Regulation of the Minister of Energy and Mineral Resources of RI No. 15/2012 on the Safe Use of Ground Water

11111111 I 111111111111111111111■11 SAVE USE OF GROUND WATER (Regulation of the Minister of Energy and Mineral Resource of R.I Number 15 Year 2012, dated May 29, 2012) WITH THE BLESSING OF THE ONE AND ONLY GOD 4. Regulation of the Minister of Energy and Mineral MINISTER OF ENERGY AND MINERAL RESOURCE Resource Number 18 Year 2010, concerning Or OF THE REPUBLIC OF INDONESIA, ganization and Work Procedure of the Ministry of Energy and Mineral Resource (State Gazette Considering: In the context of implementing the provision in Article 42 (2) of Government Regulation Number 43 Year 2008 concerning Ground Water, it is neces­ sary to stipulate Regulation of the Minister of Energy of the Republic of Indonesia Year 2010 Number 552); DECIDES: and Mineral Resource on Save Use of Ground Water; To stipulate: REGULATION OF THE MINISTER OF ENERGY AND In view of: MINERAL RESOURCE ON SAVE USE OF GROUND 1. Law Number 7 Year 2004, concerning Water Re- WATER. source (Statute Book of the State of the Republic of Indonesia Year 2004 Number 32, Supplement to Statute Book of the State of the Republic of Indonesia Number 4377); CHAPTER I GENEREAL PROVISION Article 1 2. Government Regulation Number 43 Year 2008, What is meant in this Regulation of the Minis concerning Ground Water (Statute Book of the ter by: State of the Republic of Indonesia Year 2008 1. Ground Water shall be water found within the soil Number 83, Supplement to Statute Book of the layer or the rocks below the land surface. State of the Republic of Indonesia Number 4859); 3. Presidential Decree Number 59/P Year 2011, dat­ ed October 18, 2011; 2. Permit for Use of Ground Water shall be permit to obtain right to use water from utilization of Ground Water. Business News 8394/4-19-2013 37 38 liHIIIIJ I IIHlilli 3. Permit for Exploitation of Ground Water shall be permit to obtain right to use water from utilization of Ground Water. 4. State Buliding Construction shall be building for official requirements constituting property of the State/Region and which construction is financed and which source of fund originating from State Revenue and Expenditure Budget and/or Regional Revenue and Expenditure Budget or other legal acquisition. 5. Building Construction of State-owned Business Entity, Regional-owned Business Entity, and State-owned Legal Entity hereinafter referred to as BUMN, BUMD, or BHMN Building shall be building constructed for the purpose of official use belonging or controlled by BUMN and BUMD, including subsidiary company existing under its control, or BHMN. 6. Echelon I Management or equivalent official re­ sponsible in Ground Water use affairs in State lililillllll I Ill lHIIl■IIBIIII■ 8. Minister shall be minister coordinating administra­ tion affairs on energy and mineral resource. Article 2 (1) Save use of Ground Water is part of the effort in preserving Ground Water for the purpose of preserving uninterrupted existence, supporting power, and function of Ground Water. (2) Save use of Ground Water is exercised so as to maintain uninterrupted and continuous availability of Ground Water. (3) Save use of Ground Water shall be exercised ef­ ficiently and rationally. CHAPTER II OPERATION OF SAVE USE OF GROUND WATER Article 3 This activity in save use of Ground Water shall be exercised by all parties utilizing Ground Water. owned Building Construction within the respec- Article 4 tive environment. (1) Save use of Ground Water in State Building Con struction, BUMN, BUMD, and BHMN Building 7. Director of BUMN, Director of BUMD, or Deputy Cosntruction must be exercised with 10% (ten) of BHMN shall be director or deputy responsible percent final target calculated based on the com in Ground Water use affairs in BUMN, BUMD, or parison on the use of Ground Water in average six BHMN Building Construction within the respec- (6) months prior to this Regulation of the Minister tive environment. comes to force. Business News 8394/4-19-2013 (2) The final target referred to in paragraph ( 1) must be achieved within six (6) months effective as of this Regulation of the Minister comes to force. (3) Save use of Ground Water after the final target must be maintained at least equivalent to the tar­ get referred to in paragraph ( 1 ) . Article 5 The holder of Permit for Ground Water Use holder of Permit for Ground Water Utilization is obliged to save use of Ground Water. Article 6 Save Ground Water use by users of Ground Water shall be exercised by the following methods: a. effective and efficient use of Ground Water for various needs; b. minimize use of Ground Water; c. re-use of Ground Water; d. recycle use of Ground Water; e. take Ground Water as needed; f. use Ground Water as final alternative; g. develop and apply save water technology; h. give incentive to save Ground Water users; and/or i. give reminder to extravagant users of Ground Wa­ ter. shall be exercised by the following methods: a. use the water according to need; b. avoid extravagant use of water; c. utilize save water equipment; d. use water meter to monitor Ground Water intake; e. maintain water installation equipment periodically and change equipment that fails to oprate well. Article 8 Reduce use of Ground Water as referred to in Article 6 letter busing the methods below: a. potable water from Ground Water may be used only to fulfill the principal daily need; b. open water tap just half from the total exposure when use; c. close water tap immediately when not in use; d. build water tank for water reserve for various needs. Article 9 Re-use Ground Water as referred to in Article 6 letter c by the following methods: a. utilize used water for watering plants; b. utilize used water from washing to wash cars, and later flush it clean water; c. utilize used water for flushing. Article 10 Article 7 Reclying Ground Water as referred to in Ar Effective and efficient use of Ground Water ticle 6 letter d shall be conducted by the following for various needs as referred to in Article 6 letter a methods: Business News 8394/4-19-2013 39 40 11111 121 Ii I II 1 Ill■ I . illllllllll II II IL a. reclying waste water shall be conducted in water processing installation according to basic stan­ dard and later let it be absorbed into the ground or reuse it for other necessity. b. provide a tank to accommodate used water still having reasonable quality for re-use; c. build absorbing well to absorb rain water into the ground. Article 11 Use of Ground Water according to need as referred to in Article 6 letter e shall be taken by the followign methods: a. use water accommodating/storage system; b. use automatic system to take Ground Water based on the water accommodating capacity; c. for agriculture, use Ground Water particularly for save water plants. Article 12 Ground Water use as the last alternative as referred to in Article 6 letter f shall be exercised by the following methods: a. prioritize use of surface water; b. utilize rain water; c. prioritize use of water supplied by Potable Wa­ ter Company / Potable Water Regional Company for regions that can be reached by Potable Water Company/ Potable Water Regional Company. Article 13 Develop and apply save water technoloty as referred to in Article 6 letter g by means of the follow­ ing: a. use shower for bathing; b. use automatic flush / drain; c. use save water tap; d. use other technology that is proven to be better save water. Article 14 (1) Give incentive to user of save Ground Water as referred to in Article 6 letter h to the Holdre of Permit for Ground Water Use and Holder of Permit for Ground Water Exploitation. (2) The Holder of Permit for Ground Water Use and Holder of Permit for Ground Water Exploitation referred to in paragraph (1) that have obtained ap­ proval after this Regulation of the Minister comes to force, may be granted incentive for at least 1 2 (twelve) months consecutively to exercise minimum 10% (ten percent) save use of Ground Water calculated by comparing average use of Ground Water within six (6) months after permit has been granted. (3) The Holder of Permit for Ground Water use and Holder of Permit for Ground Water Exploittion Business News 8394/4-19-2013 referred to in paragraph ( 1) that has obtained Permit for Ground Water use and Holder of Permit permit prior to this Regulation of the Minister for Ground Water Exploitation. comes to force, may be granted incentive if within at least 1 2 (twelve) months consecu- (2) The Holder of Permit for Ground Water Use and tively exercised minimum 10% (rwn) percent Holder of Permit for Ground Water Exploitation calculated by comparing with average use of referred to in paragraph (1) that has obtained per Ground Water within six (6) months prior to this mit after this Regulation of the Minister comes to Regulation of the Minister comes to force. force, shall be given a reminder if within a period of one (1) year exercises three (3) times extrava (4) If the Holder of Permit for Ground Water Use and Holder of Ground Water Exploitation referred to in paragraph (2) obtains permit within less than six (6) months prior to thsi Regulation of the Minister comes to force, this will be calculated by compar­ ing it with average use of Ground Water within six months prior to this Regulation of the Minister comes to force, this is calculated by comparing the use of Ground Water within average six (6) months after obtaining permit. (5) The grant of incentive to Holder of Permit for Ground Water Use and Holder of Permit for Ground Water Exploitation referred to in para­ graph (2), paragraph (3), and paragraph (4) shall be presented by the Regent/Mayor according to their respective authority every year in the form of award and announcement in the mass media Article 15 ( 1) Give warning to extravagant use of Ground Wa­ ter referred to in Article 6 letter i to the Holder