Regulation of the Minister of Public Works of RI No. 02/PRT/M/2013 on the Guidelines for Compiling Management Plan of Water Resources

GUIDELINE FOR COMPILING MANAGEMENT PLAN OF WATER RESOURCE (Regulation of the Minister of Public Works of R.I Number 021PRT1M12013, dated March 5, 2013) WITH THE BLESSING OF THE ONE AND ONLY GOD 3 MINISTER OF PUBLIC WORKS, Considering: Whereas, to implement the provision in Ar ticle 38 of Government Regulation of the Republic of Indonesia Number 42 Year 2008, concerning Man agement of Water Resource, it is necessry to stipu Presidential Regulation of the Republic of Indone sia Number 24 Year 2010, concerning Capacity, Duty, and Function of State Ministry and Organi zational Structure, Duty, and Function of Echelon I of State Ministry as amended several times and lately amended by Presidential Regulation Number 92 Year 2011; lated Regulation of the Minister of Public Works on 4. Presidential Regulation Number 33 Year 2011, Guideline for Compilation of Management Plan on concerning National Policy on Water Resource Water Resource Management.; Management; 5. Regulation of the Minister of Public Works Num In view of: ber 08/PRT/M/2010, concerning Organization and 1. Government Regulation Number 42 Year 2008, Work Procedure of the Ministry of Public Works; concerning Management of Water Resource (Statute Book of the Republic of Indonesia Year 6. Regulation of the Minister of Public Works Num 2008 Number 82, Supplement to Statute Book of ber 21/PRT/M/2010, concerning Organization and the Republic of Indonesia Number 4858); Technical Operating Unit work procedure of the Ministry of Public Works as amended by Regula 2. Presidential Regulation Number 47 Year 2009, tion of the Minister of Public Works Number 09/ concerning Establishment and Organization of PRT/M/2011. State Ministry as amended several times and late ly amended by Presidential Regulation Number 91 DECIDES: Year 2011; Business News 8561-856216-5-2014 39 To stipulate: source, efficient use of water resource, and con REGULATION OF THE MINISTER OF PUBLIC WORKS trol of water resource from damage. ON GUIDELINE FOR COMPILING WATER RESOURCE i 1 MANAGEMENT PLAN. 7. River watershed, shall be area of water resource management unit exercised in one or more river CHAPTER I watershed areas and/or islets the total area of GENERAL PROVISION which is less than or equivalent to 2.000 km2. Article 1 What is meant in this Regulation of the Minis- 8. River watershed, shall be any area of land con ter by: stituting a unit of river and its streams that natu 1. Water resource, shall be water resource, and wa- rally function to accommodate, store, and flow ter resource contained therein. the water originating from rainfalls to the lake or to the sea, which border of land constitutes topo 2. Water, shall be all water existing on, above, or graphic separator of the sea up to the water area under the earth surface, included in this interpre- still affected by land activities. tation is surface water, ground water, rain water, and sea water existing on land. 9. Pattern of water resource management, shall be the basic framework of planning, implementing, 3. Subsurface water, shall be all water existing on monitoring, and evaluating preservation activ the earth surface. ity of water resource, efficient use of water re source, and control damage to water resource. 4. Ground water, shall be water existing in earth layer or rocks layer under the earth surface. 10. Water resource management plan, shall be the re 5. Water resource, shall be the place of natural wa- to implement water resoure management. ter resource and/or artificial media existing on, above, or below the earth surface. 11. Ground water shale, shall be any area bordered by hydrogeologic border, the place where all hydro 6. Water resource management, shall be effort on geologic activity takes place, such as affixation, planing, implementing, monitoring, and evaluat- flowing, and releasing ground water prosesses. ing implementation of preservation of water re 40 Business News 8561-8562/6-5-2014 12. Water resource preservation, shall be effort to , maintain existence and subsistence of the condi tion, nature, and function of water resource, so as to be available at all time in adequate quantity public of Indonesia holding the power on admin istration of the State of the Republic of Indonesia as referred to in the 1945 Constitution of the Re public of Indonesia. and in good quality for the fulfillment of living, both now and forthcoming. 19. Provincial Government, shall be Governor and 13. Efficient use of water resource, shall be effort for other provincial regional elements constituting efficient system, supply, use development, and operating elements of regional administration. exploitation of water resource to optimum for the purpose of effectiveness and efficiency 14. Control of damage to water resource, shall be ef forts to prevent, control, and recover from dam age on environmental quality caused by damaged water resource. 15. Damaged water resource, shall be damaged wa ter resource that may harm ful to living 20. Regency/Municipality administration, shall be Regent/Mayor and other regional instruments of Regency/Municipality constituting operating ele ments of regional administration. 21. Service Department, shall be administration or ganization in pronvincial or regency/municipality ' levels having scope of duty and responsibility in water resource sector. 16. Water resource management institution, shall be 1 22. City Hall/River Area Hall, hereinafter referred to institution authorized to exercise water resource management. 17. Water resource coordinated management media, shall be institution where all stakeholders of wa ter resource sector coordinates in integrating their respective interests in various sectors, areas, and the stakeholders in water resource sector. 18. Central Government, shall be President of the Re as BBWS/BWS, shall be technical operating unit in charge of water resource. 