Regulation of the Minister of Forestry of RI No. P.46/Menhut-II/2009 concerning procedures for granting licences for collection of forest timber product or forest non-timber product in producing forest

6A PROCEDURE FOR GRANT OF LICENSE FOR COLLECTION OF FOREST TIMBER PRODUCT OR FOREST NON-TIMBER PRODUCT IN PRODUCING FOREST (Regulation of the Minister of Forestry of RI Number P.46/Menhut-II/2009, dated July 22, 2009) ¥aJHTHE~NGOFTHEONEANDONLYGOO MINISTEROFFORESTRYOF THEREPUBUCOFINDONESIA, COnsidering: a. that Article 45 paragraph (1) Government Regu lation Number 6 Year 2007 concerning Forest System and Structure of Forest Management Program and Forest Utilization, states that li cense for collection of forest timber product in Business News 7963/6-4-2010 natural producing forest (IPHHK-HA) is granted for fulfillment ofdevelopmentof the local com munity public facilities requirement, with the provision that the maximum volume is 50 (fifty) cubic meters abd not intended for trade; b. that Article 45 paragraph (2) states thatIPHHK HA is granted for fulfillment of the individuals need for maximum 20 (twenty) cubic meters but not intended for trade; c. that..... 7A c. that Article 46 paragraph (1) a/1d Article 47 paragraph (1) state that alllectlcm of forest tlm ber product (HHBK) in natural forest or culti vated forest resulting from rehabilitation in pro ducing forest Is granted for fulfillment of own need and may be traded; d. that Article 45 paragraph (3), Article 46 para graph (4), and Article 47 paragraph (5), statll that further provision on collection of forest product shall be further governed In Regulation of the Mlnlsteri e. that based on the above alnslderatlon, It Is nec essary to stipulate Procedure for Granting U cense for Collection of Forestnmber Product or Forest Non-nmber Product 1/1 Producing Forest, based on Regulation of the MinisterofForestry; In view of: 1. Law Number 5 Year 1990 concerning Preser vation of Biologic Natural Resource and Its Eco Iystem (Statute Book of the Republic oUndo nella Year 1990 Number 49, Supplement to Statute Book of the Republic of Indonesia Num ber3419}i 2. Law Number 41 Year 1999 {BNNo. 641.2JM9!M .tA-dA andso forth)alncemlng Forestry (Stat ute Book of the Republic ofIndonesia Year 1999 Number 167, Supplement to Statute Book Num ber 3888) al amended by Law Number 19 Year 2004 (BNNo. 7143J1lIfIB$2dA-29A)concemlng stIpullltlon ofGovemmentRegulation In Lieu of Law Number 1 Year 2004 concerning Amend ment to Law Number 41 V..r 11l1l9 conc:emlng 1lA1III.....Wl7963/6·4·2010 Forestry to become Law (Statute Book of the Republic of Indonesia Year 2004 Number 86, Supplement to Statute Book Number 4412); 3. Law Number 32 Year 2004 (BN No. 7l83pages .tA-1.tA andso forth}alncerning Regional Gov emment (Statute Book of the Republic of In donesia Year 2004 Number 125, Supplement to Statute Book of the RepUblic of Indonesia Number 4437) as amended by Law Number 8 Year 2005 concerning Stipulation of Govern ment Regulation In Uew ofLaw Number 3 Year 2005 (BNNo. 7218pages 20A-2.tA)concem Ing Amendmentto Law Number 32 Year 2004 concerning Regional Government to become Law (Statute Book of the Republic of Indone sia Year 2005Number 108, supplement to stat ute Book of the Republic of Indonesia Number 4548); 4. Law Number 25 Year 2007 (BN No. 7509pages 1..tA-27A)conceming Capital Invesb....,t (Stat ute Book of the RepubllcofIndonesla Year 2007 Number67; Supplement to statute Bookofthe Republlcoflndonesla Number4724}i 50 Government Regulation Number 27 Year 1999 {BNno. 6442pages1.0A-1.2A andso forth}aln cemlng Analysis on Environmental Impact(Stat .ute Book of the Republic oUndonesia Year 1999 Number 59, Supplement to Statute Book of the Republic oflndonesla Number3838}i 6. Government Regulation Number 44 Year 2004 concemll1g Forestry Planning (Statute Book of the Republic of Indonesia Year 2004 Number 146, Supplement to Statute Book of the Repub lie ofIndonesia Number4452}i 7. Government...... 