Regulation of the State Minister of Environment No. 308/2005 on Implementation of Environmental Impact Analysis, Environmental Treatment Efforts, and Environmental Monitoring Efforts for Rehabilitation and Reconstruction of Nanggroe Aceh Darussalam Province and Nias Archipelago, North Sumatera Province

13A IMPLEMENTATION OF ENVIRONMENTAL IMPACT ANALYSIS, ENVIRONMENTAL TREATMENT EFFORTS, AND ENVIRONMENTAL MONITORING EFFORTS FOR REHABILITATION AND RECONSTRUCTION OF NANGGROE ACEH DARUSSALAM PROVINCE AND NIAS ARCHIPELAGO, NORTH SUMATERA PROVINCE (Regulation of the State Minister of Environment No. 308/2005 dated September 28, 2005) THE STATE MINISTER OF ENVIRONMENT, Considering: a. that, the earthquake and tsunami sweeping over 1. Law No. 23/1997 on Environmental Treatment (Stat­ ute Book of 1997 No. 68, Supplement to Statute Book No. 3699); Nanggroe Aceh Darussalam Province and Nias Ar- 2. Law No. 18/2001 on Special Autonomy for Special chlpelago, North Sumatera Province had caused Region of Aceh as Nanggroe Aceh Darussalam Prov death, extraordinary damages of facilities and infra- ince (Statute Book of 2001.No. 1.14, Supplement to structure killing various social aspects and operation Statute Book No. 4134); of government administrative functions; 3. Law No. 32/2004 on Regional Administration (Stat b. that, the regions swept by the earthquake and tsu- ute Book of 2004 No. 125, Supplement to Statute nami should immediately be rehabilitated to recover Book No. 4437); the psychological condition of the society, socio-eco nomic condition, and government administration through rehabilitation and reconstruction efforts; c. that, to immediately solve the above conditions, Government Regulation In Lieu of Law No. 2/2005 on Aceh and Nias Rehabilitation and Reconstruction Agency was issued; d. that, in the rehabilitation and reconstruction of the above regions, regulations concerning Environmen­ tal Impact Analysis and Environmental Treatment Ef­ forts (UKL) and Environmental Monitoring Efforts (UPL) could ~ot fully be applied; 4. Government Regulation In Lieu of Law No. 2/2005 on Aceh and Nias Rehabilitation and Reconstruction Agency (Statute Book of 2005 No. 35, Supplement to Statute Book No. 4492); 5. Government Regulation No. 27/1999 on Environmen­ tal Impact Analysis (Statute Book of 1999 No. 59, Supplement to Statute Book No. 3838); DECIDES: To stipulate: REGULATION OF THE STATE MINISTER OF ENVIRON­ MENT ON IMPLEMENTATION OF ENVIRONMENTAL IM e. that, considering the matters as meant in paragraphs PACT ANALYSIS, ENVIRONMENTAL TREATMENT EF a, b, c, and d, it is necessary to stipulate Regulation FORTS, AND ENVIRONMENTAL MONITORING EFFORTS of the State Minister of Environment on Implemen- FOR REHABtLITATION AND RECONSTRUCTION OF tation of Environmental Impact Analysis, Environmen- NANGGROE ACEH DARUSSALAM PROVINCE AND NIAS ta! Treatment Efforts, and Environmental Monitoring ARCHIPELAGO, NORTH SUMATERA PROVINCE. Efforts for Rehabilitation and Reconstruction of Nanggroe Aceh Darussalam Province and Nias Ar- CHAPTER I chipelago, North Sumatera Province; GENERAL PROVISIONS Article 1 In view of: Hereinafter referred to as: B•isiness News 7381/30-6-2006 1. Environmental .... 1. Environmental Impact Analysis (AMDAL) is analysis into potential and significant impact of an activity and/or operation to be operated on an environment, which is necessary for making of decisions concern­ ing operation of activity and/or operation; 2. Potential and Significant Impact is very significant changes on environment as a result of an activity and/or operation. 3. Term of Reference is the scope of environmental impact analysis, which is as a result of scoping; 4. Analysis on Environmental Impact (ANDAL) is care­ ful and in-depth analysis into potential and signifi­ cant impact of activity and/or operational plan. 5. Environmental Treatment Efforts (UKL) and Environ­ mental Monitoring Efforts (UPL) is analysis into iden­ tification of the impact of activity and/or operational plan not necessarily completed with AMDAL. 6. Initiator is a person or corporation responsible for a plan of activity and/or operation to be operated in the framework of rehabilitation and reconstruction of Nanggroe Aceh Darussalam Province and Nias Ar­ chipelago, North Sumatera Province. 7. Institution Responsible is the institution authorized to issue decision regarding environmental worthiness meaning that the rehabilitation and reconstruction of Nanggroe Aceh Darussalam Province and Nias Ar­ chipelago, North Sumatera Province are with the re­ spective governor. 8. Institution Supervising Activity and/or Operation is the institution conducting technical development of the concerne~ activity and/or operation. 