23. Water Resource Management Coordinating Team, hereinafter referred to as TKPSDA. shall be water resource management coordinating media in river area. 24. Minister, shall be minister exercising administra tion affairs on public works and space layout. Business News 8561-8562/6-5-2014 41 25. National Board of Water Resource, shall be water compiled in the following phases such as: resource management coordinating media nation a. water resource inventory; level. b. compiling water resource management plan; and c. decision on water resource management plan. Article 2 (1) This Regulation of the Minister is meant as ref erence for BBWS/BWS and TKPSDA in compil ing and determining water resource management plan based on authority and responsibility. Article 5 (1) The water resource inventory referred to in Ar ticle 4, letter a is meant to collect data and infor mation on water resource constituting the basis for compiling water resource management plan. (2) This Regulation of the Minister is meant for the purpose that BBWS/BWS and TKPSDA may ex- (2) The data and information referred to in paragraph ercise integrated and continuous water resource (1) covers: management. Article 3 Scope of this Regulation of the Minister cov ers a. system for compiling water resource manage ment plan; b. objective of water resource management plan; c. review and evaluation of water resource manage ment plan; and d. systematic presentation of water resource man agement plan. CHAPTER II COMPILATION OF WATER RESOURCE MANAGE a. quantity and quality of water resource; b. condition of living enviornment and potential ity that relates to water resource; c. water resource and water resource infrastruc ture; d. water resource management institution; and e. condition of people social economy that re lates to water resource.. Article 6 (1) The water resource management plan referred to in Article 4, letter b, shall be prepared based on selected strategy existing on the pattern of water resource management in the river area concerned. MENT PLAN (2) The strategy referred to in paragraph (1) will be Article 4 selected by the water resource management co Water resource management plan, shall be ordinating media in the river area concerned. 42 Business News 8561-8562/6-5-2014 (3) The water resource management plan referred to in paragraph (1) must at least contain: a. result of analysis of the field for physical and non-physical efforts; b. basic design for physical and no-physical ef forts; and c. anticipated feasibility for physical and non physical efforts. Article 7 (1) The Minister, Governor, or Regent/Mayor shall make decision on water resource management plan referred to in Article 4, letter c, based on their respective authority and responsibility. (2) The decision on water resource management plan referred to in paragraph (1) shall be made after obtaining consideration from the water resource management coordinating media in the water area concerned. Article 8 (1) Water resource management plan is compiled for a period of 20 (twenty) years for each river area. (3) The compilation of water resource management plan referred to in paragraph (1) must be support ed by procedure for compilation and procedure for making decision as follows: a. water resource management plan in river area cross countries shall be as specified in At tachment I, point a; b. water resource management plan in river area cross provinces shall be as specified in At tachment I, point b; c. water resource management plan in national strategic river area shall be as specified in At tachment I, point c; d. water resource management plan in river area cross regencies/municiaplaties shall be as specified in Attachment I, point d; and e. water resource management plan in river area in the same regency/municipality shall be as specified in Attachment I, point e, constitut ing inseparable part of this Regulation of the Minister. (2) The water resource management plan referred to in paragraph (1) shall be compiled based on pro- Article 9 cedure for compilation specified in Attachment I Other than the procedure for compilation and constituting inseparable part of this Regulation of procedure for making decision as referred to in Article the Minister. 8, compilation of water resource management plan in Business News 8561-8562/6-5-2014 43 GOVERNMENT REGULATIONS each river area must also refer to the object of wa- administration shall mutatis mutandis apply to the ter resource management plan as specified in Attach i provisions in CHAPTER II of this Regulation of the ment II and the format for presentation as specified in , Attachment IV that constitute inseparable part of this Minister. Regulation of the Minister. CHAPTER V CLOSING PROVISION CHAPTER III Article 12 REVIEW OF WATER RESOURCE MANAGEMENT This Regulation of the Minister comes to force PLAN on the date it is enacted. Article 10 (1) The water resource management plan that has For public cognizance, this Regulation of the been stipulated may be reviewed at least once in Minister shall be announced by placing it in the State five (5) years through public consultation. Gazette of the Republic of Indonesia. (2) The water resource management plan that has Stipulated in Jakarta I been stipulated will be used as: Dated March 5, 2013 a. as the basis for compiling program and activ- MINISTER OF PUBLIC WORKS ity plan of each sector that relates to water resource; and OF THE REPUBLIC OF INDONESIA, sgd. b. as input in compiling, reviewing, and/or im provement of space layout of the area con DJOKO KIRMANTO cerned. Enacted in Jakarta Dated April 3, 2013 (3) The water resource management plan referred to MINISTER OF LAW AND HUMAN RIGHTS in paragraph (2) must be reviewed in phases of OF THE REPUBLIC OF INDONESIA review and evaluation as specified in Attachment sgd. 1 1 III that constitutes inseparable part of this Regula- AMIR SYAMSUDIN I 1 tion of the Minister. STATE GAZETTE OF THE REPUBLIC OF INDONESIA CHAPTER IV YEAR 2013 NUMBER 536 OTHER PROVISIONS Article 11 Note from Editor: The compilation of water resource manage- - Due to technical reason, no Attachment is provided ment plan constituting the authority and responsibil- herein. I ' I ity of provincial government or regencylmunicipatity ( MA I 44 Business News 8561-8562/6-5-2014