Regulation of the Minister of Forestry of RI No. P.34/Menhut-II/2010 on procedure for changing function of forest zone

GOVERNMENT REGULATIONS PROCEDURE FOR CHANGING FUNCTION OF FOREST ZONE (Regulation of the Minister of Forestry of RI Number P.34/Menhut-II/201 0, dated July 29,2010) WITH THE BLESSING OF THE ONE AND ONLY GOD MINISTER OF FORESTRY OF THE REPUBLIC INDONESIA, Considering: That to implement the provision in Article 43 paragraph (3) of Government Regulation Number 10 Year 2010 concerning Procedure for Changing AIlo cation and Function of Forest Zone, it is necessary to stipulate Regulation of the Minister of Forestry on Procedure for Changing the Function of Forest Zone. In view of: 1. Law Number 5 Year 1990 (BN No. 5000 pages 18-128) concerning Preservation of Biological Natural Resources and its Ecosystem (Statute Book of the Republic of lndo neoio Yenr 1990 Number 49, Supplement to Statute Book Number 3419); 2. Law Number 41 Year 1999 (BN No. 6400 pages 18-08 and so forth) corrcer ninq Fores trv (Stat ute Book of the Republic of Indonesia Year 1999 Number 167, Supplement to Statute Book of the Republic of Indonesia Number 3888) as amend ed by Law Number 1~ Year :LU04 (BN No. 7140 pages 31B-32B) concerning Stipulation of Gov ~mm~nt Regulation 'm Lieu of Law Number 1 Year 2004 (BN No. 7034 pages 9B) concerning Amendment to Law Number 41 Year 1999 con cerning Forestry to become Law (Statute Book of the Republic of Indonesia Year 2004 Number 86, Supplement to Statute Book of the Republic of Indonesia Number 4412); 3. Law Number 32 Year 2004 (BN No. 7152 pages 9B-18B and so forth) concerning Regional Govern ment (Statute Book of the Republic of lndo r- nesia Year 2004 Number 125, Supplement to Statute Book of the Renublic of lnrinnesia Number 4437). as amended several times and lately amended by Law Number 12 Year 2008 (BN No. 7661 pages 11 B-18B and so forth) concerning Sec ond Amendment to Low Number 32 Year 2004 concerning Regional Government (Statute Book of the Republic of Indonesia Number 59, Supple ment to Statute Book of the Republic of Indonesia Number 3844); 4. Law Number 26 Year 2007 (BN No. 7556 pages 138-228 and so forth) concerning Space Layout (Statute Book of the Republic of Indonesia Year 2UO / Number 68, Supplement to Statute Book of the Republic of Indonesia Number 4725); 5. Law Number 32 Year 2009 (BN No. 7880 pages 6B-18B and so forth) concerning Protection and Management of Living Environment (Statute Book 13 ......1111111••••••••••••II.IIIII.Il.IIJlt\\WCf·*MI"'1*1.;4:rclilitll(·]I'*~~ . of the Republic of Indonesia Year 2009 Number 140, Supplement to Statute Book of the Republic of Indonesia Number 5059); 6. Government Regulation Number 68 Year 1998 concerning Natural Sanctuary Zone and Natural Preservation (Statute Book of the Republic of In donesia Year 1998 Number 132, Supplement to Statute Book of the Republic of Indonesia Number 3776); 7. Government Regulation Number 44 Year 2004 concernina Forestry Planning (Statute Book of the Republic of Indonesia Year 2004 Number 146, Supplement to Statute Book of the Republic of Indonesia Number 4452); 8. Government Regulation Number 26 YeO[ 2008 (BN No. 7685 pages 19B-24B and so forth) con cerning Space Layout System of National Terri tory (RTRWN) (Statute Book of the Republic of Indonesia Year 2008 NUlllLJer 48, Su ppternerit to Statute Book of the Republic of Indonesia Number 4833); 9. Government Regulation Number 38 Year 2007 (BN No. 7576 pages 1~-o~) concerning Distribu tion of Governmental Affairs between the Gov ernment, Regional Government of Province, and Regional Government of Regency/Municipality (Statute Book of the Republic of Indonesia Year 2007 Number 82, Supplement to Statute Book of the Republic of Indonesia Number 4737); 10.Government Regulation Number 10 Year 2010 (BN No. 7923 pages 21 B·30B) concerning Proce dure for Changing Allocation and Function of For est Zone (Statute Book of the Republic of Indone sia Year 2010 Number 15, Supplement to Statute Book of the Republic of Indonesia Number 5097); 11.Government Regulation Number 15 Year 2010 (BN No. 7930 pages 20B-30B and so forth) con cerning Implementation of Space Layout l~;tat­ ute Book of the Republic of Indonesia Year 2010 Number 21, Supplement to Statute Book of the Republic of Indonesia Number 5103); , 2. Regulation of President