Regulation of the Minister of Forestry of RI No. 60/Menhut-II/2009 on guidelines for evaluation of successful forest reclamation

17A GUIDELINE FOR EVALUATION OF SUCCESSFUL FOREST RECLAMATION (Regulation of the Minister of Forestry of RI Number P.60/Menhut-II/2009, dated September 17, 2009) WITHTliEBlESSINGOFTliEONEANDONLYGOD MINISTEROFFORESTRYOF TliEREPUBUC OFINDONESIA, COnsidering: That to implement the prOVision in Article 50 paragraph (5) of Government Regulation Num ber 76 Year 2008 concerning Forest Rehabilitation and Reclamation, it is necessary to stipUlate Regu lation of the Minister ofForestry of the Republic of Indonesia concerning Guideline for Evaluation of Successful Forest Rehabilitation and Reclamation; In view of: 1. Law Number 41 Year 1999 (BNNo. 64J2pages JA-6A andso fotth)concerning Forestry (Stat ute Book of the Republic ofIndonesia Year 1999 Number 167, SUpplement to Statute Book of the Republic ofIndonesia Number 3888) as amended by Law Number 19 Year 2004 (BNNo. 7J43pages 26A-29A)concerning stipulation ofGovernment Regulation in Lieu of Law Number 1 Year 2004 (BN No. 7034 pgs••9B) concerning ~mendment to Law Number 41 Year 1999 concerning For estry to become Law (Statute Book of the Re public of Indonesia Year 2004 Number 86, Supplement to Statute Book.of the Republic of Indonesia Number4412); Business News 8025-8026/11-3-2010 2. Law Number 32 Year 2004 (BNNo. 7JS3pages JA-JJA andso fotth)concerning Regional Gov ernment (Statute Book of the Republic of Indo nesia Year 2004 Number 125, Supplement to Statute Bookof the Republic of Indonesia lIIum ber 4437) as amended several times and lately amended by Law Number 12 Year 2008 (BNNo. 7676 pages 26A-32A and so forth) (Statute Book of the Republic of Indonesia Year 2008 Number 59, Supplement to Statute Book of the Republic ofIndonesia Number4844); 3. Government Regulation Number 35 Year 2002 (BNNo. 6838pages2A-JOA)conceming Forestry Fund(Statute Bookof the Republic ofIndonesia Year 2002 Number 67, Supplement to statute Book ofthe Republic ofIndonesia Number4207) as amended by Government RegUlation Number 58 Year 2007 (Statute Book of the Republic of Indonesia Year 2007 Number 131, SUpplement to Statute Book0 theRepublicofI~aNum ber4776); 4. Government Regulation Number 44 Year 2004 concerning Forest Program (Statute Book of the Republic of Indonesia Year 2004111umber 146, Supplement to Statute Book of the Republic of Iadonesia Number 4453); 5. Government Regulation Number 45 Year 2004 concerning Forest Protection (Statute lSook of the Republic.... 18A the Repl!blic of Indonesia Year 2004 Number 141, SUpplementto Statute Book of the Repub licofIndonesia Number 4453); 6. Government Regulation No.6 Year 2001 (BN No. 7529pages 1A-21A andso forth) concern ing Forest Layout and Structuri"g Forest Man agement Program, and Forest Utilization (Statute Book of the Republic of Indonesia Year 2001 Number 22, Supplement to Stat ute Book of the Republic of Indonesia Num ber 4696) as amended by Government Regu lation of the Republic ofIndonesia Number 3 Year 2008 (BN No. 7676pages 10A-25A and so forth) (Statute Book of the Republic of In donesia Year 2008 Number 16, Supplement to Statute Book of the Republic of Indonesia Number 4814); 1. Government Regulation of the Republic ofIndo nesia Number 38 Year 2001 concerning Distri bution of Administration Affairs between the Government, Regional GovernmentofProvince, and Regional Administration ofRegencyjMunid pality (statute Book ofthe RepUblic ofIndone sia Year 2001 Number 82, Supplement to Stat ute Book of the RepUblic of Indonesia Number 4131); 8. Government Regulation Number 16 Year 2008 (BN No. 7847pages 28A-36A)concerning For estRehabilitationand Reclamation (Statute Book ofthe RepUblic ofIndonesia Year 2008 Number 201, Supplementto Statute Book of the Repub Iic ofIndonesia Number 4941); Business News 8025-8026j11-3-2010 9. Presidential Decree Number 187jM Year 2004 (BNNo. 7128pages30A-31A)concerning estab lishment of Indonesia Bersatu Cabinet, as amended several times and lately amended by Presidential Decree Number 31jP Year 2001; 10. Presidential Regulation Number9 Year 2005 (BN No. 7184pages 2A-23A) concerning capacity, Duty, Function, Organizational Structure and Working Procedure of the State Ministry of the Republic ofIndonesia, as amended several times and lately amended by Presidential RegUlation Number 20 Year 2008; 11. Presidential RegUlation Number 10 Year 2005 concerning Organizational Unit and DutyofEch elon I of the State Ministry of the Republic of Indonesia, as amended several times and lately amended by Presidential Regulation Number50 Year2008i 12. RegUlation of the Minister of Foestry Number P.13jMenhut-nj2005 concerning Organizational Structure and Working Procedure ofthe Depart mentofForestry, as amended several times and lately amended by RegUlation ofthe Ministerof Forestry of the Republic of Indonesia Number P.64jMenhut-IIj2008 (State Gazette of the Republic of Indonesia Year 2008 Number80); DECIDES: To stipulate: REGUlAlIONOFlHEMlNlSTEROFFORESTRYONGUlDE UNE FOR EVALUATION OFSUCCESSRJL FORESTREC LAMATION. CHAPTERJ...... 