Regulation of the State Minister of Living Environment No. 07/2010 on certification of competence in compiling analysis document on living environmental impact and institutional requirements for training competence in compiling analysis document on living environmental impact

9A CERTIFICATION OF COMPETENCE IN COMPIUNG ANALYSIS DOCUMENT ON LMNG ENVIRONMENTAL IMPACT AND INSTITUTIONAL REQUIREMENTS FORTRAINING COMPETENCE IN COMPIUNG ANALYSIS DOCUMENT ON LIVING ENVIRONMENTAL IMPACT (Regulation of the State Minister of Living Environment Number 07 Year 2010, dated January 19, 2010) STATEMINlSTEROFLMNG ENVIRONMENT, Considering: That to implement the provision in Article 28 paragraph (4) Law Number 32 Year 2009 con­ ceming Protection and ManagementofLiving Envi­ ronment it is necessary to govern certification of competence in compiling analysis document on liv­ ing environmental impactand institutional require­ ments for training competence in compiling analy­ sis documenton living environmental impact; To stipulate REGULA1ION OFTHESTATE MINISTEROFLMNG EN­ VIRONMENTON CERTIFICA1ION OFCOMPETENCEIN COMPIUNGANALYSISDOCUMENT ONLMNG ENVI­ RONMENTALIMPACTANDINSTITUTIONALREQUIRE­ MENTSFORTRAINING COMPETENCE IN COMPIUNG ANALYSISDOCUMENT ONUVING ENVIRONMENTAL IMPACT. Article 1 In view of: What is meant in this Regulation of the Min 1. Law Number 32 Year 2009 (BN No. 7933pages ister by: 1:t.A-27A and so forth) concerning Protection 1. Analysis on living environmental impact herein and Management of Living Environment (stat- after referred to as Amdal shall be important ute Book of the RepUblic ofIndonesia Year 2009 study on impact on any business and/or activ Number 140, Supplement to statute Bookof the ity programmed on the living environment that Republic ofIndonesia Number5059); is required for decision making in carrying out 2. RegUlation of the State Minister of Living Envi- business and/or activity. ronment Number 06 Year 2006 concerning Gen- 2. The service provlder institution for compiling eral Guideline for Standardized Competence of Amdal document shall be legal entity that oper Enviromental Personnel and Jnstitution services; ates in Amdal document compilation. 3. The person compiling Amdal document shall be DECIDES: Bu,,;n..ss News 8025-8026/11-3-2010 the person that hall eompetenee in certain qualification.... lOA qualification and profession in the compilation ofAmdal document. 4. Competence shall be capability of a person to carry out the duty and job based on knowledge, skill, and working attitude that are accountable. 5. Standard of competence shall be scale or crite­ ria containing formula on a person's capability based on knowledge, skill, and supported by working attitude and its application at the work place by referring to the required work refer­ ence. 6. Training on competence on Amdal shall be train­ ing on compilationof Amdal as governed in the Regulation of the Minister governing the cur­ riculum on compilation, assessment and guide­ line and criteria in the implementation ofAmdal training. 7. Training institution on Amdal competence here­ inafter referred to as LPK Amdal shall be insti­ tution that possesses fadlity and infrastructure for training in the compilation of Amdal docu­ ment and comply with the requirements stipu­ lated by the State Minister of Living Environ­ ment. 8. Competence test shall be activity to assess the level of knowledge, personnel skill and working attitude in achieving the stipulated standard competence. 9. Certificate of competence shall be recognition of competence of a person that complies with certain standard competence after passing com­ petence test. Business News 8025-8026/11-3-2010 10. Amdal competence certification institution here­ inafter referred to in as LSK Amdal shall be in­ stitution for competence certification institution and competence teSt for compilation of Amdal document. 11. Competence registration shall be series of ac­ tivities for registration and documentation on service provider institution for compilation ofof Amdal documentand Amdal and LPKAmdal docu­ ments that comply with certain requirements. 12. Quality management system shall be any sys­ tem operated to maintain quality of any activ­ ity covering planning, selection and assignment .of operating manpower, application of standard operational procedure, documentation, evalua­ tion and reporting. 