Regulation of the State Minister on Living Environment Affairs concerning living environment monitoring efforts and statement letter on capability to manage and monitoring the living environment

13A LIVING ENVIRONMENT MANAGEMENT EFFORTS AND LIVING ENVIRONMENT MONITORING EFFORTS AND STATEMENT LETTER ON CAPABILITY TO MANAGE AND MONITORING THE LIVING ENVIRONTMENT (Regulation of the State Minister on Living Environment Affairs No. 13 Year 2010, dated May 7, 2010) WITH THE BLESSING OFTHEONE AND ONLY GOD STATE MINISTER ONUVING ENVIRONMENT AFFAIRS REPUBUC OFINDONESIA, Business News 8065/2-4-2011 Considering: That in the context of exercising provisions of Ar ticle 35 paragraph (3) of Law No. 32 Year 2009 concern ing Protection and Management of the Living Environment, it i~i , . '~.. it is necessary to stipulate Regulation of the State Minister on Living Environment Affairs concerning Living Environ ment Management Efforts and living Environment Moni toring Efforts, and Statement Letter on Capability to Man age and Monitor the Living Environment; In view of: 1. Law No. 32 Year 2009 (BN No. 7880 pgs 6B-18B etc) concerning Protection and Management of the Living Environment (State Gazette of the Republic of Indone sia Year 2009 No. 140, Supplement to State Gazette of the Republic of Indonesia No. 5059); 2. Presidential Regulation No. 47 Year 2009 (BN No. 7927 pgs 2B-12B) concerning Establishment and Organiza tion of State Ministries; DECIDES: To stipulate: REr,UlATION OFTHF STATF MINISTFR ON IJVINr, ENVI RONMENT AFFAIRS CONCERNING UVING ENVIRONMENT MANAGEMENT EFFORTS ANDUVING ENVIRONMENT MONI TORING EFFORTS AND STATEMENT LETTER ON CAPABIL ITY TO MANAGE ANDMONITOR mE UVING ENVIRONMENT Article 1 In this Minister Regulation,definitions of terms used are: 1. Living Environment Management Efforts - Living Envi ronment Monitoring Efforts, hereinafter referred to UKL UPL (Upaya I-'engeloraan unqkunqan Hidup - Upaya Business News 8065/2-4-2011 14A Pemantauan Lingkungan Hidup), is management and monitoring on efforts and/or activities not imposing im portant impacts on the living environment required for decision making process on the performance of efforts and/or activities. 2. Statement Letter on Capability to Manage and Monitor the Living Environment, hereinafter referred to SPPL (Surat Pernyataan Kesanggupan Pengelolaa Il dan Pemantauan Lingkungan Hidup), is a statement 011 abil Ity from the responsible party on efforts and/or act.vr ties to exercise the management and monitoring of the living environment on impacts on the living environment from efforts and/or activities outside of efforts and/or activities obligated to be equipped with Analysis of Envi ronmental Impact (Amdal - Analisis Mengenai Darnpak Lingkungan) or UKL-UPL. 3. Initiator is the party responsible onefforts and/or artivi ties. 4. Chief of Regency / City Living Environment Agency i~; the chief of the agency exercising government affairs in the field of protection and management of regency / city livinyellvirolHnenL 5. Chief of Province Living Environment Agency of is the chief of the agency exercising government affairs in the field of protection and management of province living environment. 6. Deputy Minister is the Deputy of State Minister on Liv ng Environment Affairs whose duty and responsibility i~ in the field of Amdal. 7. Minister..... 7 Minister is the Minister exercising government affairs in the field of protection and management of the living 15A Article S The initiator submits UKL-WPL or SPPL to the: environment. Article 2 (1) Every effort and/oractivity not included in the criteria obligated to have an Amdal must possess UKL-UPL. (2) Everyeffort and/or activity not obligated to be equipped with UKL-UPL must compile SPPL. Article 3 (1) Types of efforts and/or activities obligated to be equipped with UKL-UPL or SPPL as meant in Article 2 shall be stipulated by the governor or regent/mayor based on result of filtering. (2) The filtering referred to in paragraph (1) shall be per formed in accordance with filtering guidance set forth in Attachment I constituting an inseparable part of this Minister Regulation. Article 4 (1) UKL-UPL shall be compiled by the initiator in accor dance with the compilation form set forth in Attach ment Il. (2) SPPL shall be compiled by the initiator in accordance with the compilation form set forth in Attachment III. (3) The attachments referred to in paragraph (1) and para graph (2) constitute Inseparable parts of this Minister Regulation. Business News 8065/2-4-2011 a. Chief uf Reqeucy / City Living Environment AS encv, if the efforts and/or activities are located within the area of one (1) Regency 1City; b. Chief of Province living Environment Agency, if the ef forts and/ or activities are located within: 1. the area of more than one (1) Regency 1City; 2. inter- Regency 1City; and/or 3. in the sea in a maximum of 12 (twelve) miles from the shore line into the open sea and/or to the di rection of territorial seas for provrnces, and 1/3 (one third) of the provincial territory authcrity for Regencies 1Cities; or c. Deputy Minister, if the efforts and/or activities are lo