Regulation of the Governor of the Province of Jakarta Capital Special Region No. 65/2007 on procedures for licensing the exploitation of surface water

5A PROCEDURES FOR LICENSING THE I::XPLOITATlON 01-' SURfACE WATER (Regulation of the Governor of the Province of Jakarta Capital Special Region Number 65 Year 2007 dated May 7, 2007) BY THE GRACE OF GOD ALMIGHTY THE GOVERNOR OF l'HE PROVINCE OF JAKARTA CAPITAL SPEGAL REGION, Considering: a. that the uncontrollable exploitationof surface water reduce surface water qualitativelyandquantitatively thus causing negative effect to the environment; b. that in order to preserve the quality and quantity of surface water aswell as conserve surface water re source, it is necessary to control the exploitation of surface water; c. that inaccordance with the considerations asreferred to in letters a and b, it is necessary to stipulate a regulation of the Governor regarding Procedures for Licensing the Exploitation of Surface Water; Tn vip.w nf~ 1. Law Number 23 Year 1997 (BN No. 6092 pages 19A-21A andso on) regarding Environmental Man agement; 2. LawNumber 34 Year 1999regarding The Provincial Administration of Jakarta capital Special Region; 3. Law Number 7 Year 2004 (BN No. 7077 pages 16A-23A andso on) regarding Water Resource; 4. Law Number 10 Year 2004 (BN No. 7:169 pages 14A-21A andso on) regarding Enactment of Leg islation; 5. Law Number 32 Year 2004 (BN No. 7183 pages 1A-11A and so on) regarding Regional Adminis tration; 6. Government Regulation Number 22 Year 1982 re gardingWaterResource Management; Business News 7581/11-2-2007 7. Government Regulation Number 27 Year 1991 (BN No. 5224 pages 11A-17A and so on) regarding Swamp; B. Government Regulation Number 35 Year 1991 (liN No. 5221 pages 6A-21A and so on) regarding River; 9. Government Regulation Number 27 Year 1999 (BN No. 6442 pages 10A-12A and so on) regarding Analyzes on Effectof Life Environment; 10.Government Regulation Number 25 Year 2000 (BN No. 6471 pages 19A-20A and so on) regarding The Authority of the Government and Authority of Provinces as Autonomous Regions; l1.GovernmentRegulation Number 82 Year 2001 (BN No. 7450pagesZOA-Z9A) reqerdlnq MdnagemenL of WaterQualityand Controlling of WaterPollution; 12.Regional Regulation of the Province of Jakarta Capi tal Special Region Number 10 Year 1998regarding Application and Tax on the Exploitation of Under ground Water and Surface Water; 13.Regional Regulation of the Province of Jakarta Capi tal Special Region Number 3 Year 2001 regarding Organizational Structures andWorking Arrangements of Regional Apparatuses and Secretariat of the Jakarta Provincial Legislative councu: 14.Decision of the GovernorNumber170Year 2002re garding Organization and Working Arrangement of the Jakarta Provincial Public Works Service; DECIDES: To stipulate: THE REGULATION OF THE GOVERNOR OF THE PROVINCE OFJAKARATA CAPITAL SPECIAL REGION ON PROCEDURES FOR UCENSING THE EXPLOITATON OF SURFACE WATER CHAPTER I ..... CHAPTER I GENERAL PROVISION Article 1 Referred to in this regulation as : 1. Region is the Province of Jakarta Capital Special Re gion. 2. Governmental Area is Government of Provlnce of Jakarta Capital Special Region. 3. Governor isthe Governor of Province of Jakarta capi tal special Region. 4. Public Works Service hereinaftercalled Service is the Jakarta Provincial Public Works Service. 5. Head of Service isHead of theJakarta Provincial Public Works Service. 6. SUrface water IS all water which IS on earthsurrace, excluding sea water, which is used on the land. 7. Taking of surface water is taking of surface water which is used by statutory bodies for various pur poses. 8. License to Exploit Surface Water, hereinafter abbre viatedto IPAP is a license to take surface water. 9. Environmental Impact Analysis hereinafter abbrevi ated to Amdal is study regarding big effect and im portant of one business and/or planned activity at life pnvironment which is needed for the process of decision taking regarding the application of business and/or actiVity. 10.Environmental Management Programs (UKL) and Environmental Monitoring Programs (UPL) are mea sures taken in managing and monitoring of life envi ronment by the responSibility of business and/or ac tivity which is not obliged to Environmental Impact Analysis (AMDAL). 