19A CHAPTERI lNTBU'RETATlON Artidel What is meant in this Regulation by: 1. Water Drop Structure (Drop Structur.e) shall be drop structure made at certain distance on the Water Discharging Channel/SPA (depend ing on the land slope) made of stone, wood/ bamboo. 2. Cover aop shall be any plant that grows dosely planted particularly for the purpose of prectecting and repairing the soil between the production period of the main crop or trees and aeeping plant. 3. Resisting Dam shall be small dam for water passage with stone barbed wire, plated twigs or bamboo/wood trucuk made on ravine channel with a height of maximum four (4) meters. 4. Controlling Dam shall be small dam that may ac commodate water (not passing water) made of soil fill-in construction with water proof layeror concrete construction( bow type} to control ero sion and surface flow and made of small chan nel/stream with maximum height eight (8) meters. 5. Erosion shall be peeling and removing process of soil or stone partides caused by kinetic en ergy (water, snow and wind). 6. Channel Erosion shall be peeling followed by transportation of soil partides by concentrated escaped water flow in the water channel. BusinessNews 8025-8026/11-3-2010 7. Ditch Erosion shall be establishing deeper and wider range of ditches and constituting ad vanced level ofchannel erosion. 8. sampling intensity shall be measurement pro portion of sample against the number of popu lation. 9. Environmental Pollution.shall be incoming or in put of living creature, substance, energy or other component into the environment and/or the change made to the environment by natural process, so that the environmental quality is reducing up to a certain level causing the envi ronment to become less or not functioning ac cording to its allocation. 10. Evaluation shall be observance conducted peri odically on forest reclamation activity to secure that the activity program proposed, activity schedule, the desired result and other neces sary activities may run smoothly according to plan and constituting as the basis for extension, release of the license for forest use and to per ceive progress in the implementation of forest reclamation; 11. Percentage ofwltivated plants shall be the pro portion between healthy plants and the total target of plants mUltiplied by 100% (one hun dred percent). 12. Mining shall be part of or the entire phases of activities in the context of research, manage ment and exploitation of mineral or coal cover ing the general research, exploration, feasibil ity study, construction, mining, managementand refinerv...... refinery, transportation and sale, and post-min ing activity. 13. Environmental destruction shall be actiVity that causes direct or indirect change to the physi cal characteristics and/or biological environ ment, causing the environment to be less or no longer functioning to support incessant de velopment. 14. Change to soil surface shall be the change to the landscape caused by forest zone use, While change to soil cover shall be change to types of vegetation originally existing in forest zone. 15. Forest and land rehabilitation shall be effort to recover, maintain and improve the function of forest and land so as to improve supporting power, productivity and its role in maintaining the supporting system of lifespan in good or der. 16. Forest reclamation shall be effort to repair or recover damaged land and vegetation to opti mally function again according to its allocation. 17. Revegetation shall be effort to repair and re cover damaged vegetation by means of plant ing and maintaining the forest zone land that is preViously used. 18. Diverted Channel shall be diverted channel made to prevent water flow on the soil surface in watch catch area that directly flows to the ra vine to prevent the land from drowning on the land that easily slide. 19. Water Discharge Channel (SPA) shall be water channel made straight upright headubg the con Business News 8025-8026/11-3-2010 20A tour with certain measurement (based on rain fall condition, land slope, speed of the water penetrating to the soil/type of soil) supported by grass cluster (gebalan). 20. Sedimentation shall be sedimentation ofmate rial transported by water, wind, or gravitation force in lower places. 21. River Flow Observation Terminal (SPAS) shall be any construction and itseqUipment, constructed river 1 stream section for the purpose of continous monitoring the water system. 