of the Hapublic of Indo nesia Number 47 Year 2009 (BN No. 7927 paqes 2B-12B) concerning Establishment and Organiza tion of the State Ministry; , 3.Regulation of President of the Republic of Indo nesia Number 24 Year 2010 concerning Capac ity, Duty and Function of the State Ministry and Organizational Structure, Duty and Function of Eclrelon I, 14. Decree of President of the Republic of lndone sia Number 84/P Year 2009 (BN No. 7875 pages 13B·14B) concerning Establishment of Indonesia Bersatu Cabinet II; 15.Regulation of Minister of Forestry Number P.13/ Menhut-II/2005 concerning Organization and Work Procedure of the Department of Forestry as amended several times, and lately amended by Regulation of the Minister of Forestry Number P.64/Menhut-IJ/2008 (State Gazette of the Re public of Indonesia Year 2008 Number 80); DEC IDE S: To stipulate: REGULATION OF THE MINiSTER OF FORESTRY ON 14 GOVERNMENT REGULATIONS PROCEDURE FOR CHANGING THE FUNCTION OF FOREST ZONE. CHAPTER I GENEnAL PROVISION Part One lriterpret a lion Article 1 What is meant in this Regulation or the Milli:; ter by: 1. rorest Zone shall be existence of particular area assigned and/or determined by the Government to be maintained as permanent forest. 2. Preserved Forest shall be forest zone with partic ular special characteristic, having main function for conservation of various vegetations, wildlife and its ecosystem. 3. Natural Santuary Zone shall be zone having par ticular specific characteristic, both on land and waters having the main function as conservation zone for various vegetation and wildlife and its ecosystem which also functions as an area to support living system. 4. Natural Preservation Zone shall be natural pres ervation zone which due to the condition of its nature has specific vegetation, wildlife and its ecosystem or specific ecosystem that must be protected so as to keep developing by nature. 5. Wildlife Preservation Zone shall be wildlife pres ervation zone having specific characteristic of va riety and/or the unique type of wildlife and keep the lifespan of its habitat to survive. 6. Natural Preserve Zone shall be zone with spe cific Characteristics. both on land and in waters that function to protect life supporting system, conservation of thf=! varinrv of vegetations and wildlife, and keep monitoring biological natural resources and its ecosystem. 7. National Park Zone shall be natural preservation zone havinq original ecosystem, managed by zon ing system utilized for research, science, educa tion, cultural support, tourism and recreation. 8. Grand Forest Park Zone shall be natural preserved zone for collec tlon ur veyetalioll arid/or natural or non-natural wildlife, original type or non-original type, utilized for research, science, education, cultural support, culture, tourism and recreation. 9. Natural Tourist Park Lone shall be natural preser vation zone with the main purpose to be utilized for tourism and natural recreation. 1a.Hunting Park shall be forest zone decided as hunt ing tourist spot. 11.Protected forest shall be forest zone that mainly function as protection for living support to orga nize water system, flood prevention, erosion con trol, sea water intrusion prevention, and main taining the land fertility. 12.Producing forest shall be forest zone that mainly function to produce forest products. 13.Permanent Producing Forest shall be forest zone with factors such as ravine, type of soil, and rain intensity after the respective one is multiplied by multiplication point having average value below 125, out of protected forest zone, natural wildlife forest, natural preservation forest, and hunting part. 15 GOVERNMENT REGULATIDNS 16 14.Limiten Producino Forest shall be forest zone with factors such as ravine, type of soil, and intensity after the respective one is multiplied by the multi plying figure with a total value between 125-174, out of protected forest, natural wildlife forest, natural preserved forest, and hunting park. 15. Convertible produci ng forest shall be forest zone of which space is reserved for use for develop rner it otl rer ttldll f ores trv ac tivities . 16.Permanent forest shall be forest zone which exis tence is maintained as forest zone, consiSting of preservation, protected forest, limited producing forest, and permanent producing forest. 