Decree of the Minister of Forestry and Plantations No. 900/KPTS-II/99 RE Procedure for the implementation of surveys of the potential of concessions in the forestry sector and measurement as well as re-arrangement of the boundaries of their working areas

FORESTRY AND PLANTATIONS DEPARTMENT OF FORESTRY AND PLANTATIONS DECREE OF THE MINISTER OF FORESTRY AND PLANTATIONS NO: 900/KPTS·IJ/99 DATED OCTOBER 14, 1999 RE PROCEDURE FOR THE IMPLEMENTATION OF SURVEYS OF THE POTENTIAL OF CONCESSIONS IN THE FORESTRY SECTOR AND MEASUREMENT AS Wl;LL AS RE-ARRANGEMENT OF THE BOUNDARIES OF THEIR WORKING AREAS THE MINISTER OF FORESTRY AND PLANTATIONS l1 Considering : a. that by virtue of Decree of the Minister of Forestry No. 688/Kpts•ll/1996 dated October 25, 1996, previsions have been laid down on the procedure for financing the implementation of the arrangement of .boundaries of working areas of forest concessions operations, industrial estate concession, nature tourism concessions and activities to survey the reservation of forest concession areas; Bearing in mind b. C, CAFI 4.1/MA Y 30, 2000 that the said Decree of the Minister of Forestry referred to in point a is deemed to be no longer compatible with the circumstances and the development of forestry and plantation development at present, so that it must be improved; that in connection with the above, it is deemed necessary to stipulate provisions on the procedure for the implementation of surveys of the potentials of concessions in the forestry sector and measurement as well as re~arrangement of the boundaries of their working areas in a decree of the Minister of Forestry and Plantations. 1 . Act No. 5/1990 on the Conservation of Biological Natural Resources and Their Ecosystems; · · · 2. Act No. 41 /1999 on Forestry Affairs; 3. Government Regulation No. 33/1970 on Forest Planning; 4. Government Regulation No. 18/1994 on the Operation of Nature Tourism in the Zone of utilization of national parks, great forest parks and nature tourism parks; 5. Government Regulation No. 62/1998 on the Delegation of some of governmental matters in the forestry sector to the regions; 6. Government Regulation No. 6/1999 on l=orest Business Operations and the Collection of Forest Products in Production Forests; 11 7. Presidential Decree No. 61 /1998 io Presidential Decree No, 192/1998 on the Positions, Tasks, Organizational Structure and Working System of Ministries; · 8. Presidential Decree No. 122./M/1998 on the Establishment of the Development Reform Cabinet; 9. Decree of the Minister of Forestry No. 399/Kpts-11/1990 jo Decree of the Minister of Forestry No. 634/Kpts-11/1996 on Forest Confirmation Guidelines; 10. Decree of the Minister of Forestry No. 400/Kpts-U/199010 Oec,ee of the Minister of Forestry No. 635/Kpts-11/1996 on the establishment of a committee on boundary system; 11. Decree of the Minister of Forestry No. 5 7 /Kpts-11/1994 on guidelines on the arrangement of the boundaries of functions; ·. · 12. Decree of the Minister of Forestry and Plantations No. 677/Kpts• ll/1998 on Social Forests; 13. Decree of the Minister of forestry and Plantations No. 138/Kpts• U/1999 jo Decree of the Minister of Forest,v and Plantations Wo. 245/Kpts-11/1999 on the organization and working system of the Ministry of Forestry and Plantations; . 14. Decree of the Mtnister of Forestry and Plantations No. 312/Kpts• 11/1999 on the Procedure for the Granting of Forest Concessions through an Application; HAS DECIDED : To stlpualte : THE DECREE OF THE MINISTER OF FORESTRY AND PLANTATIONS CONCERNING THE PROCEDURE FOR THE IMPLEMENTATION OF SURVEYS Of THE P01'EltTIAl OF CONCESSIONS IN THE FORESTRY SECTOR AND MEASUREMENT AS,. WILL·AS RE•ARRANGEMENT OF THE BOUNDARIES OF THEIR WORKING AREAS~ Referred to in this dec,ee as : CHAPTER t GENERAL PROVISIONS Article 1 1,. a survey of. potential is a survey conducted in the context of the granting of concession areas; 2. boundary measurement and re•arrangement as an activity of field work in the context of obtaining legal certainty regarding the status and boundaries of concession areas; 3. co~¢essions .. ,e natural forest concessions, industrial estate concessions, nature tourism concessjons; hunting ground concessions, social frost concessions or other concessions; CAFI 43/MA Y 30, 2000 1.J 4. a Bol!ndary System Committee is a Forest Boundary System Commit,ee set up by the minister with the establishment being delegated to the governor; 5. a Boundary of Functions System Committe is a Boundary System Committee