22. Systematic sampling with Random Startshall be any method for sampling conducted systemati cally by conducting the first sampling at ran dom. 23. Mining shall be effortof mining and excavation of mineral conducted on the earth surface. 24. SUrface mining shall be effort tor mining and ex cavating mineral which activity is directly con nected to open air. 25. Top Soil shall be the top soil layer containing much nutritive substance which is very good for plants growth. 26. Long-Term Cycle Local Plants shall be types of original or exotic plants liked by the community that have particular superiority such as timber product, fruits and latex and its product has high economicvalue, such as Jati, Rasamala, Mahoni, Cempaka, Meranti, Lime, very hard wood (Ulin) and/or Multi Purpose Trees Species (MPTS) such as Durian, Manggo, Rambutan, Pete, Jengkol, Breadfruit (Sukun), Jackfruit (Nangka). CHAPTERII..... CHAJ71'ERU PURPOSES, OBlECTlVESANDTARGET Artide2 (1) The purpose of this guideline for evaluation of successful forest reclamation is to provide ref· erence to the operator in evaluating successful forest reclamation on the formerly used forest zone. (2) The objective of this gUidelinefor evaluation of successful forest reclamation is for the purpose that implementation of forest reclamation must be based on the stipulated provisionand accord ing to its allocation. Article 3 Thetargetof Guideli.nefor EvaluationofSuc cessful Forest Reclamation shall be to evaluate suc cessful implementation offorest reclamation on the formerly used forest zone, In the context of: a. extension of license for loan and use of forest zone; b. release of license for loand and use of forest zone; and c. evaluate the progress In the implementation of forest reclamation on the area of formerly used forest zone. OtAI'nRm auTERIAOFSUCCESSRJLFOREST REa.AMATION Article 4 (1) Iimplementation ofevaluation on successful for est reclamation shall refer to the criteria on successful forest zone reclamation. Business News8025-8026/11-3-2010 21A (2) Criteriaon successful forest reclamation is stipu lated as follows: a. layout of the land; .b. control of erosion and sedimentation; c. revegetation or trees planting. Article 5 Orderly arrangement of the land referred to In Article 4 paragraph (2) letter a, shall cover: a. refilling the hole previously used for mining; b. orderly arrangement of the land surface; c. slope stability; and d. spreading out top soil. Artide6 The erosion and sedimentation control re ferred to in Article 4 paragraph (2) letter b, shall cover: a. construction of land preservation (checkdam, resisting dam, ravine control, drop structure, drainage channel, etc). b. Planting coveraops to minimize speed of over flow water and improve infiltration. c. event of erosion and sedimentation (observed from the event ofchannel erosion and ditch ero sion). Article 7 The revegetation or tree planting referred to in Article 4 paragraph (2) letter c, consists of: a. planting area extent; b. percentage of vegetation growth; c. total..... c. tOtal number of plants per hectare; d. composition of types ofplants; and e. plants growth or health. CHAPTERIV MEIltODOFEVALUAllON ArticleS (1) Method of evaluation on successful forest rec lamation in general shall be measured by col lecting data and information from all aspects in the implementation of forest reclamation. (2) To obtain accurate result of the evaluation, it is necessary to have data and information directly from the field. (3) Out of the data and information, analysis shall be further conducted so as to obtain result of evaluation according to the real condition in the field. The result of evaluation shall constitute constructive input material for decision making. Artlde9 The methodofevaluation used in thisgUide line is as follows: a. survey b. study of referrence c. sampling d. scoring and weight e. analysis Artidel0 (1)The sUlYey referred to in Article 9 letter a, ccmstitutes first-hand data and information Business News 8025-8026/11-3-2010 22A collecting activity conducted by means offact finding directly in the field. (2) The first-hand data obtained may be in the form of numeric, spatial data and description of a particular condition. Article 11 (1) The reference study referred to in Article 9 let ter b, constitutes collecting activity of existing data and information (secondary data) with out conducting surveyor fact finding in the field. (2) The data referred to in paragraph (1) consti tuting as the basis for evaluation and normally already stated in existing documents, either the document on planning, reporting, and other im portant documents, such as Amdal, RPK/RKL, etc. Article 12 (1) In the sampling referred to in Article 9 letter c, conducted to find