9. Environmental Impact Control Institution is the in­ stitution responsible for environ men ta I impact con­ trol in Nanggroe Aceh Darussalam Province and North Sumatera Province. Business News 7381/30-6-2006 14A 10.AMDAL Evaluating Commission is a commission in charge of verifying document on environmental im­ pact analysis In Nanggroe Aceh Darussalam Prov­ ince and Norl:h Sumatera Province. 11.Mlnister is the minister in charge of environmental treatment. 12.Governor is the Governor of Nar;iggroe Aceh Darussalam Province and the Governor of North Sumatera Province. Article 2 (l)Every activity and/or operation of rehabilitation and reconstruction of Nanggroe Aceh Darussalam and Nias Archipelago, North Sumatera Province must be completed with AMDAL. (2)The activity and/or operation as meant in paragraph (1) is as specified in Attachment I to this regulation. (3)Activities and/or operations not stipula{et! in·para­ graph (2) must be completed with Environmental Treatment Efforts (UKL) and Environmental Monitor­ ing Efforts (UPL). Article 3 (l)The Governor may submit request for amendment to the list of activities and/or operations as meant in Article 2 to the Minister. (2)The request for amendment as meant In paragraph (1) shall be based on scientific considerations re­ garding the supporting and accommodating capacity of the environment and the local ecosystem typology. CHAPTER II AMDAL EVALUATING COMMISSION AND TECHNICAL TEAM Part One AMDAL EvalL)ating ¼ommission Article 4 (l)AMDAL Evaluating Commission is established: a. In ..... a. In Nanggroe Aceh Darussalam Province: by the Governor; b. In North Sumatera Province: by the Governor. (2)The Secretariat of the AMDAL Evaluating Commis­ sion as meant in paragraph (1) shall have its seat in the provincial environmental impact control institu­ tion. 15A (3)The AMDAL Evaluating Commission shall discuss the term of reference and evaluate environmental im­ pact analysis, environmental treatment plan, and en­ vironmental monitoring plan. ( 4)In performing its duties, the Commission as meant in paragraph (1), shall be assisted by a Technical Team and a Secretariat. Article 5 (l)The AMDAL Evaluating Commission consisted of members from the Provincial BAPPEDA, provincial en­ vironmental impact control institution, provincial in­ stitution for land affairs, provincial health institution, representative of the related institution in the prov­ ince, regental/municipal environmental impact con­ trol institution, provincial environmental organization, representatives of the society suffering from envi­ ronmental impact, and other members deemed nec­ essary. (2)The membership structure of the AM DAL Evaluating Commission consisted of Chairman and member, Secretary and member, and members. (3)The Chairman of the Commission is head of the pro­ vincial environmental impact control institution. ( 4)The Secretary of the Commission is Head of AMDAL Division having its seat in the provincial environmental control institution. (5) Further provisions regarding structure of the AM DAL Evaluating Commission as meant in paragraph (1) will be stipulated by the Governor. Business News 7381/30-6-2006 Article 6 (!)Chairman of the AMDAL Evaluating Commission shall have duties: a. To do coordination in evaluating term of refer­ ence, environmental impact analysis, environmen­ tal treatment plan, and environmental monitor­ ing plan; b. To submit materials to be considered by the AMDAL Evaluating Commission for making of de­ cision on term of reference and environmental worthiness to the Governor. (2)The Secretary of the AM DAL Evaluating Commission shall have duties: a. To assist the Chairman; b. To arrange results of discussion on term of refer­ ence, evaluation into environmental impact analy­ sis, environmental treatment plan, and environ­ mental monitoring plan conducted by the AMDAL Evaluating Commission. Part Two Technical Team Article 7 (l)The technical team that assisted the AMDAL Evalu­ ating Commission as meanf in Article 4 paragraph ( 4) consisted of professionals of the institutions su­ pervising the concerned businesses and/or activities, professionals of the provincial environmental impact control institution, professionals of the State Minis­ try of Environment, and other professionals in other related fields. (2)The membership structure of the technical team con­ sisted of a chairman and member and a secretary and member and other members, on condition total members sha.11 not exceed seven (7). (3) The technical team is established upon announce­ ment of actiyity and/or operational plan. (4)Further provisions regarding membership structure