13. Minister shall be Minister carrying out adminis­ tration affairs on protection and management of living environment. CHAPTERU REQUIREMENTSFORCOMPETENCEINCOMPIlING AMDALDOCUMENT Article 2 (1) The Amdal document submitted to the Amdal Assessment Commission must be compiled by the initiator. (2) In the compilation of Amdal document referred to in paragraph (1), the initiator may ask for assistance from the service provider institution for compiling the Amdal document that has ob­ tained competence registration certificate. C3lThe.... ItA (3) The person compiling the Amdal document re­ ferred to in paragraph (I) and paragraph (2) shall be obliged to hold competence certificate. (4) In compiling the Amdal docment. the person compiling the Amdal document referred to in paragraph (3) shall be obliged to use authtentic data and/or information and is based on scientifical norms. (5) The Amdal Assessment Commission referred to in paragraph (1) shall be obliged to reject any Amdal document submitted which compilation thereof fails to comply with the provision re­ ferred to in pada paragraph-ell or paragraph (2). Article 3 1heservice provider institutioncompiling the Amdal document as referred to in Article 2 para­ graph (3) shall be obliged to comply with the re­ quirements below: a. is in the form of legal entity; b. halO at least two (2) permanent wMkers that .p~pare the Amdaldocument thathold compe­ tence certificate with qualification lIS Head of Compiling Team oftheAmdal document; c. holds work agreement with temporary worker compiling the Amdal document that holds com­ petence certificate for compiling Amdal docu­ mentand all the personnel involVed in the com­ pilation of Amdal documentthat is accountable by law, including impartiality; d. possesses quality management system; and Busm-News8025-8026/11-3-2010 e. exercises internal quality control on the compi­ lation ofAmdal document,. including maintaining the principle of impartiality and/or avoidanceof conflict of interest. Article 4 (I) The compilation ofAmdal document referred to in Article 2 shall be conducted by a Compiler Team dUly stipulated by the initiator or service provider institution for preparaing Amdal docu­ ment (2) The CompilerTeam referred to in paragraph (1) consists of: a. chairman of the Team; and b. memberofthe Team. (3) The Compiling Team referred to in paragraph (1) shall comprise at least three (3) persons com­ piling Amdal document that hold competence certificate, including one (1) person that is qualified as chairman of the Team. (4) The Compiling Team referred to in paragraph (I) shall be obliged to involve expert based on the important impact caused by business program and/or.activity. Article 5 (I) The Chairman of the Team referred to in Article 4 paragraph (2) lettera shall be obliged to com­ ply with the competence standard ofqualifica­ tion of the Chairman of Team of the compiling person as set forth in Attachment I to this Regu­ lation of the Minister. (2) Members..... ,12A (2) Members of the Team refem!d to in Article 4 paragraph (2) letter b shall be obliged to com­ ply with the competence standard of qualifica­ tion ofmembers of theTeam for Qllllpiling Amdal document as set forth in Attachment II to this Regulation of the Minister. (3) The Attachment refem!d to in paragraph (1) and paragraph (2) shall constitute inseparable part of this Regulation of the Minister. CBUIflCATION Article 6 (1) Competence certification of Amdal document compiling person shall cover activities refem!d to below: a. competence test; and b. issue ofcompetence certificate. (2) ThecompetencecertirlCation leferred to in para­ graph (1) shall be conducted by the LSI< Amdal appointed by the Minister. Article 7 (1) The LSKAmdalrefenedto inArtide 6 paragraph (2) shall be obliged to comply with the criteria below: a. quality management system; b. the testing person/assessor shall have at least ten (10) years experience in compiling Amdal document; c. public information system relating to imple­ mentation of competence test; and Business News 8025-8026/11-3-2010 d. mechanism for handling complaints from ser­ vice users and the public. (2) The LSKAmdallefem!d to in paragraph (1) shall be obliged to: a. provide the data basis of the certified per­ SOI1ne1 Qllllpiling theAmdal document; and b. report the implementation of competence certification to the Minister. Article 8 (1) The competence test refem!d to in Article 6 let­ ter a must be supported by: a. the potential Amdal document compiling per­ son that has attended competence training forcompiling Amdal document; b. the potential Amdal documentcompiling per­ son that has work experience considered to have competence that complies with the re­ quirements; 01' c. the holder of competence certificate which validity is expired. (2) The material for competence testshall be com­ piled by the LSK Amdal based on the standard competence as refem!d to in Article 5. Artide9 (1) The competence certificate refem!d to in Ar­ ticle 6 paragraph (1) letter a will be issued af­ ter having passed the competence test. (2) The competence certificate referred to In para­ graph (1) is valid for three (3) years and is extenable. CHAPTERIV...... 