7. Government Regulation Number 45 Year 2004 concerning Forest Protection (Statute Book of the Republic of Indonesia Year 2004 Number 147, SUpplement to Statute Bookofthe Repub HcofIndOllesia Number4453); 8. Government Regulation Number6 Year 2007 (BN No. 7529pages 1A-21A andso forth) concern ing Forest System and Structuring Forest Man agementand Forest Utilization (Statute Book of the Republic ofIndonesia Year 2007 Number 22, Supplement to Statute Book of the Republic of Indonesia Number 4696) as amended by Gov ernment Regulation Number 3 Year 2008 (BN No. 7630 pg. 17B-20B and so forth) (Statute Book of the Republic oflndonesia Year 2008 Number 16, SUpplement to Statute Bookofthe Republic oflndonesia Number 48140)i 9. Government Regulation Number 38 Year2007 concemlng Disbibutlon ofGovernmental Admin libatlon Between Central Government, Regional Governmentof Province and RegIonal Govern mentofRegencyIMunidpality (Statute Book of the Republic oflndonesia Year 2007 Number82, SUpplement to Statute Book of the Republic of Indonesia Number4737); 10. Decree of President of the Republic of Indone sia Number 187/M Year 2004 (BNNo. 7128pages 30A-31A)concerning Establishmentof Indone sia Bersatu cabinet, as amended several times and lately amended by Presidential Decree Num ber 31/P Year2007; 11. RegUlation of Presidentof the RepUblic ofIndo Business News 7963/6-4-2010 8A nesia Number 9 Year 2005 (BNNo. 7184pages 2A-23A andso fottfI)conoerning capadty, Duty, Function, Organizational Structure and Work Procedure ofthe State Ministry of the Republic of Indonesia, as amended several times and lately amended by PresIdential Regulation Num ber 20 Year 2008; 12. RegUlation of Presidentof the RepUblic of Indo nesia Number 10 Year 2005 (BN No. 7220 pg. 8B 12Band so forth) concerning Organizational Unit and Duty of Echehon I of the State Ministry of the State of the Republic of Indonesia as amended several times and lately amended by Presidential RegUlation Number 50 Year2008; 13. Regulation of the Minister of Forestry Number P.13/Menhut-I1/2005 concerning Organization and Work Procedure of the Department of For estry as amended several times and lately amended by P.64/Menhut-I1/2008 (State Ga zette Year 2008 Number80); DECIDES: To stipulate: REGlI AllONOflliEMlNlSfEROFFORESTRYOONCERN INGPROCEDUREFORGRANlING UCENSEFORCOIl.EC TIONOFFORESTTIMBERPRODUCTORFORESfNON 1IMIIERPRODUCTIN PRODUCING FOREST. CHAPTERI QOSINGPROVIS[QN Article 1 What ismeant In thllDecision by: 1. Ucensell!ll 9A 1. License for Collection of Forest Timber Product hereinafter referred to as IPHHKshall be as men tioned In Article 1 point 16 ofGovernment Regu lation Number 6 Year 2007 in conjunction with GovernmentRegulation Number 3 Year 2008. 2. License forCollection ofForestNon-TimberProd uct hereinafter refert'ed mas IPHHBK shall be as mentioned in Article 1 point 17 Government Regulation Number 6 Year 2007 in conjunction with Government Regulation Number 3 Year2oo8. 3. Individual shall be any memberofthe local com munity (domiciled around the forest being re quested for) that is qualified to act by law and Is Indonesian citizen. 4- Cooperativesshall be any business entity which members comprise individual person orcoopera tives legal entity which activities are based on cooperatives principle and at the same time con stituting as people ~nomicmotivator based on mutual cooperatiotlprinciple; 5. Core tree shall be young trees of commercial type with minimum diameter 20 (twenty) em that will form the main stem that will be felled in the next felling rotation; 6. Protected trees shall be types of trees or culti vation In the forest specified as protected trees; 7. Trees that may be felled shall be trees as speci fied in the license for felling; 8. Master trees shall be trees resulting from se lection among the forest stands that are main tained for the purpose of constituting as pro ducer of seeds or seedlings; Business News 7963/6-4-2010 9. Producing Forest for the purpose of Special Ob jection (HPTK) shall be forest area allocated for stand nursery garden, research, trial and de velopment garden, wild animal breeding place, education and training forest, where-building or construction for religious activity and cultural activity or local protection construction exist. 