of the technical team as meant in paragraph (1) will be stipulated by the Chairman of the AMDAL Evalu­ ating Commission. Article ..... Article 8 The technical team shall have duties: a. To coordinate with the initiator in the process of scoping; b. To determine term of reference of environmental impact analysis; c. To report the term of reference of environmental impact analysis to the AMDAL Evaluating Commit­ tee; d. To give technical directives upon the arrangement of environmental impact analysis, environmental treatment plan, and environmental monitoring plan; e. To give technical evaluation on environmental im­ pact analysis, environmental treatment plan, and en­ vironmental monitoring plan; f. To report result of the evaluation to the AM DAL Evalu­ ating Commission and to give recommendation on the result of evaluation of AMDAL; g. To assist the AM DAL Evaluating Commission in pre­ paring recommendation on result of evaluation of AMDAL to the Governor in the framework of deci­ sion-making. CHAPTER III PROCEDURE OF AMDAL Part One Announcement Article 9 (l)The initiator to start arranging AMDAL document must: a. Notify its activity and/or operational plan to the institution responsible; b. To announce the activity and/or operational plan to the society according to the schedule of an­ nouncement agreed jointly with the institution responsible on the announcement board or in printed or electronic media. (2)The announcement as meant in paragraph (1) shall contain the following items: a. Name and address of the initiator; b. Location and scale/measure/size of activity and/ or operation; Business News 7381/30-6-2006 16A c. Types of activity and/or operation; d. Products; e. Potential impact; f. Date of publication of announcement and dead­ line for receipt of comments, opinions, and re­ sponses by the public; and g. Name and address of the institution responsible in receiving comments, opinions, and responses from the public. Article 10 Every person is entitled to submit comments, opinions, and responses, in writing, to the announced activity and/or operational plan within not later than ten (10) working days since date of announcement. Article 11 The AMDAL ~valuating Commission must con­ sider the comments, opinions, and responses from the public in giving recommendation regarding environmen­ tal worthiness of the activity and/or operation to be operated. Part Two Scoping Article 12 (l)In the framework of scooping of the evaluation of AM DAL, the initiator must provide data and informa­ tion, in writing, to the AMDAL Evaluating Commis­ sion. (2)The data and information as meant in paragraph (1) included: a. Activity and/or operational plan and alternatives to be evaluated in AMDAL; b. Components of activity and/or operation poten­ tial to generate impact; c. Environmental components potential to suffer from the impact of the activity and/or operation; d. Area where the impact will spread, based on eco­ logical and s¢JCial aspects; e. The society potential to suffer from the impact; f. Government ..... f. Government institutions or other parties poten­ tial to be affected or to affect the activity and/or operation; g. Other releva~t information. Article 13 ( 1) In the framework of the process of scoping, the tech­ nical team may ask for additional information from the initiator and other parties, and may conduct a site visit. (2)The technical team must report the additional infor­ mation as meant in paragraph (1) to the AMDAL Evaluating Committee, and the additional informa­ tion shall contain: a. Activity and/or operational plan and alternatives to be evaluated in AMDAL and the factors consid­ ered in deciding the alternatives; b. Groups of society that suffer from the impact nec­ essarily involyed in AMDAL; c. Government institutions or other parties neces­ sarily involved in AMDAL; d. Potential hypothetic impact to be evaluated in AMDAL. Article 14 (l)The technical team shall submit the term of refer­ ence of environmental impact analysis to the AMDAL Evaluating Commission. (2)The term of reference of environmental impact analy­ sis contained: a. The alternatives to be evaluated in environmen­ tal impact analysis study; b. Location of environmental impact analysis study; c. Potential hypothetic impact to be analyzed in en­ vironmental impact analysis study; d. Data on environmental hues necessary for envi­ ronmental impact analysis study; e. Depth of environmental impact analysis study; f. Professionalism necessary for the arrangement of environmental impact analysis study. Business News 7381/30-6-2006 17A Part Three Discussion of Term of Reference of Environmental Impact Analysis Article 15 (l)The AMDAL