13A CHAPTERIV lRAININGONCOMPETENCE ArtidelO (1) Training on competence for potential Amdal document compiling person shall be conducted by registered LPK. (2) The competence training referred to in para­ graph (l) shall be conducted based on the pro­ vision governed in Regulation of the Minister on the curriculum of compilation, assessment and guideline, as welfas the criteria for conducting Amdal training. (3) The LPKAmdal referred to in paragraph (1) shall be obliged to provide public information on the implementation of competence training of the Amdal document compUing person. CHAPTERV OOMPEJENCEREGISTRATION Artide11 (l) The service provider ofAmdal document compi­ lation that has complied with the requirements referred to in Article 3 and LPKAmdal that com plies with the requirements referred to in Ar­ tide 10 shall be obliged to conduct competence registration at the State MinisbyofLiving Envi­ ronment. (2) The State Ministry of Living Environment shall grant registration identification number to the service provider institution of Amdal document . compillltion lindregistered LPK Amdlli. Business News 8025-8026/11-3-2010 Article 12 (l) The State Ministry ofUving Environmentreferred . to in Article 11 paragraph (l) shall provide pub­ lic information on: a. the registration of service provider institu­ tion of Amdal document compilation cover­ ing: 1. the number and date of registration; 2. the identity of the service provider insti­ tution; 3. the person in charge of technical matter in the implementation ofAmdal document compilation; and. 4. list ofAmdal document compiling person­ nel holding competence certificate and assigned to compile Amdal document. b. registration of LPKAmdal covering: 1. the number and date of registration; 2. the identification of LPKAmdal; 3. the person in charge of competence train­ ing for Amdal compiling person; and 4. the list of regular and temporary teach ers. (2) The service provider institution for Amdal docu­ ment compilation and LPK Amdal referred to in Article 11 paragraph (l) shall be obliged to up­ date the information covering registration. CHAPTERVI MANAGEMENTANDSUPERVISlON Article 13 (l) The Minister shall manage the LPK Amdal and LSKAmdal. (2) The Minister..... 14A (2) The Minister, Governor, or Regent/Mayor shall manage service provider institution for Amdal documentcompilation. (3) The Minister may cooperate with regional gov­ ernment of province and/or regional govern­ ment of regency/municipality in the manage­ mentofAmdal LPK. (4) The management referred to in paragraph (1) and paragraph (2) shall cover, among other things,: a. provision of relevant and updated informa­ tion to the competence training institution and the teachers; and b. provision of technical guideline containing procedure and technical clarification for Amdal document compilation. Article 14 (1) The Minister shall exercise supersivion on the LPKAmdal and LSKAmdal. (2) The Minister, Governor, or Regent/Mayor shall exercise supervision on the service provider in­ stitution for Amdal document compilation. (3) In exercising the supervision on the LPKAmdal referred to in paragraph (1), the Minister may cooperate with regional government of prov­ ince and/or regional government of regency/ municipality. (4) The supervision referred to in paragraph (1) and paragraph (2) shall be exercised by means of periodical inspection and at any time on the ser­ vice provider institution ofAmdal document com­ pilation, LPKAmdal and LSKAmdal. Business News 8025-8026/11-3-2010 Article 15 (1) Based .on the result of supervision referred to in Article 14, the Minister shall be authorized to freeze competence registration of: a. service provider institution for Amdal docu­ mentcompilation that fails to comply with the requirements referred to in Article 3; b. service provider institution for compilation of Amdal document copying and/or faking data in the compilation ofAmdaJdocument; or c. LPK Amdal that fails to comply with the re­ quirements referred to in Article 8. (2) The Minister shall be authorized to revoke com­ petence registration of service provider insti­ tution forcompiJing Amdal documentand/orLPK Amdal ifafter been frozen the service provider institution for compilation of Amdal document and/or LPK Amdal still fails to comply with the provision referred to in paragraph (1) letter a, letter b, or letter c. (3) In such freeZing condition or revocation of com­ petence registration, the LPK Amdal shall be prohibited from conducting training on compe­ tence of the Amda~CQmpilingperson. (4) In such freezing condition or revocation ofcom­ petence registration, the service provider in­ stitution for compilatioo:ofAmdal documentshall be prohibited from compiling Amdal document. (5) The Minister shall inform the public on \:hefreez­ ing and revocation of competence registration of service proVider institution for compilation of Amdal documentand j..PKAmdal. Article 16.... 