17.Changed function of forest zone shall be change of part of or the entire forest function in one or in a number of groups of forest to other functi on of forest zone. 18.River flows area shall be any land area constitut ing a unit of the river or its stream bordered by topographical separator in the form of the back of a hill or mountain functioning to accommodate water originating from rainfall, keeping and flows it to the lake of sea by nature. 19.1ntegrated research shall be research conducted by Government Institution having competence and scientific authority (scientific autho rityl to gether with other related party. 20.Minister shall be Minister exercising governmental affairs on forestry. 21 .Secreta ry General shall be Sec retarv Genera I of the Ministry of Forestry. 22.Director General shall be Director General assigned the duty and responsibility in forestry planning. 23.Hean of Servic:e Offlc s of Province !':hall he Herin of Service Office assigned the duty and responsi bility in forestry in the province. 24.Head of Service Office of Reqencv/Municir alitv shall be Head of Service Office assigned the duty and responsibility in forestry in regency/mLnici polity. Part Two General Article 2 (1) Forest zone function is changed to verify and op timize the tunction of forest zone. (2) The change to forest zone referred to in para graph (1) will be made in forest which main func tions are: a. forest prese rvation; b. protected forest; and " c. producing forest. (3) The change of function of forest zone referred to in paragraph (1) shall be made: a. partly; or b. for provincial area. (4l The change of function of forest zone for provin cial area referred to in paragraph (3) letter b iNill be governed in separate Regulation of the Minis ter. Article 3 No change of function of forest zone to CI)n vertible producing forest may be made in the province where the extent of area of its forest zone is less than 30% (thirty percent). GOVERNMENT REGULATIONS Article 4 (1) The partial change of function to forest zone re ferred to in Article 2 paraQraph (3) letter a shall be made by changing the function: a. inter main function of the forest zone: or b. in the main function of the forest zone. (2) The chanqe of function inter main function of for est zone referred to in paragraph (1) letter a, cov ers change of gunction of: a. preserved forest zone to protected forest zone and/or producing forest zone; b. protected forest zone to preserved forest zone and/or producing forest zone; erid c. producing forest zone to preserved forest zone and/or protected forest zone. (3) The change of function in the main function of loreat Lone referred Lo in paragraph (1) letter b, shall be made in the zone of: a. preserved rorest: or b. producing forest. Part Three Change of Function Inter-Main Function of Forest Zone Article 5 The change of function of preserved forest zone to protected forest zone and/or producing for est zone referred to in Article 4 paragraph (2) letter a must comply with the provisions below: a. failure to comply with all the criteria as preserved forest zone in accordance with the statutory reg ulation; and b. comply with the criteria of protected forest or producing forest in accordance with the statutory regulation. Article 6 The change of function of protected forest zone to preserved forest zone and/or producing for est zone referred to in Article 4 paragraph (2) letter b must comply with the provisions below: a. failure to comply with the criteria as protected forest zone in aocorcance with the statutory reg ulation in the case that it is to be changed pro ducing forest; erid b. comply with the criteria as preserved forest or producing forest in accordance with the statutory regulation. Article 7 The change of function of producing forest zone to preserved forest zone and/or protected forest zone as referred to in Article 4 paragraph (2) letter c must comply with the criteria as preserved forest or protected forest in accordance with the statutory regulation. Part Four Change of Function having Main Function as Forest Zone Article 8 (1) The change of function in the main function as preserved forest zone as referred to in Article 4 paragraph (3) letter a, covers the change to: 17 GOVERNMENT REGULATIONS 18 a. natural conservation zone to wildlife conser vation zone, national park, grand forest