Presidential Decree Re-afforestation Fund (No. 29 of 1990)

WARTA CAFI NO. 100 AUGUST 23 1990 32nd YEAR. ====================================================~================== Official Announcement I G ENE R A L I THE PRESIDENT OF THE REPUBLIC OF INDONESIA Presidential Decree No. 29 Year 1990 dated July 1, 1990 RE RE-AFFORESTATION FUND THE PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering Bearing in mind NR. : a. that Re-afforestation constitutes an activity, which shall be carried out to guarantee the pre servation of forests as a national asset, and the environmental balance and to guarantee the continu ous efforts of providing/supplying raw material for the forest product processing industry; b. that the system of collection, use and supervision on the Re-afforestation fund can be more effective and efficient, as well as in the framework of smoothening the forest product trade in particular, and the economy in general, it is deemed necessary to improve the Presidential on Re-afforestation Fund; 1. Article 4 paragraph (1) of the 1945 Constitution; 2. Law No. 5 year 1967 re forestry basic provisions (State Gazette year 1967 No.8, Supplementary State Gazette No. 2823); 3. Law No. 5 year 1984 No. 22, Supplementary State Gazette No. 3274); 4. Government Regulation No. 21 year 1970 on Forest Exploitation Right and Collection of Forest Pro ducts (State Gazette year 1970 No. 31, Supplementa ry State Gazette No. 2935) as already amended by Government Regulation No. 18 year 1975 (State Ga zette year 1975 No. 22, Supplementary State Gazette No. 3055); 2240 CAFI 100 / 23-8-1990. 5. Government Regulation No. 33 year 1990 re Forest Planning (State Gazette year 1970 No. 50, Supple mentary State Gazette No. 2945); 6. Government Regulation No. 28 year 1985 re Forest Protection (State Gazette year 1985 No. 39, Supple mentary State Gazette No. 3294); 7. Government Regulation No.7 year 1990 re Timber Estate Exploitation Right (State Gazette year 1990 No. 11, Supplementary State Gazette No. 3404); HAS DECIDED To stipulate PRESIDENTIAL DECREE OF THE REPUBLIC OF INDONESIA RE-AFFORESTATION FUND. Article RE In this Presidential Decree, meant by 1. Re-afforestation· Fund is a fund collected from the Forest Exploita tion Right Holders, Forest Product Collection Right Holders and Timber Utilization Permit Holders, through Upstream Timber Proces , sing Industry Entrepreneurs. in the framework of Re-afforestation, development of Timber Estates, and rehabilitation of Forest Land; 2. Timber Estate is a plant forest, developed in the framework of in creasing the potential and quality of a production forest, by ap plying intensive sylviculture, to meet the requirement for raw rna terial of forest product Industries; 3. Forest territory or areas. which is not productive, shall be a forest territory or area, which is not productive economically. among others swamp forests, bushes. empty land, and sedge grass fields; 4. Upstream Timber Processing Industry shall be an industry, directly processing logs and/or chips raw material; 5. Obligatory collections and obligatory depositor of the Re-afforesta tion Fund are Upstram Timber Processing Industry Entrepreneurs. Article 2 (1) The Re-afforestation Fund constitutes an obligatory contribution. collected and deposited by the Upstream Timber Process ing Industry Entrepreneurs on logs and/or chips raw material. received by them. (2) The Upstream Timber Processing Industry Entrepreneurs are obliged to calculate and deposit by themselves the re-afforestation fund, constituting their obligation. NR. 2241 CAFI 100 / 23-8-1990. (3) In case the re-afforestation . fund can not be collected and deposit ed through the Upstream Timber Processing Industry Entrepreneurs, then the imposition and the collection shall further be regulated by the Minister of Forestry. Article 3 The Re-afforestation fund collection shall not at all nullity the obligation of Forest Exploitation right holders on the forest maintenance and re-juvenation in the territory or area of the forest exploitation right, operated by them, as stipulated in Law No. 5 year 1967 re forestry basic provisions, and all implementation regulations there-of. Article 4 The Re-afforestation Fund shall be used for funding/financing the re-afforestation activities outside the forest exploitation right territo ry or area, development of Timber Estates in non-productive forest territo ries or area, and rehabilitation of land in territories or