15A Article 16 tence certificate for compiling Amdal docu (1) The LSK Amdal shall exercise supervision on ment. Amdal compilation that hokts competence cer- (4) The procedure for freezingor revocation ofmm tificate. petence certificate for compiling Amdal docu (2) The supervision referred to in paragraph (1) ment referred to in paragraph (3) shall be stipu shall be exercised based on the criteria for lated by the LSKAmdal after obtaining approval maintaing competence certificate and mecha- of the Minister. nism for supervision. (5) The LSI<Amdal shall inform the public on the (3) Criteria for maintenance ofcompetence certlfi- freezing and revocation of competence certifi cate and mechanism of supervision I efened to cate for compiling Amdal document to the Min in paragraph (2) shaH be stipulated by the LSI< ister. Amdal with approval of the Minister. Article 17 (1) Based on the result of supervision referred to in Article 16, LSK Amdalshan be authorized to freeze or revoke the competence certiflc:ate of the Amdal documentcampllingpersonnel ifthe holder of certificate: a. is copying andlerfaldngthedata in compil­ ing the Amdal document; or b. fails to comply wlththe a itelia formaintain­ ingcompetence certificate referred to in Ar­ ticle 16 paragraph (3). (2) In the freezing condition or revocation ofcom­ petence certificate, compiling of Amdal docu­ mentshall be prohibited. (3) The procedure for freezing or revocation re­ ferred to in paragraph (1) shall be conducted bymeans offreezing orrevokcing the compe BusinllsNews8025-8026/11-3-2010 CHAPfERVII FINANCE Article 18 (1) TheaJStfOrcondudingmmpetencetrainingand competIence certification shall be charged to the participant. (2) The cost for competence registration shall be chaf9ld~theapplicant. (3) The standard costfor competence certification shaIlbedetermined by the LSI< Amdill after ob­ tainin!tcollsideration from the Minister. (4) The mst for competence registration shall be determined by the Minister. Article 19 (1) The cost for management and supervision re­ ferred to in Article 13 and Article 14 incurred by the Minister shall be charged to the State Budget..... 16A BUdget and Expenditure (APBN) to the State MinistryofLiving Environment. (2) The cost for management and supervision re­ felTed to in Article 13 and Article 14 incurred by the Governor shall be charged to the state BUdgetand Expenditure of the Region (APBD). (3) The cost for supervision referred to in Article 16 shall be charged to the LSKAmdal. CHAPTERvm TRANSllIONALPROVJS[ON Article 20 By the time this Regulation of the Minister comes to effect, within a period ofat the latestOc­ tober 3, 2010: a. any Amdal compilation must possess compe­ tence certificate for compiling Amdal document; b. any service provider institution for compilation of Amdal document shall be obliged to possess competence registration identification; and c. any lPK Amdal shall be obliged to possess com­ petence registration. OtAPTERIX Q.OSINGPROVJS[ON Article 21 By the time this Regulation of the Minister comes to force: a. RegUlation of the State Minister of Living envi­ ronmentNumber11 Year 2008 conceming Com BusinessNews 8025-8026/11-3-2010 petence Requirement forCompiling Environmen­ tal ImpactAnalysis Documentand Competence Training Institutional Requirementfor Compiling Living EnVironmental ImpactAnalysis Document is revoked and declared null and void; and b. The provision on obligatory accredited LPK AMDAL by the National Accredited Committee governed in Decision of the State Minister of liv­ ing EnvironmentNumber118Year 2004 concern­ ing the Curriculum for Compilation. Assessment and Guideline and Criteria for Conducting Train­ ing on Uving Environmental Impact is revokedand declared null and void. Article 22 This Regulation of the Minister comes to force on the date it Is stipulated. Stipulated in Jakarta On January 19. 2010 srATEMINISTEROFUVING ENVIRONMENT, sgci. PROF. DR. IR.GusTIMUHAMMAD HATTA, MS Note from Editor: Due to technical reason no Attachment is included herein. ===( MA )===