Evaluating Commission, the technical team, and the initiator shall jointly discuss the term of reference of environmental impact analysis to reach an agreement on the scope of environmental impact analysis study. (2)The AMDAL Evaluating Commission, based on the discussion as meant in paragraph (1) shall stipulate Agreement on term of reference of environmental impact analysis. Part Four Arrangement of Environmental Impact Analysis, Environment~\ Treatment Plan, and Environmental Monitoring Plan Article 16 (l)Based on the agreement on term of reference of environmental impact analysis as meant in Article 15 paragraph (2), the initiator must consult the soci­ ety who suffers from the impact, the related institu­ tions in the concerned province and regency/munici­ pality, and other parties deemed necessary. (2)The initiator must document the consultation as meant in paragraph (1) and must conclude the re­ sults of the consultation to be forwarded to the AMDAL Evaluating Commission. (3)The technical team may assist the initiator in doing the consultation as meant in paragraph (1). Article 17 The initiator must arrange environmental im­ pact analysis, environmental treatment plan, and envi­ ronmental monitoring plan based on the term of refer­ ence of environmental impact analysis stipulated by the AM DAL Evaluating Commission and the result of the con° sultation as ineant in Articles 15 and 16. Article ..... Article 18 (l)The initiator must consult the technical team in ar­ ranging environmental impact analysis, environmen­ tal treatment plan, and environmental monitoring plan. (2)The consultation as meant in paragraph (1) is nec­ essary to ensure that the arrangement of environ­ mental impact analysis, environmental treatment plan, and environmental monitoring plan was in ac­ cordance with the stipulated term of reference of environmental impact analysis. 18A (3)In case of inconformity of the term of reference of environmental impact analysis, environmental treat­ ment plan, and environmental monitoring plan with the term of reference of environmental impact analy­ sis and/or in case of changes of activity and/or op­ erational plan, the AMDAL Evaluating Commission shall make decision regarding the inconformity and/ or the changes after considering the recommenda­ tion of the technical team. (4)The Commission must submit result of the decision­ making as meant in paragraph (3) to the Governor. Article 19 (1) Environmental impact analysis documents shall con­ tain the following: a. Objectives and purposes of operation of activity and/or operational plan; b. Description of compatibility of activity and/or op­ erational plan with spatial arrangement plan, de­ velopment policies, and the applicable regulations; c. Description of activity and/or operation enabling the achievement of the objectives and purposes, including the proposed activity and/or operational plan; d. Environmental hues on the study location; e. Environmental impact as a result of activity and/ or operational plan; f. Directions of environmental treatment and moni­ toring. Business News 7381/30-6-2000 (2)Environmental treatment plan consisted of the fol­ lowing: a. Environmental components or parameters esti­ mated to experience significant changes based on the result of environmental impact analysis; b. Sources of impact; c. Indicators of impact to measure changes of envi­ ronmental components; d. Purposes of environmental treatment plan and indicators of environmental treatment perfor­ mances; e. Environmental treatment efforts; f. Environmental treatment location; g. Institution responsible for environmental treat­ ment. (3)Environmental monitoring plan shall contain the fol­ lowing: a. Environmental components or parameters moni tored; b. Sources of impact; c. Environmental parameters monitored; d. Purposes of environmental monitoring; e. Environmental monitoring methods; f. Term and fr~quency of monitoring; g. Environmental monitoring location; h. Institution responsible for environmental moni­ toring. Part Five Evaluation of Environmental Impact Analysis, Environmental Treatment P,lan, and Environmental Monitoring Plan Article 20 (l)The initiator shall submit result of evaluation of en­ vironmental impact analysis, environmental treatment plan, and environmental monitoring plan to AMDAL Evaluating Commission. (2)The AMDAL Evaluating Commission as meant in paragraph (1) must deliver a receipt to the initiator, and the receipt shall contain day and date of receipt of environmental impact analysis, environmental treatment ..... treatment plan, and environmental monitoring plan as meant in paragraph (1). Article 21 (l)The AMDAL Evaluating Commission