areas as deter: mined by the Minister of Forestry. Article 5 The implementation Timber Estate development as meant in article 4, shall be conducted based on Government Regulation No.7 year 1990 re Timber Estate Exploitation Right. Article 6 (1) (2) (3) (4) NR. Every Upstream Timber Processing Industry Entrepreneur as obligatory collector and obligatory depositor of the Re-afforestation Fund, is obliged to register their companies with the Ministry of Forestry, to obtain a Forestry Contribution Obligatory Collector and Obligato ry Depositor Identification Number (NPWS-HUT). The registration for obtaining a NPWS-HUT shall be conducted within 2 (two) months at the latest, after the stipulation of this decree, or since the Upstream Timber Processing Industry has started its operations. The Ministry of Forestry is obliged to issue the NPWS-HUT within 7 (seven) work days since the receipt of registration from the Re afforestation Fund Obligatory Collectors and Obligatory Depositors. The Re-afforestation Fund Collectors and Depositors, who have not yet registered or not registered their companies as meant in para graph 1 and 2, shall be imposed with a functional Re-afforestation.. Fund by the Minister of Forestry, added by an administrative sanc tion, constituting a fine amounting to 50% (fifty percent) of the still Indebted Re-afforestation Fund. 2242 CAFI 100 / 23-8-1990. Article 7 (1) The Re-afforestation Fund shall be imposed with the following ta riffs: a. US$ 10,- (Ten USA Dollars) for each cubic meter logs of all kinds for carpentry, for each ton sandal wood, Ebony Wood of all assort ment; b. US$ 1,5 (One and a a half USA Dollars) for each Cubic meter chip/particle raw material, logging waste and other special as sortments. (2) The provisions on Logs for capentry, logging waste and other special assortments shall be further regulated by the Minister of Forestry. Article 8 (1) Re-afforestation Fund shall be indebted, at the time: a. The logs and/or chip raw material are received by the Upstream Timber Processing Industry at the Timber Storage Place. b. The logs and other timber as meant in article 2 paragraph (3), will be traded or used by himself. (2) Re-afforestation Fund indebted. shall be calculated on the basis of : a. The total receipt of logs and/or chip raw material, received with in one month, multiplied by the tariff as meant in article 7; b. The timber volume traded and/or used by himself, multiplied by the tariff as meant in article 7. Article 9 (1) The indebted Re-afforest.ation Fund as meant in article 8 paragraph (2) letter a, shall be collected and deposited at the place of the registered Upstream Timber Processing Industry. and shall obtain a NPWS-HUT. (2) The indebted Re-afforestation Fund as meant in article 8 paragraph (2) letter b, shall be collected and deposited at the location of the timber. (3) The deposit of the Re-afforestation Fund as meant in paragraph (1) and (2), shall be conducted in favour of the Account of the Minister of Forestry at a State Bank/Treasurer, appointed by the Minister of Forestry. Article 10 (1) The indebted Re-afforestation Fund NR. 2243 CAFI 100 / 23-8-1990. (2) a. As meant in article· 8 paragraph (2) letter a, shall be deposited on the tweentieth of the following month at the latest; b. As meant in article 8 paragraph (2) letter b, shall be deposited at the time as stipulated by the Minister of Forestry. Any delay of deposit of the Re-afforestation Fund as meant in para graph (1), shall be imposed by an administrative fine, constituting an interest, amounting to 2% (two percent) per month of the late deposited Re-afforestation Fund. Article 11 (1) Upstream Timber Processing Industry Entrepreneurs are obliged to a. Report each receipt of logs and/or chips raw material at the timber storage place, to the Minister of Forestry; b. Keep regular, complete and correct records on the acquisition, use and stock of logs and/or chips raw material, and the produc tion, sale and own use of processed timber, by mentioning the origin, volume and type of timber; c. Submit monthly reports, based on data as meant in letter b, to the Minister of Forestry, the Minister of Industry and the Minis ter of Finance, at the end of the following month at the latest. d. Submit Realization reports of the Re-afforestation Fund Payments to the Minister of Forestry with a copy to the Minister of Fi nance at the end of the following month at the latest. (2) Upstream Timber Processing