11.Meter isa tool to countwater amountwhich is taken in one metercubic (m-), Business News 7581/11-2-2007 6A CHAPTERU UCENSE TO EXPLOIT SURFACE WATER (IPAP) Article 2 (l)Each legalcorporation or company planning to take surface water is obliged to have IPAP and conduct according to volume of the taking of surface water which shall be stipulated. (2)The volume of the tlIklng of surface water as re ferred at sentence I, at least 50 m3 (fifty meter cu bic) per month. (3)The volume of the taking of surface water depends onwatersupply, if watercondition do notfulfill thsra fore the Government shali re arrange. Article 3 (l)IPAP as referred In Article 2, shall come Into force during the legal corporation or company, and ex ecutes its business activity and oblige to re register onceevery 3 (three) years. (2)IPAP as referred In Article 2, do not hand over to anotherparty by way and/or in any form. Article4 IPAP holder is obliged: a. To report the activity result of the execution of the takingof surface water; b. To report the analyzes result of quality of surface water and laboratoryat least 4 (four) months once to Head of Service asa control from the spending of surface water; c. To paythe tax of the taking andthe usage of under groundwater and surface water. PartTwo Publishing of NewIPAP Article 5 Toobtain IPAP asreferred InArticle 2, the appli cant submit written letter of application to Governor through Head of Service byfulfillingthe formof Model Fa as mentioned ••• I I asmentioned in Attachment II of this Regulation of Gov ernor, byenclosing thecompleteness of permission docu ment. Article6 (l)The completeness of permission document asreferred in Article5, covers: a. copy of identification card of the company respon sibility; b. copy of Taxpayer Code Number (NPWP) of per sonnel in charge of the company; c. copy of company domicile or letter of permission of business place (SITU) according to the Distur bance Law. d. mapof taking location scale 1:1.000; e. mapof topography scale 1:50.000, according to Base Map of Province of DK!Jakarta which ispub lished by Service of land and Map; f. deed of company establishment; g. letter of statement of environment management (SPPL) with water debit < 25 per liter/second, UKL and UPL to the application with water debit > 25 up to < 100 liter/second also AMDAL for debit> 100 liter/second, which is published by Corporation of LifeEnvironment; h. technical proposal of necessity planandwaterus age; i. copy of registration as a taxpayer of the taking andthe usage of underground waterandsurface waterfrom Service of Incomeof Area of Province of DKIJakarta (form SPOPD). (2)Besides the completeness of document as referred at sentence 1, shall haveto obtain technical recom mendation and Head of service along With its com pleteness, covers: a, planof location of water taking; b. plan and draw of building construction of water taking; c. permit to buildequipment. (3)Copy of document completeness as referred at sen tence1 letter a, enclosed with its original in orderof Business News 7581/11-2-2007 7A research andreturnafter the research the document is finished. (4) For the applicant which is in scope of pipe tract of PAM Jaya, shall have to enclose the receipt or ac countof water payment of PAM Jaya. Article 7 (l)In not later than 5 (five) working days counted since the acceptance of application letter Model Fa as re ferred in Article 5, and its document completeness asreferred in Article6 ascomplete andcorrect, Head of Service publishes IPAP. (2)If the application letter Model Fa mentioned in Ar ticle 5 and required document as referred to in Ar ticle 6, havenot been correctandcomplete, at least 3 (three)workingdays counted since the acceptance of application letter Model Fa, Head of Service sub mit written Notification Letter of the Delay of IPAP publishing to the applicantenclosed with its reasons. (3)On notification letter as referred at sentence 2, the applicant oblige to conduct the repair and/or com plete the requirement at least5 (five) working days counted since the acceptance of Notification Letter of the Delay of IPAP publishing. (4)If in stipulated period of time as referred at sen tence 3, the applicant does not fulfili the require mentwith correct