspection and supervision in the framework of the control of environmental impacts; Bapedal shall consist of : a. Head; b. Cheif Secretariat; CAFI 28/APRIL 7, 2000 CHAPTER II ORGANISATION Part One Organizational Structure Article 4 16 c. Deputy in charge of Institutional Capacities, Human Resources and Environment Partners Development. d. Deputy in charge of the Control of Environmental Pollution; e. Deputy in charge of the Control of Environmental Damage; f. DeputV in charge of the Improvement of Environmental Laws. The Head shall have the tasks of : Part Two Head Article 5 a. leading Bapedal in accordance with the tasks and functions stipulated on the basis of law in force; · b. stipulating technical policies in the field of the control of environmental impacts; c. undertaking coordination and cooperation with parties concerned {shareholders) in the field of the control of environmental impacts; d. empowering the institution and apparatus of Bapedal so as to have Cfed.i.biliW and accountability. Part Three Chief Secretariat Article 6 ( 1) The chief Secretariat shall be an executive element of Bapedal subordinate and responsible to the Head. (2) The chief secretariat shall be led by a cheif secretary. Article 7 The Chief Secretariat shall have the tasks of coordinating activities, promoting and providing administrative service for aH organizational units within Bapedal. Article 8 In executing the tasks as meant in Article 7, the Chief Secretariat shall perls!:!!1 the functions of: a. Coordination, Synchronization and Integration of Activities within Bapeda\; b. Coordination of Planning and Formulation of Technical PoHcies of Bapedal; c. Coordination of Compilation of Laws Connected with the tasks of Bapedal . d. Coordination of International Cooperation in the field of the control of Environ~al Impacts; e. Administrative Promotion and Service, Administration, Organisation and Operation, Personnel, Financial, Logistic and Internal Affairs; f. Execution of other tasks assigned by the Head according to the fields of tasks. Part Four Deputy in charge of Institutional Capacities Human Resources and Evironment Partners Development Article 9 CAFJ 28/APRJL 7, 2000 17 Deputy in charge of Institutional Capacities, Human Resources and Environment Partners Development, hereinafter called Deputy I, shall be an element executing part of the tasks and functions of Bapedal who ls subordinate and responsible to the Head. Article 10 Deputy I shall have the tasks of assisting the Head to coordinate the development of institutional capacities, human resources and environment partners in the framework of raising awareness of communities of the control of environmental impacts. Article 11 In executing the tasks as meant in Article 10, Deputy 1 shall perform the functions of : a. formulation of technical policies in the field of institutions, human resources and environment partners in the framework of the control of environment impacts; b. realisation of the development of institutional capacities, human resources and environment partners in the framework of the development of programs for the control of environment impacts; c. enhancement of the role of environment partners in the framework of raising awareness of communities of the control of environmental impacts; d. execution of other tasks assigned by the Head in accordance with the fields of tasks. Part five Deputy in charge of the Control of Environmental Pollution Article 12 Deputy in charge of the Control of Environmental Pollution, hereinafter called Deputy II, shall be an element executing part of th·e tasks and functions of Bapedal who is subordinate and responsible to the Head. Article 13 Deputy II shall have the tasks of assisting the Head to control water and air pollution as well as to manage waste and hazardous and toxic materials (B3). Article 14 In executing the tasks as meant in Article 13, Deputy II shall perform the functions of : a. formulation of policies in the field of the control of water and air pollution, management of waste and B3 as well as the the restoration of quality of the environment; b. execution of the control, monitoring, supervision and evaluation of environmental pollution resulting from certain activities, including water and air pollution as well as management of waste and B3' c. coordination of the implementation of control of environmental pollution as well as management of waste and B3; d. execution of other tasks assigned by the Head in accordance with field of tasks. GAF/ 28/APR/L 7, 2000 18 Part Six Deputy in charge of the Control of Environmental Damages Article 16 Deputy in charge of the Control of Environmental