park, natural tourst park, or hunting park; b. wildlife conservation zone to natural conser vation zone, national park, grand forest part, natural tourist park, or hunting park; c. national park zone to natural conservation zone, wildlife conservation, grand forest park, natural tourst r'l rk , or hunt inq park: d. grand forest park zone to natural conservation zone, wildlife conservation, national park, nat ural tourist park, or hunting park; e. natural tourist park zone to natural co riaerva tion zone, wildlife conservation, national park, grand forest park, or hunting park; or f. hunting pa rk zone to natural conservation zone, wildlife conservation, national park, grand forest park, or natural to urist park. (2) The change of function in the main preserved ,forest zone referred to in paragraph (1), may be made in the event that: a. a change to the forest zone biophysical condi tion is changed resulting from natural phenom enon, environment, or human being; b. need time to prepare for optimization of the function and benefit of forest zone: c. coverage of area Is : small and is surrounded by social environment'anc:t,etdloQm.¥:;resulting from development other ,:than forestry activi ties not supporting survival of natural ecology process; or d. comply with the criteria as fundtioninthe'pro posed conservation forest zone. Article 9 (1) The change of function in the main function of producting forest aone as referred to in Artie Ie 4 paragraph (3) letter b, covers change of: a. limited producinq forest to permanent produc ing forest and/or convertible producing forest; b. permanent producing forest to limited produc ing forest and/or convertible profuding forest; imrl c. convertible producing forest to Ii rnited produc ing forest and/or permanent producing fo ro s t , (3) The change of function in the main function as producing forest zone referred to in porc qruph (1), other than fails to comply with the criteria of forest zone based to the statutory regula tiori, can only be made if: a. it is to c omplv with the need fur ex lent uf area of optimum producing forest to support stable availability of wood processing indus try; or b. time for preparation forest zone function. CHAPTER II PROCEDURE FOR PROPOSED CHANGE OF FOREST ZONE FUNCTION Part One Proposed Change of Forest Zone Function Article 10: (11 Achang'eof forest zone rtunctban.is 'Proposed by: a. the Reg'ent/Mayol' .forrforesr ,:,lone1 eXiSting withiGlollle'neger.rcy/.murricipality; 0.' '.: b, the: .Governor: J-ar'for:est':zone, cross ,regencyl municipality. GOVERNMENT REGULATIONS 12) The proposed change of forest zone tuncjion re ferred to in pa ragraph (1) shall be submitted to the Minister with copy to: a. Secretary General; b. Director General: c. Director General of Forestry Business M;ln::Jgp.mAnt;and d. Director General of Forest Protection and Nat ural Preservation. Part Two Requirement for Proposed Change of Forest Zone Function Article 11 (1) The proposed change of forest zone function re ferred to in Article 10 must comply with the re quirernenrs below; a. proposed change of forest zone function on the basic map of minimum scale 1: 100.000; b. recommendation of the Regent/Mayor if the proposing party is the Governor or recom mendation of the Governor if the proposing party IS the Regeent/Mayor on the basic map of minimum scale of 1:100.000; c. technical consideration of the President Direc tor of Perhutani Public Company if it is within the work area of Perhutani Public Company; and d. the proposed utilization and/or use plan of for est zone against the function of forest zone. (2) The recommendation of the Regent/Mayor or Governor referred to in paragraph l1) letter b con tains approval to the proposed cl"lal\ge 0' iorest zone function, based on technical consideration of the Head of Service Office of Regency/Munici pality or the Head of Service Office of Province for proposed change of function of producing for est and protected forest. (3) The recommendation of the Regent/Mayor or Governor referred to in paragraph (1) letter b fails to state the validity of the recommendation. (4~ The u~chnica' consideration of the Haad of Ser vice Office of Regency/Municipality or Head of Service Office of Province referred to in para graph (2). contains: a , the location, border and area extent as well as the function of the forest