set up by the head of a regional office in the framework of re-arrangement of the boundaries of the functions of forests; 6, an outer boundary is the boundary between a forest are and a non-forest area, including the boundary of an enclave located within of forest area; 7. a boundary of functions is the boundary determining and or separating the functions of a forest; 8. an executive partner is a business company which has passed the pre-qualification as a capable supplier in the field of forestry and plantation services for the activities of surveys of potentials or measurement and re-arrangement of boundaries already selected by and registered at the Forestry and Plantation Planning Agency and or a regional office; 9. a type of concession area boundary is an individual boundary or a joint boundary located along and or within a .forest area already stipulated or appointed as a forest area in accordance with its functions; 1 O. the Minister is the Minister assigned and accountable in the forestry sector; 11 . a regional office is the regional office of the Ministry of Forestry and Plantations. CHAPTER II OBLIGATION OF CONCESSION APPLICANTS AND HOLDERS Article 2 (1) As for applicants for a concession area already obtaining an approval.in.principle from the Minister, they wilt be obligated to implement the activities of surveys of pote.ntials of the said forest areas; · · · · · (2) Concession holders are obligated to : (1) a. draw up a working plan about boundary measurement and re-arrangement; b. prepare the time schedule of the implementation of boundary measurement and re arrangement; c. prepare financing in accordance with the activity plan; d. implement boundary measurement and re-arrangement in the field· with respect to the concession area. · Article 3 If the boundaries of a concession area constitute outer boundaries or boundaries of functions already re-arranged by using the state budget, the conc·ession -h~iders concer~ed will be obligated to reimburse the cost of boundary re-arrangement to the· amount of the budget already forked out. 14 (2) If the outer boundaries or the boundaries of functions as meant in paragraph { 1) are no longer recognizable in the field, the concession holders concerned wilJ be obligated to darry out and finance the reconstruction of the outer boundaries or the boundaries of functions concerned without having to reimburse the cost incurred for the boundary system originating from the state budget. · · CHAPTER Ill PREPARATION First Part Activities of Surveys of Potentials Article 4 On the basis of the approval in principle from the Minister, the Forestry and Plantation Planning Agency will draw up activity plans., cost plans and the time schedule for the implementation of the activities of surveys of potentials. Second Part Activities of Boundary Measurement and Re-arragement Article 5 Regarding the work plans as meant in Article 2 paragraph 12) letter a, a concession holder will prepare a boundary projection map under the following provision: · a. the boundary projection map is made with reference to the basic map already stipulated; b. th~ boundary projection map is based on the map attached to Decree of the Minister on the g,ant g of consession areas and other information found in the concession areas, s.uch as the land being already converted into a titled piece of land, a village, a field, a rice-field or belng already occupied and tided by the community so that this particular land must be delineated in the boundary projection map; c, ·the bpundary projection map describes the scope of the extent of-a concession area; d. the pfeparation o-f a boundary projection map is made at the latest 60 (sixtvi days as from the receipt by a concession holder of the decree of the Minister on the granting of a ~onces.s)on are. Article 6 { 1 J A boundary projection m,iilp as meant in Article 5 is jointly discussed by a concession holder and the Forestrv and Plantation Planning Agency and or a regional ·office. (2) The d,scussion as meant in paragraph (1 l will be conducted for the boundaries of a concession area located within a forest area whose chain boundaries have been re-arranged ln the form of either individual boundaries or joint boundaries with one or more concessions and or the boundaries of a concession area constituting the outer boundaries or the boundaries of functions of a forest area, (3) The result of a discussion as meant in paragraph (1) will be e,wressed in the boundary prasectioo map and the boundary