Regulation of State Minister of Environment No. 11/2006 on type of business plan and/or activity that require analysis of environment impact

3A TYPE OF BUSINESS PLAN AND/OR ACTIVITY THAT REQUIRE ANALYSIS OF ENVIRONMENT IMPACT (Regulation of State Minister of Environment No.llj2006 October 2, 2006) STATE MINISTER OF ENVIRONMENT, Considering: a. that to Implement provision In Article 3 part (2) Government Regulation No. 27/1999 regarding Analysis of Environment Impact there Is Decree of the StateMinister of Environment No. 17/2001 regarding Type of Busi­ ness and/or Activity that require Analysis of Environment Impact; b. that the decree of State Ministerof Environment No. 17/2001 regarding Type of Business and/or Activity that require Analysis of Environment Impact Is no longermatch with presentsituation, so there is a need to make amendment of that decree; c. that based on this consideration part (b), there is a need to issue regulation of state ministerof environment on Type of Business and/or Activity that requlreAnalysis of Environment Impact; In view of: 1. Law No.23/1997 (BN No. 6092 pages 19A-21A andso on) regarding Environmental Management (Statute Bookof 1997 No.G8, Supplement to Statute Book No.3699); 2. Government Regulation No.27/1999 (BN No. 6442pages 10A-21A andso on) regarding Analysis of Envi­ ronmentImpact (Statute Bookof 1999 No.59, Supplement to Statute BookNo.383B); 3. President Regulation No.9/2005 (BN No. 7182pages 2A-23A) regarding Position, duty, Function, organiza­ tion structureand workflow of the Ministry in accordance to amendment in President regulation No.62/200S; DECIDES: To stipulate: REGULATION OF STATE MINISTER OF ENVIRONMENT REGARDING TYPE OFBUSINESS PLAN AND/OR ACTIVITY THAT REQUIRE ANALYSIS OFENVIRONMENT IMPACT. Business News 75B1/11-2-2007 Article1 ..... Article 1 Type of business plan and/or activity that re­ quire Analysisof Environment Impact shall be similar to those in Attachment I. Article 2 Type of businessplan and/or activity that Is not included in Attachment I but the location has borders with protected area as in Attachment II require Analysis of Environment Impact. Article 3 In a condition that the scale of business plan and/or activity smaller than that In Attachment I but academic study considers it can bring impact on the environment, the regent, mayor or governor for Jakarta may state that the business plan require analysis of en­ vironment impact. Article 4 Regentor Mayor or Governor and/or people can propose to State Minister of Environment regarding type of business plan and/or activity that is not listed in at­ tachment I but has important impact on the environ­ ment to be included in business that require analysis of environment impact. Article 5 State Minister of Environment considersthe pro­ posal on businessthat requires analysis of pnvirnnmpnt impact as In Article 4. Article 6 State Minister of Environment can declare busi­ ness plan and/or activity that require analysis of envi­ ronment impact for types of business that are not listed in attachment I basedon consultation in Attachment III and recommendation from other ministers or heads of government tnsutuuons. Article 7 (l)Types of business plan and/or activity that require Analysis of Environment Impact similar to in attach­ ment I may reduce in case: a. impact of the business plan and/or activity can be controlled with science and technical capabil­ ity; and/or b. in fact the business plan and/or activity does not cause important impact on the environment. Business News 7581/11-2-2007 4A (2)Type of business plan end/or Ilctivity in pert (1) let­ ter a and letter b does not require analysis of envi­ ronment Impact. (3)In deciding the type of business plan and/or activity as in part (1) and part (2), Minister shall consider suggestion and input from related sector and expert. (4)Further provision regarding business plan andlor ac­ tivity exempted from business plan and/or activity that require analysis of environment impact as in part (1) and part (2) is stated In ministerial regula­ tion. Article 8 Type of business plan and/or activity that re­ quire analysis of environment impact as in attachment I can be re-evaluated at least once in five years. Article 9 Especially for genetic engineering, provision about type of business plan and/or activity that require analysis of environment impact as in Attachment I let­ ter M will be effective until the issuance of presidential regulation on Commission on Biosafety of Genetic Engi­ neering Product. Article 10 With this ministerial regulation becomes effec­ tive, the decree of State Minister of Environment No.171 2001 regarding type of businessplan and/or activity that require analysis of environment impact is declared inef­ fective. Article 11 This ministerial regulation shall be effective 2 months since the date of stipulation. Stipulated In Jakarta October 2, 2006 STATE MINISTER OF ENVIRONMENT, Sgd. tr. RACHMAT WITOELAR Editor's Note: Attachment is not obtained. ===( K )===