shall assign the technical team to do technical evaluation into the resuit of environmental impact analysis, environmen­ tal treatment plan, and environmental monitoring plan submitt,ed by the initiator. (2)The technical evaluation as meant in paragraph (1) included evaluation into: a. Conformity of the content of environmental im­ pact analysis document, environmental treatment plan, and environmental monitoring plan as meant in Article 20; b. Compliance with regulations on the technicalities of the concerned sectors; c. Accuracy of application of methods of research/ analysis; d. Up-to-date-ness of the data applied; 19A e. Worthiness of design and/or technology and/or process of production applied. (3)In conducting evaluation, the technical team may consult professionals in environmental field and pro­ fessionals in the field of the activity and/or opera­ tion being evaluated. ( 4) The technical team shall report the result of the evalu­ ation as meant in paragraph (2) to the AMDAL Evalu­ ating Commission. Article 22 (l)The AMDAL Evaluating Commission shall evaluate the environmental impact analysis document, environ­ mental treatment plan, and environmental monitor­ ing plan in observance of the result of evaluation of the technical team. (2)In conducting the evaluation as meant in paragraph (1): a. Members from the related provincial· institutions Business News 7381/30-6-2006 shall conduct evaluation based on the aspects of the policies of the institutions represented by them; b. Members from the regency/municipality shall con­ duct evaluation based on the aspect of regional development and area development policies; c. Members from environmental organizations/non­ governmental institutions shall conduct evalua­ tion based on the aspect of environmental inter­ est; d. Members from representatives of the society shall submit public aspirations and interests. Part Six Decision-Making Article 23 ( 1) The AM DAL Evaluating Commission shall give rec­ ommendation on the result of evaluation into envi­ ronmental impact analysis, environmental treatment plan, and environmental monitoring plan to the Gov­ ernor for decision-making. (2)If the result of the evaluation of the AM DAL Evaluat­ ing Commission concluded that: a. A potentially and significantly negative impact generated by the concerned activity and/or op­ eration could not be solved by the available tech­ nology; or b. Cost of prevention of potentially and significantly negative impact is higher than the benefits of po­ tentially and significantly positive impact to be generated by the concerned activity and/or op­ eration, the Governor shall decide that the activ­ ity and/or operational plan is unworthy. (3)The institution authorized to issue operational license must reject the request for the operational license if the Governor issue the decision as meant in para­ graph (2). Article 24 Environmental impact analysis, environmental treatment plan, and environmental monitoring plan, and the ..... the copies of decisions on environmental worthiness or environmental unworthiness of an activity and/or op­ eration must be submitted to the Minister, the institu­ tion authorized to issue operational license, the related institutions, the concerned regent/mayor, and other parties deemed necessary. CHAPTER IV PROCEDURE OF ENVIRONMENTAL TREATMENT EFFORTS AND ENVIRONMENTAL MONITORING EFFORTS Part One Arrangement Article 25 (l)On types of activities and/or operations not manda­ tory to AM DAL, the initiator of the concerned activi­ ties and/or operations must arrange environmental treatment efforts and environmental monitoring ef­ forts before operating the project. (2)The environmental treatment efforts and environ­ mental monitoring efforts as meant in paragraph (1) shall be arranged pursuant to the environmental treatment and environmental monitoring form as specified in Attachment II to this regulation, (3)Environmental treatment efforts and environmental monitoring efforts must consider the conditions of the environment and the society at the location of operations so that the environmental treatment and environmental monitoring form could be adjusted to the actual condition. Part Two Submitting Environmental Treatment and Environmen­ tal Monitoring Form Article 26 The initiator shall file the environmental treat­ ment and environmental monitoring form to the provin­ cial institution responsible for environmental treatment. Article 27 ( 1) Based on the environmental treatment and environ­ mental monitoring form as meant in Article 25 para­ graph (2), the provincial environmental impact con Business News 7381/30-6-2006 20A trol institution must coordinate with the