zone being pro posed; b. the biophvcial condition of forest zone being proposed: and C. the utilization and/or use plan of forest zone against the fun etten of the proposed forest zone. CHAPTER III PROCEDURE FOR SETTLEMENT OF PROPOSED CHANGE TO FOREST ZONE FUNCTION Part One Review of the Proposed Change to Forest Zone Function Article 12 11) Based on the copy of proposal referred to in Ar ticle 10 paragraph l2), the Director General of Forest Protection and Natural Forest Preservation within a period of 15 (fifteen) working days at the longest shall submit technical consideration 19 20 to the Minister through Director General, if the proposed change to forest zone function is: a. from preserved forest and/or protected forest to producing forest; b. within protected forest located out of the work area of Perhutani Public Company; or c. within the main function of preserved for est. (2) Based on the ~orY propo sal referred to in Article 10 paragraph (2), the Director General of Forestry Business Management within 15 (fifteen) work ing days at the longest shall submit technical consideration to the Minister trhough the Director General, if the proposed change to forest zone function is: a. from producing forest to protected and/or pre served forest; b. within producing forest out of the work area o I Per l iutaui Publil; CUrTljJClIlY; or c. within the main function of producing forest out Of the work area of Perhutani Public Com pany. (::l) The Ulrector General wrthln 60 (sixty) working days at the longest shall coordinate review of the application for proposed change of function with the relevant Eselon I as referred to in paragraph (1) and paragraph (2), (4) If the technical consideration referred to in para graph (1) and paragraph (2) and the result of re view referred to in paragraph (3) fails to comply with the terms, the Director General on behalf of the Minister shall be obliged to issue letter of rejection. Part Two Research by Integrated Team Article 13 (1) If the technical consideration referred to in Artcle 12 paragraph (1) and/or paragraph (2) and the re sult of review referred to in Article 12 paraqraph (3) comply with the terms, the Director Gen sral shall within five (5) working days, shall be obliqed to issue application letter for assistance of IT an power from the agency/institution/Echelon I with in t he relevant scope of Ministry of Forestrv to becme members of Integrated Team. (2) The Director General shall within 15 (fiftf!f!n) working days at the longest effective as of he/ she is accepted to be member of the ln te qr ated Team from the agency/institution/Echelon I of the rclevont scope of Ministry of Forestry as re f e-red to in paragraph (1), propose issue of Decision of the Minister on the [stablishment of lnteqruted Team in the context of Review of the Proposal to Chanqe the Fur ic tiun of For est Zune Lu the Secre tary General. (31 The Secretary General shall within 15 (fifrl~en) working days at the longest effective as of re ceipt of the proposal at the Drrector General, sub mit concept of Decision of the Minister on the Establishment of Integrated Team in the context of Review of the Proposal to Change the Function of Forest Zone, to the Minsiter. (4) The Minister shall, within seven (7) working days effective as of recei pt of the concept referred to in paragraph (3), issue Decision of the Min ster on the Establishment of Integrated Team in the GOVERNMENT REGULATIONS context of Review of the Proposal to Change the Function of Forest Zone. (51 The Integrated Team referred to in paragraph (4) within 180 (one hundred eighty) working days as of thp isslJe of f)p~i~ion on F~trlhlishmpntof Intf' grated Team in the context of Review of the Pro posal to Change the Funtion of Forest Function, shall submit: e , exposure of the result of review befo rc the Director General and the relevant Echelon I Of 1iciell within the Ministry of rorestry; arid b. report the result of reivew containing recom rne nuation u1 Illt~yrateu Team that has be en reveiwed by the Director General and the re levenr Echelon I Official Within the Ministry of Forestry as referred to in letter a, to the Minis ter through the DIrector General. Article 14 (1) The cost for conducting the review by Integrated Team referred to in Article 13 shall be charged to and managed directly by the proposer