guideline, whic:h will be signed by the concession holder and approved by the Forestry and Plantation Phsnning Agency Of a regional area. CAFI 43/MA Y 30, 2000 CHAPTER IV APPOINTMENT OF EXECUTIVE PARTNERS First Part Activities of Surveys of Potentials Article 7 1li ( 1) An applicant for a concession area will propose executive partners who will undertake the activities of surveys of potentials to the Forestry and Plantation Planning Agency. (2J -After conducting an assessment, the Forestry and Plantation Planning Agency or a regional office may approve or reject the proposal on executive partners p,ut forw"rd as meant in paragraph ( 1 ) . (3) If the executive partners put forward are approved, the Forestry and Plantation Planning Agency or a regional office will appoint the executive partners by means of a Job Order. (4) After the Job Order as meant in paragraph (3) is issued, the said applicant for the concession area will draw up a working agreement with the executive partners. Second Part Activities of Boundary Measurement and Re•arrangement Article 8 (1 l After the boundary projection map and the boundary guideline are approved as meant in Article 6 paragraph (3), the concession holder will appoint the executive suppliers who will undenake the activities of boundary measurement and re-arrangement in the field, (2) The appointment of appointed executive partners as meant in paragraph ( 1) will be reported to the Forestry and Plantation Planning Agency or a regional office. ( 3) After the executive partners have been appointed as meant in paragraph ( 1 l, the concession holder will draw up a working agreement with the said executive partners. (4) A working agreement drawn up as meant in paragraph (3) is known by the head of the Forestry and Plantation Planning Agency or an official appointed by the head of a regional office. CHAPTER V IMPLEMENTATION First Part Activities of Surveys of Potential Article 9 (1) The activities of surveys of potential are undertaken by the executive partners under the supervision and guidance of the Forestry and Plantation Planning Agency and or a regional office. (21 The implementation of surveys of potential will be undertaken pursuant to the prevailing provisions. Second Part Activities of Boudary Measurement and Re-arrangement Article 10 {1 \ After the wor~ 9 agreement ls known/signed by the head of the Forestry and Plantation Planning Agency or an appointed official of the head of a regional off ice, a Executive Team to, 'Boundary Measurement and Re.arrangement will be set up, (2) An Executive Team set up by the head of the Forestry and Plantation Planning Agency or the head of a regional office as meant in paragraph (1) must immediately be taken to the field in order to undertake the activities of measurement and re-arrangement of the boundaries of the said concession area. !3) The Executive Team for Measurement and Re-arangement of the Boundaries of Concessiot"t Areas as meant in paragraph \2) will be made up of the representatives of = a. the forestry and Plantation Planning Agency as the coordinator/supervisor; b. a Forestry agency in the region as the party providing technical guidance; c. the regional administration and or representatives of the local commuriity as assistans; d. relevant concession holders as witnesses; e, executive partners as the executing parties. Article 11 The measurement and re•arrangement of the outer boundaries and the boundaries of functions of a forest area wiff be undertaken on the basis of the prevailing provisions. CHAPTER VI REPORTING First Part Activities of Surveys of Potentials Article 12 Repons of surveys of potentials in the form of documents of primary data resulting from field activities wiU betong to the Ministry of Forestry and Plantations. Second Part ActiVities of Boundary Measurement and Arrangement Article 13 ( 1 l A ftel' an official report on the result of the implementation of boundary measurement and an'angement has been signed by the Executing Team, a concessionaire will submit a draft to' the Forestry and Plantation Planning Agency or a regional office. ( 2) After the report as meant in paragraph ( 1 } is accepted, it will later be discusses by a Team of Assessment set up by the head of the Forestry and Plantation Planning Agency or the head of a ceglcmal office, (3~ The resu\t of the implementation of boundary measurement and ar<angement of a concession area will be declared as being completed if the report submitted by the concessionaire fulfils the requirements