andcomplete, Head of Service shall denythe application of the related IPAP. Article 8 The applicant of IPAP which is denied as re ferred in Article7 sentence 4, the applicant shall re sub mit the request of new application. Article 9 Chartof Mechanism of IPAP application asmen tioned in Attachment I to this regulation of Governor. PartThree Re Register of IPAP Article 10 Article 10 IPAP is obliged to re-register once every 3 (three) years. Article 11 (l)In executing of IPAPre register, the application sub mit the written application letter to Head of Service by fulfilling the form Model Fb as enclosed in Attach ment III to this Regulation of Governor by enclosing old IPAPincluding by completing its requirements as referred in Article 6 and Article 4 letter c. (2)For the applicant who has completed the require ments as referred at sentence 1, officer of Service conduct observation to the related applicant address. Article 12 If according to observation as referred in Ar ticle 11 sentence 2, apparently the activity does not proper with owned IPAP, the application of re register of IPAPshall be denied, and shalLhave to submit of new IPAP. Article 13 Tt ere-registration of IPAP as referred to in Ar ticle 11 and Article 12 is not later than 10 (ten) working days since the acceptance of the application. Part Four The Change of IPAP Article 14 If IPAP which has already obtained is lost or damaged or un read, the holder of IPAP shall SUbmit the written application letter to Head of Service by ful filling the form Model Fe as mentioned in Attachment IV by enclosing the requirements as referred in Article 6. Article 15 Besides requirementsas referred InArticle6 sen tence 1, shall have to enclose notification letter from local Policefor the lost IPAP, and enclosing original IPAP for the damaged or un read IPAP. Part Five Cancellation of IPAP Business News7581/11-2-2007 8A Article 16 IPAP shall be cancelled if: a. holder of permission do not fulfill the provision which have been stipulated in IPAP; b. there is a damage of life environment; c. in checking there is an activity broaden which is not proper with IPAP; d. quality of polluted water do not fulfill the require ments; e. on base of the request of the holder of IPAP. Article 17 cancellation of IPAP as referred in Article 16, is conducted through the process of written warnings. CHAPTER III INSTALLATIONOF WATER METER Article 18 (l)The taking of surface water shall have to be-corn plated with water meter or tools or debiLcalculation. (2)Water meter or tools of debit calculation as referred at sentence 1 is provided by the applicant with the specification which has been stipulated by the Ser vice. (3)Operation of the taking of surface water shall execute after the signing: a. minutes of meeting of the Installation of water meter or tools of debit calculation; b. minutes of meeting of sealing of water meter. (4)Thl::' changes of water meter or tools of debit celcu lation if there is a damage and/or the changeoffunc tion of water meter, is executed by Serviceafter prior to checking execution. CHAPTER IV PROHIBmON Article 19 Every holder of permit is forbidden to: a. damage, remove, lost and move the water meter or tools of debit calculation, fabric sealed, sealedat wa ter meter; b. take ..... b. take the water before pass the meter of water tak ing; c. take the water exceed the stipulated debit in per mission; d. hide water point or land of water taking; e. move the position of water point. CHAPTER V DATAAND REPORT Article 20 (l)Data of the usage of surface water is executed by Department. (2)Data as referred at sentence 1, covers: a. location of point of water taking; b. test as continue of location of point of the taking of surface water and polluted water; c. type of the usage of water resource; d. type of water usage. (3)Data and result calculation of the obtaining of sur face water of each the usage of surface water is ex ecuted by Department. (4) Procedureof data as referred at sentence 2, is stipu lated furthermore with Decree of Head of Depart ment. Article 21 (l)Holder of IPAP is obliged to submit the report re garding its activity to Head of Serviceat least once a year which is submitted at the longest on January 31 for the next year. (2)Based on the report as referred at sentence 1, Ser vice Officer conducts observation of the report truth which is submitted by the holder of IPAP at least once in a year. CHAPTER VI MONITORING Article 22 (l)Monitoring of the taking of surface water is as duty and responsibility of Head of Department. 