Regulation of the Forestry Minister No. 45/Menhut-II/2007on the procedure of licensing equipment for the exploitation of wood and non-wood forest products from timber estates in plantation forests

BA THE PROCEDURE OF LICENCING EQUIPMENT FOR THE EXPLOITATION OFWOOD AND NON-WOODFOREST PRODUCTS FROM TIMBER ESTATES IN PLANTATION FORESTS (Regulation of the Forestry Mini.e,ter No P.45/Menhut-TIj2007 dated October 24, 2007) THE FORESTRY MINISTER, Considering: a. that pursuantto Artide 50 paragraph (3) letters j and k of Law No. 41/1999 on Forestry Affairs, everybody is banned from bringing in heavy-duty equipment com monly used to transport forest productsand tools com monly used to fell, cut or split trees in forests without any permit from the authorized offidal; b. that pursuant to ArtIcle 71 letter h of Government Regulation No. 6/2007, any holder of forest exploi tation business permit must use equipment for the Business News7790/3-27-2009 exploitation of forest products in accordancewith the existing provisions; c. that in conjuctlon with the matters above, it is necessary to set the procedure of licencing equipment tor the exploitation of wood and non wood forest products from timber estates in plantatlon forests by issuing a Ministerial Regu· lation. In vIew of : 1. Law No. 5/1990 on the Conservationof BioNatural Re sourcesand Ecosystem; 2. Law 2. LawNo.'23/1997 (BNNo. 6092pagesJ9A-21A and 51) on)ulI the ErlVilolllllenlal Mcllldyerllt:mlj 3. law No. 41/1999 (BN No. 64:12 pages .1A-6A and so on)on ForestryAffairsadj. No. 19/2004; 4. law No.32/2004 (BN No. 7183 pages lA-l1A and so on)on Regional Government; 5. Government Regulation No. 35/2002 (BN No. 6838 pages2A-JOA) on Reforestation Funds; 6. Government Regulation No. 44/2004 on Foresty Plan ning; 7. Gavemment Regulation No.6j2007 (BNNo.7529pages 1A-21A andso on) on the Management of Forests andtheDraftingof Plan for the ManagementofForests and the Exploitation of Forests; 8. Presidential Decree No. 187/M/2004 (BN No. 7:128 pages30A~3JA)on the Formation of Unitedlndone sia cabinet adj. No.31/P/2007; 9. Presidential Regulation No. 9/2005 (BN No. 7J82 pages ZA-Z3A) on the PoslOon, Task, FUnctiOn, or ganizational structere, and Work Mechanism of the StateMinistry ci theRepublic of Indonesia, ashasbeen several times amended the latestby Presidential Regu lationNo.90/2006i 10. Presidential Regulation No. 10/2005onthe Organiza tional UnitsandTasks of FirstEchelon Officials of the StateMinistry of theRepublicof Indonesia, ashasbeen several times amended thelatestby Presidential Regu lationNo.17/2007; 11. Regulation of the Forestry MinisterNo.P.13/Menhut 1I/2005 on the Organizational Structure and Work "'Iechanl~m or me Foreslry Mini~lry, dsl1d'sUeen sev eral times amended the latest by Regulation of the Forestry Ministry No.P.17/Menhut-ll/2007; Business News7790/3-27-2009 9A 12. Regulation of the Forestry MinisterNo.09/MenhuHI/ 2.007 un the BU5in~s Plan and Annuel 5usim5S Plan forthe ExpJoitation of Wood Forest Products fromTim ber Estates in PlantationForests; 13. Regulation of the ForestryMinisterNo.P.19/Menhut II/2007 {BNNo. 7734pages20A-25Ajon the Pro cedure of Issuing licencesfor andExtending Work: Ar easof the Exploitationof Wood ForestProducts from TImberEstates in Production Forests; DECIDES: Tostipulate: REGULATION OF THE FORESTRY MINISTER ON THE PRO CEDURE OF UCENQNG EQUIPMENT FORTHE EXPLOITA TION OF WOOD AND NON-WOOD FOREST PRODUCTS FROM TIMBER ESTATES IN PlANTATION FORESTS. Q-lAPTERI GENERAL PROVISIONS Article 1 Referred to in this Regulation as: 1. Timberestate,hereinafter abbreviated HTI~ isplanta tion forestin production forestwhich isdeveloped bya groupof forestrycompanies to increase the potentia! andqualityof production forestbyapplying siMculture to meet forestry industries' needs for raw rnateriats, 2. Business Permit for the Exploitation of Wood Forest Products, hereinafterabbreviated IUPHHK, in planta tion forests is a business permit which is issued to exploit wood and/or non-woodforest products from plantation forests in production forests by cerryinq out activities, ranging from land preparation, seedling, planting, caring, harvesti~ to marketing. 3. Part . 3. Partof Business Work. (SKU) is a business planwhich isvalid for 1 (one)yearat the mostandisgiven to the permit holders whodo not have thefirst business plan fortheexploitation ofwood' forest products (RKUPHHK). 