Regulation of the Minister of Public works No. 16/PRT/M/2011 on guidance for the operation and maintenance of pond irrigation network

GOVERNMENT REGULATIONS GUIDANCE FOR THE OPERATION AND MAINTANCE , . OF POND IRRIGATION NETWORK (Regulation of the Minister of Public Works Number 16/PRT/M/2011 dated November 14,2011) BY GRACE OF GOD THE ALMIGHTY THE MINISTER OF PUBLIC WORKS OF THE REPUBLIC OF INDONESIA Considering: That in the framework of preserving the sus tamable function of pond irrigation network in accor dance with the planned service and the provision of Article 43 paragraph (5) of Government Requlation Number 42 Year 2008 on Water Resource Manage ment as well as Article 61 of Government Regulation Numb er 20 Year 2006 on Irriqation, it's necessary to stipulate a regulation of the Minister of Public Works on Guidance for the Operation and Maintenance of Pond Irrigation Network; In view of: 1. Government Regulation Number 27 Year 1991 on Swamp (Statute Book of the Republic of Indone sia Year 1991 Number 35, Supplement to Statute Book of the Republic of Indonesia Number 3441); 2. Government Reguli'llinn Nurnhnr :10 Yp.<lr :lOOn on Irrigation (Statute Book of the Republic of In donesia Year 2006 Number 46, Supplement to Statute Book of the Republic of Indonesia Number 4624); 3. Government Regulation Number 38 Year 2007 on Sharing of Public Administration Affairs between the Government, Provincial Administration and Regency/Municipal Administration (Statute Book of the Republic of Indonesia Year 2007 Number 82, Supplement to Statute Book of the Republic of Indonesia Number 3747); 4. Government Requlation Number 42 Year 2008 on Water Resource Management (Statute Book of the Republic of Indonesia Year 2008 Number 82, Supplement to Statute Book of the Republic of Indonesia Number 4858); 5. Presidential Regulation Number 47 Year 2009 on the Estabilishment and Organization of State Min Istries: 6. Presidential Regulation Number 24 Year 2010 on Status, Task and Function of State Ministries as well as First-Echelon Organization, Task and Function of State Ministries; 7. Presidential Decree Number 84/P Year 2009; 8. Regulation of the Minister of Public Works No mor. 08/PRT/M/20 lOon Organization and Work ina Arranaement of the Ministry of Public Works; 9. Regulation of the Minister of Public Works Num ber 21 /PRT/M/2010 on Orqonizo tion and Working Mechanim of Technical Executive Unit of the Min i:>try of Public Works, Business News 82461 -120- 2012 17 DECIDES: To stipulate: THE REGULATION OF THE MINISTER OF PUBLIC WORKS ON GUIDANCE FOR THE OPERATION AND MAINTENANCE OF POND IRRIGATION NETWORK Article 1 Referred to in this ministerial regulation as: 1. Salty Water shall be water with salinity higher than briny water ~ 35%0. 2. Briny Water shall be water with salinity ranging from 0.5%0 to 35%0; a ttrihurahla to mixture of ~eFl water and fresh water naturally or artificially. 3 Fresh water shall be water with salinity lower or being 0.5%0. 4. Irrigation shall be efforts to provide, regulate and dispose irrigation water to support agriculture with thc kind covcring aurface irriqction, swamp irrigation, underground water irrigation, pump ir rrgc'ltioll and pond irrigation. 5. Pond shall be briny water basin used tor onshore fi::;ht:ry cuhivat iun, in the form of shrimp, fish, crab, moluscs and seaweed. 6. Pond Irrigation Network shall be a channel, struc ture or complementary structure constituting a totautv, which is needed to provide, distribute, grant, use and dispose pond irrigation water. 7. Modest Irrigation Network of Pond shall be an ir rigation network of pond with channel and door functinging to carry and dispose briny water un separately, which causes salty water to mix natu rally with fresh water with the water volume and quality not yet controlled. 8. Semi-technical irrigation network of pond shall be an irrigation network of pond with channel and door functioning to carry and dispose briny water separately, which causes salty water to mix natu rally with fresh water in the mixer channel, fur nished with non-permanent water structure, with the water debit and quality not yet controlled ful ly. 9. Technical Irrigation Network of Pond shal be an irrigation network of pond with the channel and door functioning to carry and dispose briny water alraanv sp.pmaten, furnished with mixer structure functioning as the mixing place of salty water and fresh water, with water structure already com plete and permanent as well as fully controllable water debit and quality. 