9A (2)Monitoring as referred at sentence 1, is conducted with: a. providing direct checking; b. executing evaluation or report and information which is submitted by the holder of IPAP and/or from the public. Article 23 (1) Direct monitoring is conducted by Service Officer, along with assignment letter from Head of Service. (2)Th" moultorlnq result CIS Ieferred et sentence 1, must bereported to Head of Service. CHAPTER VII CHECKING Article 24 (l)Checking for testing the usage of surface water in executing this regulation is executed by appointed checker officer by Head of Department. (2)Checking as referred at sentence 1, covers: a. checking of Technical Aspect; b. checking of Permission Administration. (3)Checking of technical aspect as referred at sentence 2 letter a, covers: a. checkingoffunction and condition of water meter; b. checking of sealed of water meter; c. checking of water debit which is used by noting the usage of surface water according to stand of water meter; d. checking of network; e. checking of which is connected with another tech nical aspect. (4) Checkingof permission administration as referred at sentence 2 Jetter b, covers: a. checking of its validity of permission letter of the usage of surface water; b. checking which is connected with another per mission administration aspect. Business News7581/11-2-2007 (5) Checking ...... (S)Checking of debit of surface water which is used, is executed byappointed officer by Head of Service to gether with Taxpayer/user of surface water. CHAPTER VIII SANCTION Article 25 Every company or business corporation executes violation of Article2 <entence 1, Article" Article4, Ar ticle 18 sentence 1, and Article 19 also Article 21 sen tence 1, is subjected the sanction. Article 26 (l)The granting of sanction as referred in Article 25, is preceded by administrativesanction, by giving writ tell warning to head or company responsibility or business corporation morethan continually3 (three) times With grace period as followings: a. Firstwarning for 7 (seven) days; b. Second warning 7 (seven)daysafter the publish ing of first warning; c. Third warning 7 (seven)daysafter the publishing of second warning. (2)If first warning as referred at sentence 1 letter II do not heed, is subjected temporary stopping actionof activity of the taking of surface water. (3)If second warning as referred at sentence 1 letter b do not heed, is SUbjected sealing or any action in form of blockage/foundry which shall prevent the activity of the taking of surface water. (4)If third warning as referred at sentence 1 letter c do not heed, Issubjected the cancellation of IPAP. (5)The granting of sanction as referred at sentence 1, 2, 3, and 4, is executed by Investigator of Civil State Employee (PPNS). Article 27 If there is an objection from public, which is caused by the activity which is conducted which cause the disturbance at environment, the holderof IPAP shall Business News 7581/11-2-2007 lOA besubjected the sanction as stipulated in regulation and law. CHAPTER IX CLOSURE PROVISION Article 28 When this Regulation of Governor shall come into force, Decree of Governor of Head of Jakarta Capi tal S[l"cialR"gion NumberRR Year1999r"garding Guid ance of Application Execution and Collection of Tax of Underground Waterand Surface Water at JakartaCapi tal speoatRegion as long as regarding the regulation of the taking of surface water, cancelled and stated, do not valid. Article 29 ThisRegulation of Governor shall come into force on the promulgated date. Forpubliccognizance this Regulation of Gover nor shall be promulgated by placing It In Regonal Book of Province of Jakarta capital Special Region. Ratified In Jakarta On May7, 2007 THE GOVERNOR OFTHE PROVINCE OF JAKARTA CAPITAL SPECIAL REGION Sgd SUTIYOSO Promulgated in Jakarta On May7,2007 THE SECRETARY OFTHE PROVINCE OF JAKARTA CAPITAL SPECIAL REGION Sgd. RITOLA TASMAYA REGIONAL BOOK OFTHE PROVINCE OF DKI JAKARTA YEAR 2007 NUMBER 68 Editor's note: The attachment is not obtained. ===(M)==~