4. The W\1l king (lleCl ofIUPHHK in production roresl is the areaof productionforestset bythe Forestry MInister todevelop plantation forest as part of efforts to in crease thepotential andqualityof production forestby applying silviculture tomeet forestry industries' needs for raw materials. 5. Annual business plan for the exploitation afwood for est products from timberestates. hereinafter abbrevi atedRKT-UPHHK HTI,isaone-year business plan which constitutes afollow-up to RKUPHHK. 6. Permit to bring in and use equipmentis a permit is sued bythe Director in this case the Director General for any equipm~nt to be used In the working area of rUPHHK-HTI inplantation forest, ;ndudingthe group, typeandnumberofequipment. 7. DirectorGeneral is the directorgeneral whoistasked with and responsible for promoting forestry produc tion. 8. Director isthe director whoistasked with andrespon sible for developing olantation forests. 9. Provincial Office is the officewhichistasked with and responsible for developing theforestry sector at apro vinciallevel. 10. Regency/Municipal Office isthe officewhich istasked with and responsible for developing the forestry sec tor at a regency/municipal level. 11. Technical Operating Unit(UPT) is thetechnical operat ing unit which is seconded and responsible to the Di rectorGeneral. Business News 7790/3-27-2009 lOA 12. The holderof IUI'HHK-HTI in plantation forest, herein after referred to aspermitholder, is acorporate body set bythe Ministerto obtain a business pennitto ex ploit forest product in the formof wood fromplanta tiVIl forest 1" prouuctk)ll (ort:>/. U-lruugl1 d series ofac tivities, rangingfrom land preparation, seedlingl plant ing,caring, harvesting and marketing. OiAPTERll EQUIPMENT PERMIT Artide2 (1) Theissuance ofpermitsto bringin anduse eQuipment isaimed at controlling the numberandtypesof equip mentused in the development of plantation forests. (2) Equipment aged5 years or befowisconsidered new. (3) Equipment aged above5 years ;sconsidered old. ArtIde 3 (1) ApermittobringIn anduseequipment in theworking area of IUPHHK-1-fTl in plantation forests shall be valid for 5 (five) years andendonDecember 31of the fifth yearsince tile dale of tssuance, (2) If during thevalidity period of the permitasreferred to in paragraph (1) the numberandtypes of equipment increase, the permit holdershall applyfor a permitto bringinandusethe equipment in accordance withthis Regulation. Artidp4 (1) Thetypes ofequipment asreferred to inArticle 3 para graph (2) shall include equipment used for: a. Land preparation or clearing or land cultivatlon; b. Skidding; c. Felling;..... c. Felling; d. Loading; e. Transporting; t Suppowting;and g. Develuping and keeping raciliUe~ and lnfresu uc tures. (2) The basis for the calculation of the number of each type of equipment as referred to in paragraph (1) is contained inAttachment I to thisRegulation. 11A b. A letter of statement with a stamp duty of at least RP6,OOO (siX thousand rupiahs) signed bythe board of directors andthe permitholder, aboutthe planned vol umeof activitiesrelatedto landpreparation, planting, harvesting, transport, development. end rnelntenance of factilities and infrastructures. c. A PSDH and/or DRarrears-free certificate issued by the Directorate of ForestConstributions and Forest Prod uctOrculatiOtl. OiAPTERm lHE PROCEDlJRE OFUCENONG Part One PennitToBring in andUseEquipment Article5 (1) An application for a permit to bring in and use equip ment.sha" bcfllcd~ the pennit. holder to the Director General Inthiscase theDirector, With copies addressed to: a. TheHead of the Provlndal Office; b. The Head of theRegency/Munidpal Office, (2) TtIe(onnat or the applicatIOn for a permlt to bnng in and use equipment Is contained in AttachmentII to thisRegulation. Artide6 The application for the pennit as referred to In Article 5 shallbe accompanied by : 3. AIetlercI statBnent:with a stamp duty d at Ie:Lc;t Rp6,OOO (six thousand rupiahs) signed bythe permit halder's board ofdirectors, aboutthe produd:Ni~or capacity of each of the equipment serving asthe basis for thecalculation of the optimum need for theequipment. Business News n90/3~27~2009 Article7 (1) The Directoronbehalfof theDirector General shall set adedsfon onthe grantingd permit to bringinand use equipment no laterthan 21(twenty-one) after the ap plication