10.Minister shall be Minister assigned the duty and responsibility on Forestry matters; 11.service Office of Province shall be service Office assigned the dutyand responsibility on Forestry matter in Provincial·area; 12.service Office of Regency/Municipality shall be service Office assigned the duty and responsi bility on Forestry in Regency/Municipality area; 13.Director General shall be Director General as signed the duty and responsibility on Manage ment of Forest Product; 14.UPT shall be Technical Operating Unit of the DI rectorate General of Management Forest Prod uct. CHAPlERU PROCEDUREAND REQUIREMENTS FORAPPUCATION Article 2 (1) Applicant that may submitapplication for IPHHK HAshall be: a. individual as evidenced by statement from the Chief of the local Village; b. Cooperatives. (2) Location that may be applied for IPHHK-HAshall be: a.license...... lOA a. license-free producing forest; and/or b. not located within preserved zone, and Pro ducing Forest for the purpose of Special Ob jective (HPTK). (3) Location that may be used for IPHHBK in Natu ral Forest (IPHHBK-HA) or IPHHBK in Cultivated Forest (IPHHBK-HT) or IPHHBK in CUltivated For estResulting from Rehabilitation (IPHHBK-HTHR) in Producing Forest shall be: a. free-license producing forest; and/or b. if the location applied for is charged with li cense, written approval must be obtained from the license holder concerned; c. Cultivated Forest Resulting from Rehabilita tion; d. the location referred to in letter b may exist within preserved forest. and Producing For est with the purpose of Special Objection (HP11Q Article 3 (l)Application for IPHHK-HA or IPHHBK-HA or IPHHBK-HTor IPHHBK-HTHRmust be submitted by the applicant to the Head ofService Office of Regency/Munidpaloty. (2) Blank application fonn as specified in Attachment 1 to this Regulation. Article 4 The application referred to in Article 3 must comply with the requirements: a. recommendation from the local Village Chief or equivalent official; Business News 7963/6-4-2010 b. photocopy of Resident Identity card or other identity recognized by the local Village Chieffor individual applicantor Deed ofEstablishmentand its amendments for Cooperatives; c. sketch of area location applied for recognized by the local Village Chief; d. list of names, type of equipment to be used in conducting collection of forest product. OiAPTERm PROCEDURE FOREVALUATIONOF APPLlCA1l0N ANDGRANTOFUCENSE Article 5 (1) Based on the application submitted referred to in Article 3 paragraph (1), the license grantor shall evaluate: (2) the application for license based on compliance with requirements referred to in Article 4. Article 6 (1) If the requiremr:nts referred to in Article 4 are complied with, the grantor of IPHHK-HA or IPHHBK-HA or IPHHBK-HTor IPHHBK-HTHR li censein Producing Forest shall grant to the ap plicant in blank fonnat as specified in Attach ment 2 to this Regulation. (2) If the requirements referred to in Article 4 are not complied with, the Head of service Office of Regency/Municipality shall issue rejection let ter supported by the reasons for rejection to the applicant. CHAPTERIV GRANTOFPERMTIS Article 7 (1) IPHHK-HAfor individual purposeoriginating from felling shall be provided maximum 20 (twenty) cubic..... llA cubic meters fora tenn ofmaximum one (1) year and shall be non-extenable. (2) IPHHK-HA for the purpose of construction of pUblic facilities shall be granted maximum 50 (fifty) cubic meters for a term of maximum one (1) year and shall be non-extenable. (3) IPHHBK-HA, IPHHBK-lfTorIPHHBK-KTHRshallbe maximum 20 (twenty) tons for the respective Head of Family and may be traded for a term of maximum one (1) yearand may be extended. CHAPTERV OBllGATIONSANDPROHIBITION ArticleS (1) The hokIerofIPHHK-HAorIPHHBK-HAorIPHHBK 1fTor IPHHBK-HTHR shall be obliged to: a. prepare and submit report on IPHH activities periodically every month to the license grantor; b. the license grantor referred to in lettera must report to the Regent with copy to the Head of service Office of Province and the Direc tor General; c. protect the forest from damage resulting of illegal logging and destroying forest, hus bandry and fire; d. pay COmmission for Forest Resource (PSDH) in accordance with the prevailing statutory regulation; e. replant at least five (S) trees for each tree being felled with the same type. (2) The hoIderofIPHHK-HA shall be obliged to con duct inventory/marking of the forest timber procIuct to be felled / collected. BasInes$ News 7963/6-4-2010 (3) The hoIderofIPHHK-HAorIPHHBK-lfTorIPHHBK HTHR shall be prohibited from felling any tree under protection. (4) Other than the prohibition referred to in para graph (2), for collection activity