Damages, hereinafter called Deputy Ill, shall be an element executing part of the tasks and functions of Bapedal who is subordinate and responsible to the Head. A.rtic1e 16 Deputy Ill shall have the tasks of assisting the Head to control land and forest damage, biodiversity damage and protection of the safety of biological resources as well as damage and pollution of coastal areas and seas. Artlcla 17 In executing the tasks as meant in Article 16, Deputy Ill shall perform the functions of : a. Formulation of technical policies in the field of the control of damage and restoration of quality of the environment; b. execution of the control, monitoring, supervision and evaluation of environmental damage connected with damage of land and forests, biodiversity and protection of the safety of biological resources as well as damage and pollution of coastal areas and seas; c. coordination of the implementation of control of environmental damage; d. execution of other tasks assigned by the Head in accordance with the fields of tasks. Part Seven Deputy in charge of the Improvement of Environment laws Artide 18 Deputy in charge of the Improvement of Environmental Law, hereinafter called Deputy IV, shall be an element executing part of the tasks and functions of Bapedal who is subordinate and responsible to the Head. Article 19 Deputy IV shall have the tasks of assisting the Head to undertake activities of Law enforcement, settle environmental disputes. coordinate the development, application and monitoring as well as voluntary evaluation of instruments of environmental management, environmentally sound technology, and analyses of environmental impacts. Article 20 In executing the tasks as meant in Articke 19, Deputy \'\I shal\ perform the functions of : a. formulation of technical policies in the field of the improvement of environmental laws and instruments of environmental management; GAF/ 28/APRIL 7, 2000 19 b. coordination of the implementation, examination and technical evaluation in the field of the improvement an~forcement of laws as well as the settlement of environmental disputes; c. coordination of the~velopment, application, monitoring and voluntary evaluation of management instrumens and environmentally sound technology; d. coordination of the development, application, monitoring, supervision and evaluation of application of environmental impact analyses; e. execution of other tasks assigned by the Head in accordance with the field of tasks. CHAPTER Ill RANKS, APPOINTMENT AND RELIEF Article 21 11) The Head shall be an echelon 1 a rank. (2) The Chief Secretary and Deputies shall be echelon 1 a ranks or echelon 1 b ranks at the minimum. Article 22 ( 1 l The Head shall be appointed and relieved by the President. 12) The Chief Secretary and Deputies shall be appointed and relieved by the President on the basis of recommendations from the Head. (3) Other officials shall be appointed and relieved by the Head. CHAP"TER IV FINANCING Article 23 Costs required for executing the tasks and functions of Bapedal shall be borne by tile State Budget of Revenue and Expenditure. CHAPTER V WORKING ARRANGEMENT Article 24 Bapedal shall be coordinated by the State Mln\s.tef for the E1W\fOf\m~nt. Article 25 The Head shall convey reports, advice and considerations in the fJelds of tasks and responsibity to the President, Article 26 In executing the respective tasks, elements within Bapedal shall be obliged to apply intensively the principles of coordination, integration and synchronization in their relations with other institutions within Bapedal and other government institutions/agencies. CAFI 28/APRIL 7, 2000 CHAPTER VI MISCELLANY 20 Article 27 Details of tasks, functions, organisational structure and working arrangement of organisational units within Bapedal shall be stipulated by the Head of Bapedal after securing prior written approval from the Minister in charge of the enhancement of efficiency of the state apparatus. CHAPTER VU TRANSITIONAL PROVISION Article 28 All technical directives based on Presidential Decree No.196/1998 on the Agency for Controlling Environmental Impacts shall remain effective as long as they do not contravene or are not yet amended or replaced on the basis of this Presidential Decree. CHAPTER VUI CLOSING PROVISIONS Article 29 With the enforcement of this Presidential Decree, Presidential Decree No. 196/1998 on the Agency for Controling Environmental Impacts shall be declared null and void. Article 30 The Presidential Decree shall come into force as fmm the date of stipulation. Stipulated in Jakarta On January 28, 2000 THE PRESIDENT OF THE REPUBLIC OF INDONESIA ttd ABDURRAHMAN WAHID 000000000