out some parameters in the evaluation of successful forest reclamation, it is necessary to conduct technical sampling, such as, for percentage of plants growth and health level of the trees. (2) The sampling referred to in paragraph (1) in order to comply with representative principles, it is necessary to stipulate sampling Intensity, namelyofminimum 5'Vo (fivepercent). Article 13...... Artide15 Based theCriteri8 and Level Jndicator on 51 sful Forest Reclamation iefelTed to in Article 14, calculation of thetotai value shall be made us ing the formula below: Where: TN = Total Value TSi =Total score on criteria I of evaluation 5Mi = maximum value of criteria I n =total criteria a i = Weight for criteria i The totBI maximum value is 100. ArtlcIel& Based on I;altuIation of the total value re ferrelI-1Din Artide 23 the foliowIng criteria and con clusiGtwllltJeobtained: 1. TObII value > 80 : Good (result ofimpiementa tlonOf redamation is acceptable). 2. Total value &0 - 80 : Fair ( result of implementa t18l!lef NGfameticm.Js.,acceptabiewith the note that repair must be made In order-to reach the value of > 80.) 3. Total value < &0 : Poor (result of reclamation Is unacceptable and needsintensive maintenance). To release the loan and use forest zone, if the license is expired, then repairof reclamation may use the three (3) year maintenance period, so as to reach the sufficient value of > 80. Article 1.1 {1} The scoring and weight referred to In Article 9 letter d, shall be condllct8d in order to,provide quantitative evaluation; (2) The system ofscoring and weightprovision re ferred to in paragraph (1) shall be conducted on each criteria and parameter of successful forest reclamation. {3} The weight provision on each criterium with a total 100 weight. The level of weight value on each criterium shall be determined according to level of interest thereof. {4} the weight provision for each criteria shall be as follows: a. arrangement of land with a weight of30; b. ceilbol oferosion and sedimentation with a weight of 20; and c. revegetation with a weight of 50. (S) The scoring system is appiled on each param eter by providing maximum 5 score/value and the lowest value is given 1. Artlde14 (1)Witll'NSpect to the analysis refemld to III Ar tiCle 9 letter e, evaluation on successful forest redamation shall be oonducted in the field based on Table ofCriteria and Level Indicator on Suc cessful Forest Reclamation. (2)The Table and Level Indicator on Successful Forest Reclamation shall as set off in Attach ment1. ... .... 15802S-8026/11-3-201O TN= n i=1 [TS i/sM I x B I ] 24A Artide17 Method of evaluation for each criteria and parameter of successful forest redamatlon shall be as set forth in Attachment 2. CHAFTERV PROCEDUREOFEVAWATION Article 18 (r) Evaluation on the implementation of forest rec lamation shall be conducted by the Minister of Forestry by involving the relevant Minister, Gov ernor and Regent/Mayor according to their re spective authority. (2) This evaluation on the implementation offorest shall constitute the basis for determining suc cessful forest reclamation. d. elementof service Office of Province handling forestry; e. element of5ervice Officeof Province handling mining; f. element of service Office of Regency/Municipality handling forestry; g. element of Service Office of Regency/Municipality handling forestry; h. other related agencies. 2. The Provindal Team shall prepare Work Program on Evaluation ofSuccessful Forest Reclamation in accordance with the guideline containing among other things, method and technology of evaluation (evaluation, fact-finding, and map ping), division of evaluation task force, evalua tion time schedule, approved by the Head of service Office of Province handling Forestry as the basis for implementing evaluation. 3. After evaluation on successful foresty reclama tion is complete, Minutes shall be drawn up on the resultofevaluation and affiXed with the map signed by the Team, using the format of Min utes on the result of evaluation as referred to in Attachment 3. 4. The Head ofService Office ofProvince handling forestry shall report the result of evaluation on successful forest reclamation to the Ministerof Forestry with copy to the Director General of RLPS, Director General of Forestry Planology, and the Director General of of the Department of ESDM and other related parties, a. UPTelementoftheDepartment of Forestry related to (BPDAS/ BPKH/BP2HP/BKSDA) Secretary Members Article 19 The evaluation on successful fOl'est recla mation in provincial level shall be coordincated by provincial service office handling forestry, proVided that: 1. the Head of service Office of Province handling Forestry matterestablishes a Team with mem bers comprigng: Chairman service Office element ofProvince handling forestry; DASManagementCOmmunity Hall element Business News 8025-8026/11-3-2010 Artide20..... 