10. Waste shall be rest ot production process or do mestic activities in the form of liquid, gas or sol id. 11. Operation of Pond Irrigdtiolt Network ::;hdll ue ef forts to regulate pond irrigation water and dispos al thereof wirh a view of optimizing the function and benefit of pond irrigation network. 12. Pond Irngation Network shall be efforts to pre serve and secure pond irrigation network so as to continue functioning properly with a view of facilitating the implementation of operation and preserving its conservation. 13. Coast shall be an area where sea and mainland meets, measured upon the highest and lowest tide. 14. Caren shall be edge side around the internal part 18 Business News 8246/4-20-2012 GOVERl'lMENT REGULATIONS of pond base with the base deeper than square functioning to facilitate harvest. 15. Square shall be part of pond base surrounded by caren, having base higher than the base of caren, which function to grow natural feed. 16. Management of Pond Irrigation Network shall be an activity covering operation, maintenance and rehabilitation of pond irrigation network. 1 7 Culfivatiriq CILIstf>r sb all be ::l ch is tar insirll'! thl'! fattening cluster of mil kfish parent stock (nener) or shrimp parent stock (benur) with the size 1/4 up to 1/3 time the size of the fattening cluster, which functions to breed milldish parent stoo k (nener) or shrimp parent stock (benur) until the size of milkfish parent stock reaches 5 cm - 7 cm and size of shrimp parent stock (benur) reaches PL 40·70. 18. Salinity shall be the quantity of salt substance in an unit of weight, contained in every unit of weight of water. 19. Salty Water Feeder Channel shall be a channel functioning to flow salty water from sea or intake structure into mixer structure or directly to pond cluster. 20. Freshwater Feeder Channel shall be a channel used to distribute freshwater from river or fresh water intake structure to mixer structure or di rectly to pond cluster. 21. Pond Drainage shall be the distribution of water excess not used anymore from pond irrigation network. 22. Cultivation shall be an activity to reproduce, fat ten, maintain and harvet result. 23. Planting Method shall be a business carried out by executing pond cultivation on the basis of a speci- fied period. 24. Minister shall be the minister in charge of public works affairs. 25. Central Government hereinafter called Govern ment shall be the President of the Republic of Indoensia holding the executive power of the Re rlJhlic of lnriormsia as meant in the Constitution of 1945. 26. Provincial Government shall be governor and re gional provincial apparatuses as component of re gional adrninis trator, 27. Regency/Municipal Government shall be regent/ mayor and other regency/municipal apparatuses as component of regional adrniinstrator. 28. Service shall be an institution of provincial govern ment or regency/municipal government in charge of irrigation affairs. 29. Breeders shall be a group of communities engag ing in fishery breeding, already or not yet group ing in breeder organization. Article 2 (1) The guidance shall be intended to become guid ance of the government, provincial government and regency/municipal government in formulating Manual of Pond-Irrigation Network Operation and Maintenance. (2) The manual as meant in paragraph (1) shall aim at enabling the government, provincial government and regency/municipal governments to operate and maintain pond irrigation network efficientl y Business News 8246/4-20-2012 19 GOVERNMENT REGULATIONS and effectively as well as the sustainabilitv of function of pond. Article 3 The scope of the guidance shall cover: a. operation; b. maintenance; c. public participation; d. monitoring and evaluation of maintenance and operation; e. institution and organization of operation and maintenance executor; and f. financina of operation and maintenance. Article 4 (1) The operation as meant in Article 3 Letter a, shall be intended to regulate watcr in pond irrigation network in accordance with the operational plan agreed by the government, provincial government and regency/municipal government and breeder group. (2) In planning the operation, management of pond irrigation network shall need to observe planting method plan, kind and level of high and low tide, rain fall, and condition ot pond Infrastructure. (3) The operation as meant in paragraph (1) shall be executed by procedures: a. no rmal operation based on the agreed opera tion plan; and b. emergency