of forest prod uct, it is prohibited from using mechanic tools/ heavy tools lime tractor, bulldozer, loader, skider, grader, wheel loader, excavatot and truck. (5) Transportation of forest product truck may used. CHAPTERVI CONTROLANDSUPERVISlON Article 9 (1)The Directorate General shall coordinate with the Regional-Owned Enterprise ofProvince thatcon trols the license issued by the Regency/Munici pality. (2) The Head ofService Office of Province shall ex ercise supervision over the holderofIPHHK-HA, IPHHBK-lfTandIPHHBK-KTHRissuedbytheHead of service Office ofRegency/Munidpality. (3) The Head ofService Office of Regency /Munici pality shall control the implementationof license for forest product collection. CHAPTERVII RfVOKEDUCENSE Article 10 License is revoked due to: a. expiry of the tenn; b. is returned to the grantor of license prior to expiry of the validity; c. is....-.. 12A c. is revoked due to the license holder violates teh provisions in the prevailing regulation. For pUbliccognizance, this Regulation of the Ministerof forestry shall be announced by placing it in the State Gazette ofthe Republic ofIndonesia. otAPn:RVID aniERPRO\IISION Artidell Procedure for imposition of penalty on the license for collection offorestproduct In producing forest shall be governed in Regulation ofthe Minis ter Forestry tersendlri. Stipulated in Jakarta OnJuly 22, 2009 MINISTEROFFORESTRY OFntE RfPUBUCOFINOONESIA, sgd. H.M.S.KABAN ATTACHMENT 1 Example of Application Form ofLicense for Collection of Forest Product srA1l:GAZETTEOFntE REPUBUCOFINDONESIA YEAR 2009 NUMBER216 Enacted In Jakarta OnJuly 24, 2009 MINIST'EROF LAWAND HUMAN RIGHTS OFntEREPUBUCOFINOONESIA, sgd. ANDIMATTALATTA .. , .Number CHAPTERIX TRANSlT1ONALPROVJSlON Artide12 License for collection of forest product granted prior to this decision is stipulated shall sur vive so long the right thereto Is not expired yet. CHAPTERX Q.05INGPROVJS[()N Artide13 (1) With this Regulation comes to force, Decision of the Minister Forestry Number 6886/Kpts-I1/ 2002 concerning Gudieline for GrantofRight to COllection of forest Product to the extent that it is not relating to the timber declared void. (2) Further implementation of this Regulation shall be governed by the Regent/Mayor, Governor, and/or Minister, in accordance with the provi sion in Article 3 paragraph (1) of the Regula tion. Artide14 This Regulation of the Minister of Forestry takes effett on the date it is enacted. Attachment SUbject : Application for Licensefor COllectlon of Forest Product in the name of: Business News 7963/6-4-2010 Dear.i!! 13A Dear Sir, The undersigned: Name Age : OCc:Ilpation : Address : KeJ'eIJYsubmits application to you to obtain license for CollectiOn ofForestTimber Product and/ or Non-Timber Product: a. in the Regency/Municipality area: ofForestry Administration Region: b. extel1tof Forest area : c. for the purpose of : d.duration e. type and volume of ForestProduct collected: For your consideration, we attached here with: 1 and soforth. We undertake to comply with all provisions in the prevailing statutory regulations. Thank you for your kind assistance and,we hope to obtain your approval. Yours faithfully, Applicant, Stamp DUty ( ..11111111.......1111) Business News 7963/6-4-2010 ATIACHMENT2 Exal1\.....m of License for Collection of ForestProduct Licensefor Collection ofForest Product for: FeIIing(T<JkingTunber/TaldngFon!stNon-lim her ProductAftermnsidering apprlCation letterNum her , dated , in the name of ...................., the grantor of license for Collection of Forest Product shall be as follows:: Name - Address - Area Location - Remarks Term - Forest - Forest Product - Time - License The holder ofthis license must comply with all prevailing regulation on Forestry. Failure to comply with the prevailing statu tory regulation, the holder of license may be charged penalty according to the prevailing law. .........., . License Grantor Official ( ) Copied to: 1. The Minister of Forestry 2. The Governor of Province 3. The Head of Service Office of Province assigned the duty and responsibility on Forestry in Pro vincialarea 4. The Head of Service Office of Regency/Munici pality assigned the duty and responsibility on Forestry in Regency/Municipality area. MlNISfEROFFORESTRY OFlliEREPUBllCOFINDONESrA, sgd. H. M.S. KABAN ===( MA )===