the amount of which shall be based on the statutory regula tion. (2) Source of the finance referred to in paragraph (1) may originate from the Government, Regional Government, and/or other non-binding source of fund. Article 15 The review conducted by the Integrated Team referred to in Article 13 shall be governed in sepa rate Regulation ot the Mirlsiter. Part Three Provisional Approval for Change of Forest Zone Function Article 16 (1) If thf' ranornmnndatinn by the Intp.grClted Team referred to in Article 13 paragraph (5) letter b, partly or entirely may be taken into consideration. the Director General, within a period of ten (10) working dovs at the longest effective as of receipt of the recommendation of the Integrated Team, shell be obliged to submit concept 01 provisional approval letter for the change of forest zone func tion suppun eu uy the map tl rer eo I tu the Minister togeth er with the Report on th e result of research conducted by the Integrated Team. (2) If the entire recommendation of the Integrated I eam referred to In Article 13 paragraph (0) letter h, cannot be taken into consideration, the Direc tor Genral on behalf of the Minister, within a peri od of seven (7) working days at the longest as of receipt of the recommendation of the Integrated Team. shall be obliged to issue rejection letter. (3) The Minister, within a period of seven (7) working days at the longest as of receipt of the concept from the Director General as re1erred to in para graph (1), shall be obliged to issue provisional ap proval to the change of forest zone function sup ported by the relevant map. (4) The provision approval referred to in paragraph (3), must contain instruction to: a. the Secretary General to prepare concept of Decision of the Minister on the Change to Forest Zone Function; 21 GOVERNMI'}JT' RfGULATIONS b. the Director General to prepare map for at tachrnent to the Decision of the Minister con cerning the Change to Forest Zone Function. CHAPTER V CLOSING PROVISION Article 19 22 Part Four Decision for Change of Forest Zone Function Article 17 (1) Based on the provision approval referred to in Ar ticle 16, the Director General, within a period of 30 (thirty) working days at the longest as of the issue of provisional approval, shall submit a map to be attached to the Decision of the Minister concerning the Change to Forest Zone Function to the Secretary General. (2) The Secretary General within a period of seven (7) working days at the longest at referred to in paragraph (1 l, shall be obliged to submit concept of Decision of the Minister on the change to for est zone function and the relevant map to the Minister. (3) I he Minister WIthin a period of seven (I) working days at the longest as of receipt of the concept from the Ser.retrlry General. shall be obliged to make Decision on the change to forest zone func tion supported by the relevant map. CHAPTER IV TRANSITIONAL PROVISION Article 18 By the time this Regulation of the Minister de clared takes effect: a. any change to forest zone function that is not ob taining Decision of the Minister yet shall be pro cessed in accordance with this Regulation of the Minister; b. any change of forest zone function that obtained provisional approval and/or Decision of the Minis ter on such change to forest zone function stipu lated before this Regulation of the Minister is de clared takes effect. By the time this RegulMion of the Minister is declared takes effect, the provision governing the change of function as governed in Decision of the Minister of Forestry Number 70/Kpts-II/200 1 (BN No. 6911 pages 9B-ll Bl on Decision of Fore stry Zone, Change of Status and Function of Forest Zone as amended by Decision of the Minister of Forestry Number SK.48/Menhut-1I/2004, is revoked and de dared null and void. Article 20 This Regulation of the Minister of Forestry takes effect on the date it is eoacted. For public cognizance, this Regulation of the Minister uf Forestry shall be announced by plac iriq it in the State Gazette of the Republic of Indonesia. Stipulated in Ja karta On Ju.ly 29,2010 MINISTER OF FORESTRY OF THE REPUBLIC OF INDONESIA, sgd. ZULKIFLI HASAN Enacted in Ja karta On August 5, 2010 MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA sgd. PATRIALIS AKBAR STATE GAZETTE OF THE REPUBLIC OF INDONE~;IA YEAR 2010 NUMBER 378 (MAl