operation in the case of flooding, drought and water pollution or the high in crease in salt content. Article 5 (1) The maintenance as .meant in Article 3 Letter b shall be directed to guarantee the sustainability of function of pond irrigation network in accordance with the pl anned service period. /2) The maintenance as meant in paragraph (1) shall cover routine maintenance, periodical mainte nance and participatory emergency improvement. (3) The routine maintenance as meant in paragraph (2) shall be executed continually. (4) The periodical maintenance as meant in para graph (2) shall be executed every two years at the minimum or depend on structure and channol condition. (5) The emergency improvement as meant in para graph (2) shall be executed because of incidents beyond prediction, including natural disaster. (6) The maintenance as meant in Article 3 Letter b may be executed on the basis of self-managed manner or contractually on the basis of kind of work, volume, time, manpower, material, equip ment and quality of work and/or executed partici patorily by pond planter group. Article 6 (1) Operation and maintenance of pond irrigation network shall be executed by the government, provincial government, regency/municipal gov ernment by virtue of their authority in the man agement of pond irrigation area. (2) In executing the operation and maintenance of pond irrigation network, the government, provin cial government and regency/municipal govern 20 Business News 8246/4-20·2012 GOVERNMENT EGULATlONS ment shall involve public participation. Article 7 (1) The implementation of operation as meant in Ar ticle 3 Letter d shall be monitored to ascertain efficiency and effectiveness of the operation of pond irriuation network. (2) The monitoring of operation as meant in para graph (1) shall be Applied to conditinn of Welter face in channel or river, channel side, water qual ity, rainfall, kind and growth of cultivation and production. (3) The monitoring of maintenance as meant in Ar ticle 3 Letter d shall be applied to routine main tenance, periodical maintenance and emergency improvement executed in self-managed manner OJ contractually. (4) Evaluation shall be applied to result of the moni toring of operation and maintenance as meant in . paragraph (2) and paragraph (3). (b) Result of the evaluation as meant in paragraph (4) shall be used as input in formulating the next operation and maintenance plan. Article 8 (1) The institution and organization of the operation and maintenance executor as meant in Article 3 Letter e, shall constitute executor of pond-irriga tion network operation and maintenance in ob server and watering officer level. (2) The organizational structure of the institution as meant in paragraph (1) shall consist of: a. watering observer; b. watering officer; c. technical staff; . d. administrative staff; and e. water gate officer. Article g (1) The financing of operation and maintenance as meant in Article 3 Letter f shall be based on the ANIIal neen of operation and maintenance (AKNOP). (2l The financing a s meant in paragraph (1) shall con sist of: a. operational cost; and b. maintenance cost. Article 10 (1) The operauon and maintenance uf pone iJriyatiun network shall be executed on the basis of manual of pond-irrigation network operation and mainte nance already stipulated. (:L) It the manual ot pond-irrigation-network opera tion and maintenance has not been stipulated, the operation and maintenance of pond irrigation network shall be executed in accordance with the provision in the attachment to this ministerial reg ulation, which constitutes an integral part of this regulation. (3) The formulation of manual of operation and main tenance of the pond irrigation network shall refer to hierarchy of regulating substances in accor dance with the function and task as contained in the attachment to this ministerial regulation, which constitutes an integral part of this regulation. 8usiness News 824614·20·2012 21 22 Article 11 The regulation shall come Into force as' from the date of stipulation. For public cognizance, the regulation shall be promulgated by placing it in State Gazette of the Re public of Indonesia. Stipulated in Jakarta On November 14, 2011 THE MINISTER OF PUBLIC WORKS OF THE REPUB LIC OF INDONESIA sgd DJOKO KIRMANTO Pror:nuJgated in Jaka rta On November 23, 2011 THE MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA sgd AMIR SYAMSUDDIN STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2011 NUMBER 742 {R}