industry Entrepreneurs, who do not im plement the obligation as meant in paragraph (1), shall be imposed with a functional Re-afforestation Fund by the Minister of Forestry, added by an administrative sanction, constituting a fine, of which the amount shall be determined by the Minister of Forestry after due observance to the opinion of the Minister of Industry and the Minister of Finance. Article 12 (1) Each log and I or chips raw material, transported by Entrepreneurs Forest Exploitation Right Holders, Forest Product Collection Right, holders, Timber Utilization, Permit Holders, and Upstream Timber Processing Industry Entrepreneurs, are obliged to complete it with a logs and / or chips raw material Transportation Certificate, issued by the company concerned. (2) Each processed timber, transported from an Upstream Timber Proces sing Industry, shall be furnished with Processed Timber Transporta tion Certificate, issued by the company concerned. NR. 2244 CAFI 100 / 23-8-1990. Article 13 (1) The Minister of Forestry can conduct an examination and verifica tion on the correctness of the implementation of obligations by the entrepreneurs, as meant in article 11 and article 12. (2) In implementing the provisions as meant in paragraph (1), the Mi nister of Forestry shall cooperate, with the Minister of Industry and the Minister of Finance. Article 14 (1) The use of the Re-afforestation Fund shall be implemented, based on the activities plan, composed by the Minister of Forestry, which has already obtained the approval from the President, of which the mechanism shall be regulated jointly by the Minister of Forestry and the Minister of Finance. (2) The Minister of Forestry shall report every Quarter to the Presi dent concerning the position of the Re-afforestetion Fund and the use there-of. Article 15 Obligatory collectors and Depositors of the Re-afforestation Fund, as meant in article 6 and article 11. who do not implement the payment and/or deposit of the Re-afforestation Fund properly, shall be sanction ed, in accordance with the effective provisions. Article 16 The further implementation of the Presidential Decree shall be regulated by the Minister of Forestry the Minister of Industry and the Minister of Finance jointly or individually, in accordance with their field of duties. Article 17 By exceptin9 the provIsIon as meant in article 2 paragraph (2), the Re-afforestation. Fund for the period of July 1, 1990 through June 3D, 1991, shall be imposed with the following provisions: a. The indebted Re-afforestation Fund shall be determined by the Mi nister of Forestry by issuing a Payment Order letter periodically. based on the report on logs and/or chips raw material receipts as meant in article 11 paragraph (1) letter a. b. In case an Upstream Timber Processing Industry Entrepreneur does not submit the report as meant in article 11 paragraph (1) letters a, b, and c. or submits an incorrect report, or if from the exami nation and verification result. conducted by the Forestry office. NR. 2245 CAFI 100 / 23-8-1990. there is a shortage of the Re-afforest~tion Fund Payment, then the Minister of Forestry shall functionally issue a Payment Order Letter of an Additional payment order letter of the Re-afforesta tion Fund, which is not yet-or short deposited, added with an ad ministrative sanction as meant in article 10 paragraph (2) and ar ticle 11 paragraph (2). Article 18 (1) An Upstream Timber Processing Industry Entrepreneurs has the obli gation to pay the Re-afforestation Fund for the stock of logs and/or chips raw material, available at his industry location, on June 30, 1990. (2) The indebted Re-afforestation Fund before July 1, 1990, shall still be fUlly paid/settled by the entrepreneurs of Forest Exploita tion Right, Holders Forest Product Collection Right Holders, ana Timber Utilization Permit Holders. Article 19 The further implementation of the provisions as meant in article 17 and 18 shall be regulated by the Minister of Forestry. Article 20 With the validity of this Presidential Decree, Presidential Decree No. 31 year 1989 is declared null and void. Article 21 This Presidential Decree shall come into force as from July 1, 1990. For public cognizance, to instruct the promulgation of this Presi dential Decree by its placement in the State Gazette of the Republic of Indonesia. Stipulated at Jakarta On : July 1, 1990 THE PRESIDENT OF THE REPUBLIC OF INDONESIA sgd. S 0 E H ART 0 NR. 2246 CAFI 100 / 23-8-1990.