stipulated. CAFI 43/MA Y 30, 2000 11 Article 14 Oocuments containing primary data of the activities of boundary measurement and arrangement will belong to the Ministry of Forestry and Plantations. SANCTION First Part Activities of Surveys of Potentials Article 15 ( 1) If an applicant for a concession area fails to implement the activities of surreys of potentials within 30 (thirty) days as from the issua'nce of an approval in principle by the Mini~ter, the Forestry and Plantation Planning Agency wlll issue a warning to the applicant •.. (2) If after a warning has been given 3 (three> times with an interval of 7. (seve.n)::Workin.Q days each time, the applicant is yet to undertake the activities of surveys of potentials, the Forestry and Plantation Planning Agency may propose to the Minister .that the approval in principle already issued stiould be canceled. Second Part Activities of Boundary Measurement and Arrangement Artic:le 16 (1) 1.f a coricess1onaire fails to implement the activities as meant in Article 2 and Article 3, .the Forestry and Plantation Planning Agency or a regional office will give a warning for a maximum of 3 {three) times with an interval of 7 (seven) days each time in accordance with the stage of implementation. (2) After the warning as meant in paragcaph (1) has been given, the concessionaire is yet to f&i1lfi(l the stipulation as meant in Articles 2 and 3, the Forestry .and Plantation Planning Agency or a regional office may propose to the Minister that Administrative services (URKT, URKL and so forth) to the said concessoinaire should be terminated. (3) If the concessionaire is yet to be able to fulfil the stipulation as meant in paragraphs ( 11 and (2l because the executive partner is yet be able to undertake the job fn accordance .with the deadline already stipulated in the working agreement as meant in Article. 8 paragraph (3), th.e Forestry and Plantation Planning Agency or a regional office may. on the bas,s oi a report tram the concessionaire, give a warning for a maximum of 3 (three) times with an interval of 7 (seven) working days each to the executive partner. 14) If after the warning as meant in paragraph (3) has been given, the executive partner is yet to implement the work of boundary measurement and arrangement, the,forestry. and Pl1;mtation. ·Planning Agency or a regional office may propose. to the official issuing the List of Capable Partners that the executive partner as meant in paragraph. f3)., should be removed from the List of Capable Partners. l 1) CHAPTER VIII MISCELLANEOUS PROVISIONS Article 17 Financing tor the actMties of surveys of potentials and the. implementation of the measurement and arrangement of the boundaries of 8 concession area will be based on the cost standard prevailing tn the regions. t2) financing for the implementation of boundary measutement and arrangement in a common border of concession areas will be jointly borne by the concessionaires concerned. Artlcle 18 To implement boundary measurement and arrangement in a common border of concession areas, executive partners wiH be appointed by the Forestry and Plantation Planning Agency. A.-tic\e 19 The result of the boundary system arrangement in a concession area will be maintained and safeguarded by the concessionaire concerned and the result must be reported periodically to the • forestry and Plantation Planning Agency and Of a r99,ona\ office. CHAPTER IX TRANSITIONAL PROVISION Article 2.0 The result of surveys of potentials of a forest concession and the resutt of measurement and arrangement of the boundaries of concession working areas already implemented prior to the issuance of this. decree will remain valid and fufther, the activities of surveys of potentials and those of measurement and arrangement of boundaries of concession working areas which are still in the stage of implementation and which will be implemented must be adjusted to the provision in this• decree. Article 21 A technical guideline for the implementation of this decree will be regulated further by the head ·at the Forestry and Plantation Planning Agency. CHAPTER X CLOSING PROVISION Atticle. 22. With .the stipulation of this decree, Decree of the Minister of Forestry No. 688/Kpts-lt/1996 dated October 25, · 19s6 is declared null and void. Article 23 tt,,s .. dec:(ee wiil take effect as from the date of stipulation. CAFI 43/MA Y 30, 2000 Stipulated in Jakarta On October 14, 1999 MINISTER OF FORESTRY AMO PLA.NTATIONS sgd Or. Ir. MUSLlMIN NAS',JT\ON. 000000000