of gant use of Ground Water, each month exceeding use of Ground Water of average six (6) months after the permit has been granted. (3) The Holder of Permit for Ground Water Use and Holder of Permit for Ground Water Exploitation referred to in paragraph ( 1) that has obtained per­ mit prior to this Regulation of the Minister comes to face, may be given reminder if within a period of one (1) year using Ground Water extravagantly three (3) times, each month exceeding Ground Water use of average six (6) months prior to this Regulation of the Minister comes to force. (4) If the Holder of Permit for Ground Water Use and Holder of Permit for Ground Water Exploitation as referred to in paragraph (2) obtains permit within less than six (6) months prior to this Reg­ ulation of the Minister comes to force, this will be calculated by comparing the use of Ground Water use of average six (6) months after ob­ taining permit. Business News 839414-19-2013 41 42 (5) The reminder given to the Holder of Permit for Ground Water Use and Holder of Permit for Ground Water Exploitation referred to in para­ graph (2), paragraph (3), and paragraph (4) shall be presented by the Regent/Mayor according to their respective authority each year in form of an­ nounce in the mass media. (6) Prior to announcing it in the mass media, the Regent/Mayor shall make written notification to the Holder of Permit for Ground Water Use and Holder of Permit for Ground Water Exploitation exercising extravagant use of ground water once or two (2) times in one ( 1) year. Article 16 The incentive and reminder in the form of award and announcement in the mass media as re­ ferred to in Article 14 and Article 1 5 shall be exer­ cised based on the result of evaluation of the report on the use of Ground Water and/or supervision in the field. CHAPTER Ill MANAGEMENT AND SUPERVISION ON EXERCISING SAVE USE OF GROUND WATER Article 17 The Minister c.q. Head of Geological Agency shall exercise management and supervision in the im­ plementation of save use of Ground Water on: a. Echelon I Management or equivalent official, Sec retary of Provincial Region or Secretary of Re­ gency/Municipality Region on the use of Ground Water in State Building Construction; b. Director of BUMN, Director of BUMD, or Deputy of BHMN on the use of Ground Water in BUMN, BUMD, or BHMN Building Construction; and c. The Regent/Mayor on the use of Ground Water by the Holder of Permit for Ground Water Use or Holder of Permit for Ground Water Exploitation. Article 18 ( 1) Echelon I Management or equivalent official, Sec­ retary of Provincial Region or Secretary of Re­ gency/Municipality Region according to their re­ spective authority shall exercise management and supervision on save use of Ground Water in State Building Construction within the respective envi­ ronment. (2) Director of BUMN, Director of BUMD, or Deputy of BHMN according to their respective authority shall exercise management and supervision on save use of Ground Water in BUMN, BUMD, or BHMN Building Construction in the respective en­ vironment. (3) In exercising management and supervision re­ ferred to in paragraph (1) and paragraph (2), assisted by Task Force duly established by the Business News 8394/4-19-2013 Minister, Supreme Counci of the Republic of lndo- (3) The report on the implementation of save use of nesia, Commandor of Indonesian National Army, Ground Water referred to in paragraph (1) and the Head of Police Force of the State of the Re- paragraph (2) or the first and second time shall be public of lndonesi'a, the Head of Non-Ministry exercised within three (3) months. Government Institution, Management of State Secretary, Governor, and Regent/Mayor accord- Article 20 ing to their respective authority. Based on the report on the implementation (4) The Task Force referred to in paragraph (3) shall exercise supervision in the implementation of save use of Ground Water as referred to in Article 7 through Article 13 within the respective envi­ ronment. Article 19 ( 1) Echelon I Management or equivalent official, Sec­ retary of Provicial Region or Secretary of Regen­ cy/Municipality Region shall submit report on the implementation of save use of Ground Water in State Building Construction within the respective enviroment to the Minister c.q. Head of Geologi­ cal Agency periodically in six (6) months in Janu­ ary and July. (2) Director BUMN, Director BUMD, or Deputy BHMN shall submit report on the implementation of save use of Ground Water in BUMN, BUMD, or BHMN Building Construction within the respective en­ vironment to the Minister c.q. Head of Geologi­ cal Agency periodically once in six (6) months in January and in July. of saver use of Tround Water referred to in Article 19, Minister c.q. Head of Geological Agency shall is­ sue announcement on the result of evaluation on the implementation of save use of Ground Water. Article 21 ( 1 ) The Regent/Mayor according their respective au­ thority