regency/mu­ nicipality and the provincial institution supervising the activity and/or operation to inspect the form within not later than seven (7) working days since receipt of the form. (2)In case of inconformity of the operational plan with the spatial arrangement plan and/or regulations on protected forests, the provincial environmental im­ pact control institution must instruct the initiator to relocate the location of activity and/or operation in compliance with the applicable regulations. (3)In case of lack of information written on the environ­ mental treatment and .environmental monitoring form, and additional information and/or revisions were necessary, the initiator must revise and/or com­ plete the above based on the result of inspection as meant in paragraph (1) within not later than, seven (7) working days. (4)The provincial environmental impact control institu­ tion must issue recommendation on environmental treatment efforts and environmental monitoring ef­ forts to the initiator within not later than ten (10) working days since receipt of the environmental treat­ ment and environmental monitoring form already revised by the initiator. Article 28 In case that the environmental treatment and environmental monitoring form did not need any revi­ sions, the provincial environmental control institution must give recommendation within not later than four­ teen (14) working days since receipt of the form. Article 29 The initiator shall file recommendation on envi­ ronmental treatment efforts and environmental moni­ toring efforts from the officer of the institution as meant in Article 27 to the competent institution for the issu­ ance of operational license. Article 30 (l)The officer of the institution authorized to issue operational ..... operational license must contain the terms and con­ ditions for environmental treatment efforts and en­ vironmental monitoring efforts in the operational li­ cense. (2)Copies of the license issued by the officer of the in­ stitution as meant in paragraph (1) must be submit­ ted to the institution responsible for environmental treatment and environmental control or the provin­ cial or regental/municipal institution responsible for environmental treatment according to the authori­ ties as meant in Article 25. 21A CHAPTER V SUPERVISION Article 31 (l)The initiator must submit report on operation of en­ vironmental treatment plan and environmental moni­ toring plan to t);le institution authorized to lssue li­ cense, the institution supervising the concerned ac­ tivity and/or operation, the State Ministry of Envi­ ronment, the governor, and the regent/mayor. (2)The environmental impact control institution and the regental/municipal environmental impact control in­ stitution shall perform: a. Supervision and evaluation into the operation of environmental treatment plan and environmen­ tal monitoring plan; b. Verification of the report submitted by the initia­ tor as meant in paragraph (1); c. Submission of supervision and evaluation reports to the Minister, the governor, and the regent/ mayor periodically, at least twice a year with car­ bon copies forwarded to the institution authorized to issue license. CHAPTER VI FUNDING Article 32 The cost of operations of the AM DAL Evaluating Committee and the Technical Team shall be charged to State and/or Regional Revenue and Expenditure Bud­ get (APBN and/or APBD), and acquired from other non­ binding sources. Business News 7381/30-6-2006 Article 33 (l)Cost of arrangement of environmental impact analy­ sis, environmental treatment plan, and environmen­ tal monitoring plan shall be borne by the initiator. (2)Cost of discussion of term of reference, evaluation of environmental impact analysis, environmental treatment plan, and environmental monitoring plan shall be borne by the initiator. Article 34 Cost of the supervision as meant in Article 31 paragraph (2) shall be charged to the account of the respective institution, and acquired from other non-bind­ ing sources of fund. CHAPTER VII CLOSING PROVISIONS Article 35 Environmental impact analysis document is an inseparable part of the contract document. Article 36 This regulation is only applicable to the reha­ bilitation and reconstruction of Nanggroe Aceh Darussalam Province swept by earthquake and tsunami on December 26, 2004 and Nias Archipelago, North Sumatera Province swept by an afterward earthquake on March 28, 2005.. Article 37 This regulation is valid since the date it is stipu­ lated and expired on April 16, 2009. Stipulated in Jakarta On September 28, 2005 THE STATE MINISTER OF ENVIRONMENT Sgd Ir. RACHMAT WITOELAR Editor's Note : Attachments are not available. ===( E )===