25A Artide20 Evaluation of sUccessful forest reclamation by the Central Team is conducted by means of pick and test of the result of evaluation conducted by the Provincial Team. The evaluation conducted by the central Team is coordinated by the Director General of RLPS, provided that: 1. The Director General of RLPS on behalf of the MinisterofForestry shall establish Team ofEvalu ation on Successful Forest Reclamation in Pro vincial level which further referred to as cen tral Team with membership composition as fol lows: The person in-Charge: DirectorGeneralofRLPS O1airman : DirectorofRehabiliation ManagementofForest and Land Secretary : Head ofLand Preservation and Forest Reclamation, Directorate General of Members RLPS : a. elementofthe Directorate General ofMinerbapabum, Dep.ESDM b. elemetof the Directorate General of Forestry Planology,ofthe Department of Forestry c. elementof the Directorate General of PHKA ofthe Departmentof Forestry d. element ofthe Directorate General of RLPS, of the Departmentof Forestry e. elementof the Deputy of Natural Resources Preservation Improvementand Environmental Damage Control, MinistryofUving Environment. f. element of Service Office ofProvince handling forestry g. e1ementofUPTofthe Departmentof Forestry (BPDAS/ BPKH/BP2HP/ BKSDA) 2 The Central Team shall prepare Work Program based on the guideline containing among other things, method, technology for evaluation and time schedule for evaluation as approved bythe Director General of RLPS constituting the basis for conducting evaluation. Business News8025-8026jl1-3-2010 3. After..... 26A 3. After evaluation is complete Minutes shall be drawn up and affixed with the map signed by the Team. Example of Minutes can be seen on Table 14. 4. The Director General of RLPSas the Person in Charge of the Central Team shall review the re sult ofevaluation on sua:essfu1 forest reclama tion by inviting the Central Team and Provincial Team. 5. The Director General of RLPS shall report the result of evaluation on successful forest recla mation to the Minister of Forestry with copy to the Director General ofForestry Planology, the Director General of Minerbapabum of the De partment of ESDMand other related parties. CHAPTERVI RESULTOFEVALUATION Artide21 (1) The whole resultofevaluation on successful for est reclamation shall be compiled by the Central Team based on the result of evaluation con ducted by the Provincial Team and the result of re-checking in the field by the central Team. (2) The result of evaluation by the Central Team referred to in paragraph (1) shall constitute ma terial for consideration for extension of license for loan and use of forest zone and for release thereof, provided that: a. if the total value of the whole result of forest redamation reachl!$ :> 80, implementation of Business News 8025-8026/11-3-2010 forest reclamation shall be declared success ful and is acceptable; b. if the total value of the result of forest rec lamation reaches 60 - 79, then implementa tion of forest reclamation shall be declared unsuccessful so that it is unacceptable and needs further repair in order to reach a to tal value ofmimum 80; c. if the total value of the whole result of reda mation is < 60, then implementation offor est reclamation is unacceptable and needs intensive repair so as to reach the total value ofminimum 80; d. if the license for loan and use of land expired and the value of forest reclamation fails to reach 80, then the forest reclamation must be continued using the three (3) years pe riod of repair without extending the license for loan and use of forest zone until the total value ofminimum 80 is reached. CHAPTERVD RS'ORIJNG Article 22 (1) The result of Evaluation on 5uccessful Forest Reclamation is presented and provided in Final Report. (2) The final report shall contain definition of the result of evaluation on successful forest recla mation conducted, using the format as speci fied inAttachment 4. CHAPTERVIII...... CHAPTERVID Q..OSINGPROVISlON Article 23 This Regulation of the Minister of Forestry takes effect on the date it is enacted. For public cognizance, this Regulation of the Minister ofForestry shall be announced bV placing it in the State Gazette of the Republic ofIndonesia. Stipulated in Jakarta On september 17, 2009 MINISlCROFRlRESTRY OFTHEREPU8llCOFINDONESIA, sgd. H.M.S. KABAN Business News 8025-802~/11-3-2010 27A Enacted in Jakarta On september 29, 2009 MINISTEROFLAWANDHUMAN RIGHTS OFTHEREPUBLICOFINDONESIA, sgd. ANDI MATTALATTA STATEGA2ETTEOFTHEOFTHE REPUBUCOFINDONE SIA YEAR2009 NUMBER317 Note from Editor: Due to technical reason no Attachment is avail able. ===( MA )=== In view of:.......