shall exercise management and supervi­ sion on the implementation of save use of Ground Water to the Holder of Permit for Ground Water User and Holder of Permit for Ground Water Ex­ ploitation. (2) In exrcising the supervision referred to in para­ graph (1 ), the Regent/Mayor shall appoint a su­ pervisor for supervising implementation of save use of Ground Water. Article 22 The Regent/Mayor shall be obliged to submit report on the implementation of save use of Ground Water from the Holder of Permit for Ground Water Use and Holder of Permit for Ground Water Expoilt­ ation to the Minister c.q. Head of Geological Agency Business Hews 8394/4-19-1013 43 44 at least once a year that is in January. Article 23 The report on the implementation of save use of Ground Water referred to in Article 19 and Article 22 must be made according to the format as speci­ fied in the Attachment constituting inseparable part of this Regulation of the Minister. CHAPTER IV CLOSING PROVISION Article 24 Enacted in Jakarta Dated May 30, 2012 MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA, sgd. AMIR SYAMSUDIN STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2012 NUMBER 558 ATTACHMENT This Regulation of the Minister takes effect FORMAT OF REPORT ON IMPLEMENTATION OF on July 1, 2012. SAVE USE OF GROUND WATER For public cognizance, tis Regulation of the Format of report is made to enable monitorig Minister shall be announced by placing it in the State to which extent save use of Ground Water in exercis Gazette of the Republic of Indonesia. ing action on save use of Ground Water by Ground Water users has complied with the target of save use of ground water as fixed 10% (ten percent) of the average use of Ground Water in six (6) months. Stipulated in Jakarta dated May 29, 2012 A. Format of report of Echelon I Management or MINISTER OF ENERGY AND MINERAL RESOURCE equivalent official, Secretary of Provincial Region or Secretary of Regency/Municipality Region, Di­ rector of BUMN, Director of BUMD, and Deputy of BHMN for save use of Ground Water in State Building Construction and BUMN, BUMD, and BHMN Building Construction. OF THE REPUBLIC OF INDONESIA, sgd. JERO WACIK Business News 8394/4-19-2013 Average Use of Ground Water Observance during the Current Year during the last six (6) months Month Use of Ground Water Period Month Use Ground Water (m3) Report (m3) January 2012 First July February 2012 (reported in August March 2012 month of September October 2012) Average .................... (x) April 2012 Second October May 2012 (reported in November June 2012 Month December Average ................ (v) January 2013) Average ···················'x) 2013 January (reported in February month July) March April May June Average ····················'x) etc .. (x) - (v) Use of ground water = ---- X 100% = ..... % (v) Business News 8394/4-19-2013 45 Example : Format of First and Second Report Table of Ground Water Use Average Use of Ground Water Observation during the Current Year six (6) months Year 2012 Month Use Ground Water Period Month Use of Ground (m3) Report (m3) January 2012 250 July 225 February 201 2 200 First August 205 March 2012 225 September 200 Average 210 April 2012 300 October 200 May 2012 275 First November 230 June 2012 250 December 230 Average 250 Average 220 etc .. 210 - 250 Use of ground water during First period = X 100% = -16,00% 250 220 - 250 Use of ground water during second = X 100% = -12,00% 250 Example: Format of Periodical Report evrey six (6) months 46 Business News 8394/4-19-2013 Table on Use of Ground Water Average Use of Ground Water Observation during the Current Year six (6) months Year 2012 Month Use of Ground Water Period Month Use of Ground Water (m3) Report (m3) January 2012 250 January 225 February 201 2 200 February 205 March 2012 225 March 200 April 2012 300 2013 April 200 May 2012 300 Mayi 230 June 2012 275 June 230 Average 250 Average 215 etc .. 215-250 Use of ground water First period = X 100% = -14,00% 250 Note: save use of ground water takes place in State Building Construction or BUMN, BUMD, or BHMN Building Construction if the result of calculation on us of ground water is smaller than 10% (ten percent). extravagent use of ground water takes place in State Building Construction or in BUMN, BUMD, or BHMN Building Construction if the result of calculation of use of ground water is positive. Business News 8394/4-19-2013 I 47 48 . ' ~ ' Bll■illt■■IIIJ■.lllllrnllllBll■nml .. , ~ , , ,~~ "',' ~ ' , ~ ' B. Format of Report of Regent/Mayor for save use of Ground Water from the Holder of Permit for Ground Water Use and Holder of Permit for Ground Water Exploitation No Name of Average Use of Month Holder of Permit Ground Water 1 2 3 4 5 6 7 8 9 Averagely six (6) months 1 . 2. etc *) fill-in incentive, reminder, or has exercised save use MINISTER OF ENERGY AND MINERAL RESOURCE OF THE REPUBLIC OF INDONESIA, sgd. JERO WACIK (MA) Business News 8394/4-19-2013 Remarks *) 10 11 12