has beenaccepted. (2) Copies of the decision asreferred to in paragraph (1) shall be addressed to ~ a. The Head of the Provincial OffICe; b. TheHead of the Regency/Municipal OfFICe; c. The Head of UPT; d. Therelevantpermit hoIcIer. ArticleS The permit holdershall put the group rIt equip ment,the numberandtypesof equipmentwhose permit is stillvalid in theBKU or RKT-UPHHK Book. Article 9 (1) The holderof a pennit issued by a Regent/MayOr for the exploitation of plantationforest products whose area is located outsideforest and IUPHHK is issued by a Governor or Regent, the permit to bring in and use equipmentshall be issued by the Governor. (2) J1Je ..... (2) Theprocedure of filing applications and thebasic stan dard of calculating the number of each typeof equip mentas referred to in paragraph (1) shall be set by the Governor. (3) Copies ur the lIt:Clslon as referred to in paragraph (1) shall beaddressed to the Head of theProvincial Office, the Head of theRegency/Municipal Office, theHead of the UPT and the relevant permit holder. PartTwo The Removal of Equipment Artidel0 (1) The removal rI equipment from oneworking area to another within anIUPHHK-HT shall be reported to the DirectorGeneral inthiscase the Director, With copies ad dressed tothe Head of the Provincial Office, the Head of the Regency/Municipal Offioeand the Headof the UPT. (2) Theholder of IUPHHK-HT which is to remove equip ment to other IUPHHK shall report it to the Director General inthiscase the Director, with copies addressed to the Head of the Provincial Office, the Head of the Regency/Municipal omce anameHead ortne UPT. (3) IUPHHK which is to receive equipment from other IUPHHK shall secure a pennit to bring in and use the equipment inacx:ordance with thisRegulation. PartThree TheGrounding of EqUipment ArtlJce21 (1) An offICial reportofauditsigned by therelevant permit holder's board ofdirectors shall bemade foranydam aged equipment which isnolongerused intheactivi ties of IUPHHK-HT. Business News n90/3-27-2009 12A (2) An official report of grounding signed bythe board of directors shall be made for theequipment asreferred to in paragraph (1) at the endof the yearandconse quently, theequipment isno longer allowed to be used in the operational activfties of IUPHHK-IfTl in planta tion forest. (3) If the pennit holder applies for the replacement of the damaged equipment as referred to in paragraph (1), the official reportof grounding asreferred to in para graph (2) shall be accompanied by an apDlication in acmrdance with thisRegulation. O1APTERIV MONTIQRlNG AND EVAlUATION Article 12 (1) TheDirector General shall monitorandevaluate the entry and use of equipment and the removal and grounding 0(equipment. (2) Themonitoring andevaluation asreferred to in para graph (1) canbe delegated to the Head of theUPT. Article 13 Permit holdershoO submit a mid-yearly report on the use, removal, andgrollndingof equipment to the Di rectorGeneralln this case the Director, the Head of the Provincial Office, theHead of theRegency/Municipal Office andtheHead of the UPT. OlAPTERV SANCTION Article 14 The holder of IUPHHK-H11 who brings and uses equipment inIUPHHK-Hllwithouta legal permitshall be subject to sanction pursuant to Law No.41/1999 on for estryAffairs. OiAPTER VI . CHAPTERVI TRANSmONAl PROVISIONS Article l~ With the stipulation of thisRegulation, a. EQuipment permits issued on the basis of theprevious regulation before the Issuance of this Ministerial Regu lation shall remain valid untilthe endof the validity pe riod of the permitonDecember 31, 2007. b. Unsettled applications for permits to bring in and use equipment shall be processed in accordance with this Ministerial Regulation. Q-IAPlERVII CONQ.USION Article 16 When thisMinisterial Regulation takes effect, pro visions on HTIequipment contained in Decree of the For estryMinister No. 428/Kpts-II/2003 onpermits ontheuse of equipment for the exploitation of wood forestproduct Business News 7790/3-27-2009 13A (IUPHHK) from natural forestand/or plantation forestor the exploitation ofwoodadj.SK.401/Menhut-II/2004 shall be declared nullandvoid. Article 17 This Ministerial Regulation shall come intoforce asfromthe dateof stipulation. Stipulated in Jakarta On October 74, Jn07 THE FORESTRY MINISfER, sgd. H.MS. KABAN Editor's note: Attachments arenotpublished for technical reasons. ===(S )=== c. that ..••.