cated within: 1. the area of more than one (1) province; 2. an area in conflict with another country; 3. in the sea in a maximum of 12 (twelve) rnltcs mea sured from the shore line into the open sea: andl or 4. border of the Unitary State of the Republic 0< Indo nesia and another country. Article 6 (1) The initiator shall submit UKL-UPL or SPPL to the Chief of Regency 1City living Environment Agency, Chief of Province Living Environment Agency, or Deputy Minis ter in accordance with the authority referred tc in Ar ticle 5. (2) The Chief of Regency/ City Living Environment Agency, Chief of Province Living Environment Agency, or Deputy Minister issue a receipt as proof of receiving the UKL UPLor SPPL referred to in paragraph (1) to the initia tor who had met the compilation form of UKL-UPL or SPPL. (3) After receiving the UKL-UPL or SPPL that met the form referred to in paragraph (2), the Chief of Regency / City Living Environment Agency, Chief of Province liv ing Environment Agency, or Deputy Minister perform inspection on the UKL-UPLor SPPL, where-in its per formanca shall hp Cilrried out hy work units in chilrCle of the inspection of UKL-UPL or SPPL. Article 7 (l) The Chief of Regency / City Living Environment Agency, Chief of Province Living Environment Agency, or Deputy Minister have the obligation to: a. perform inspection of UKL-UPL in coordination with the agency in charge of efforts and/or activities and issuesa recommendation on UKL-UPL within a maxi mum of 14 (fourteen) work days from receiving a UKL-UPl; or b. perform inspection of SPPL and issues SPPL ap proval within a maximum of seven (7) work days from receiving a SPPL. (2) In the event there is a shortage of data and/or infor mation in UKL-UPL or SPPL and requires additional and/or corrections, the initiator has an obligation to perfect it and/or to complete it in accordance with Bu::,jne::,s News 8065/2-4-2011 16A the result of the inspection referred to in paragraph (1). (3) The Chief of Regency / City Living Environment ,~gency, Chief of Province liVing Environment Agency, or Deputy Minister has the obligation to: a. issue a UKL-UPL recommendation within CI maxi mum of seven (7) work days from receiving a UKL UPL having been perfected by the initiator; or b. provide approval for SPPL within a maxirr um of seven (7) work days from receiving a SPPL havinq been perfected by the initiator. (4) In thp event the Chief of Regency / City l.ivinq Erviron ment Agency, Chief of Province Living Environment Ayen<..y, or Depu ty Minister did f10L perform the inspec tion referred to in paragraph (1) or did not issue a UKL-UPL recommendation or SPPL approval with'n the period referred to in paragraph (3), UKL-UPL or SPPL that had been submitted by the party responsitle on the efforts and/or activities shall be deemed as having been examined and legalized by the Chief of Regency / City l.ivinq Environment Agency, Chief of Province Liv ing Environment Agency, or Deputy Minister. (5) The UKL-UPL recomrnencatton referred to In paragraph (3) letter a shall be issued in accordance with the form set forth in Attachment IV constituting an mseparable part of this Minister Regulation. Article 8 (1) UKL-UPLrecommendation as meant in Article 7 para graph (3) Jetter a shall be used as basis to: a. obtain ..... a. obtain environmental permit; and b. perform the management and monitoring of the living environment. (2) The permit issuing Official has the obligation to include requirements and obligations in the UKL-UPL recom mendation referred to in paragraph (1) in an environ mental permit. 17A ment Management Efforts and Living Environment Moni toring Efforts shall be revoked and declared as lot in ef fect any more. Article 11 This Minister Regulation commences to come to effect from the date of enactment. Article 9 (1) Expenses for the compilation and inspection of UKL UPLor SPPL are borne on the party responsible on the efforts and/or activities. (2) Administration and mailing costs, procurement of of fice utensils to support the process of inspection per fnrmanos of UK1-UPL or SPPL, issuance of UKL-UPL rec ommendation or SPPL approval, performance of man dying and cuntrulling, are borne on the: a. State Revenue and Expenditure Budget for the in spection of UKL-UPL or SPPL approval performed in the Living Environment Ministry; or b. Region Revenue and Expenditure Budget for the in spection of UKL-UPL or SPPL approval performed in Province Living Environment Agency or Regency 1 City Living Environment Agency. Article 10 By the time this Minister Regulation commences to come to effect, Decision of State Minister on Living Environment Affairs No. 86 Year 2002 (BN No. 6874 pqs 7B-9B) con cerning Guidance for the Performance of Living Environ Business News 8065/2-4-2011 For public cognizance, this Minister Regulation shall be announced in the State Gazette of the Republic of Indo nesia. Stipulated in Jakarta on May 7,2010 STATE MINISTERON liVING ENVIRONMENT AF=AIRS REPUBliC OF INDONESIA, sgd. GUSTIMUHAMMADHATIA Enacted in Jakarta On May 7, 2010 MINISTEROF LAW AND HUMAN RIGHTS REPUBliC OFINDONESIA, sgd. PATRIAliS AKBAR ===( D)===