Regulation of the Minister of Public Works of RI No. 08/PRT/M/2014 on Guidance for calculating service fees for the water resource management to be used for drinking, industrial, hydropower plant and agricultural business activities

GUIDANCE FOR CALCULATING SERVICE FEE OF WATER RESOURCE MANAGEMENT FOR DRINKING WATER, INDUSTRIAL, HYDRO POWER PLANT AND AGRICULTURAL BUSINESS ACTIVITIES (Regulation of the Minister of Public Works Number 08/PRT/M/2014 dated August 8, 2014) BY GRACE OF GOD THE ALMIGHTY for the business activities as meant in Letter b; THE MINISTER OF PUBLIC WORKS, d. in the framework of providing a guidance for wa ter resources managers in calculating service fee Considering: a. in order to implement the provision of Article 118 paragraph (7) of Government Regulation Number 42 Year 2008 on Water Resources Management and in order to ensure sustainable water resourc es management, water resources users receiving benefit from water resource management ser vice, besides fulfilling the daily basic need and for smallholder agriculture, are obliged to bear man agement cost in accordance with the obtained benefit; b. drinking-water, industrial, hydro power plan and agricultural business activities now constitute the main activities in the use of water resources; c. the government and regional governments by virtue of their authority and responsibility in the management of water resources through water of water resources management for the business activities as meant in Letter b and Letter c, it is necessary to prepare guidance for the calculation of service fee of water resource management; e. having regards to Letter a, Letter b, Letter c, and Letter d, it is necessary to stipulate a regulation of the Minister of Public Works on Guidance for Cal culating Service Fee of Water Resources Manage ment for Drinking-water, Industrial Hydro Power Plant and Agricultural Business Activities; In view of: 1. Government Regulation Number 42 Year 2008 on Water Resources Management (Statute Book of the Republic of Indonesia Year 2008 Number 82, Supplement to Statute Book of the Republic of Indonesia Number 4858); resources managers have a right to collect and re- 2. Presidential Regulation Number 47 Year 2009 ceive service fee of water resources management on the Establishment and Organization of State 2§ Business News 8670-8671/2-25-2015 Ministries as already amended several times and the latest by Presidential Regulation Number 13 Year 2014; 3. Presidential Regulation Number 24 Year 2010 on Status, Tasks and Functions of State Ministries as well as First-echelon Organizational Struc tures, Tasks and Functions of State Ministries as already amended several times and the latest by Presidential Regulation Number 14 Year 2014; 4. Regulation of the Minister of Public Works Num ber 08/PRT/M/2010 on Organization and Working Mechanism of the Ministry of Public Works; 5. Regulation of the Minister of Public Works Num ber 21/PRT/M/2010 on Organization and Work ing Mechanism of Technical Executive Unit of the Ministry of Public Works as already amended by Regulation of the Minister of Public Works Num ber 09/PRT/M/2011; 1. Water Resources shall be water, water source and water energy containing therein. 2. Water shall the whole water contained in, above or below land surface, including surface water, ground water, rainwater and sea water on the mainland. 3. Water Source shall be natural and/or artificial wa ter place or container in, above, or below land surface. 4. Water Energy shall be potential contained inside water and/or water source which may contribute benefit or loss to human life and livelihood as well as their environment. 5. Water Resources Management shall be an effort to plan, execute, monitor and evaluate the con servation of water resources, utilization of wa ter resources and control over water destructive power. 6. Service Fee of Water Resources Management DECIDES: hereinafter abbreviated to BJPSDA shall be a kind of the financing of water resources manage To stipulate: THE REGULATION OF THE MINISTER OF PUBLIC WORKS ON GUIDANCE FOR CALCULATING SER VICE FEE OF WATER RESOURCE MANAGEMENT FOR DRINKING-WATER, INDUSTRIAL, HYDRO POW ER PLANT AND AGRICULTURAL BUSINESS ACTIVI TIES ment, which is imposed on users securing ben efit from water in accordance with rational and accountable calculation, and exempted from the utilization of water resources for the fulfillment of daily basic need and irrigation for smallholder agriculture. 7. Volume of Water Resources Utilization shall be the quantity of the use of water resources which is Article 1 counted by m3 or acreage unit of the utilized water Referred to in this ministerial regulation as: Tt9 or unit of the produced power in kWh. Business News 8670-8671/2-25-2015 27 8. The Utilization of Water Resources for business meant in Article 3 Letter a shall include the use of activity shall be the exploitation or utilization of water resources for business activities: water resources for the need of business. a. industry; 9. Water Resources Manager shall be an institution b. drinking water; authorized to manage water resources. c. hydro power plant; and 10. Minister shall be the Minister of Public Works. d. agriculture, including plantation and fishery. (2) The agricultural business activity subject to BJPS Article 2 DA as meant in paragraph (1) Letter d shall in (1) The ministerial regulation shall be intended to be clude agricultural activities, including plantation come a reference for water resources managers and fishery wherein water is used by modifying in river area belonging to authority of the govern natural condition with the need exceeding 2 (two) ment, provincial government or regency/munici liter per second per head of family and which is pal government, including Public Corporation (PE executed outside the existing irrigation system. RUM) and Regional Administration-Owned Public Corporation (PERUMDA) operating in the manage Article 5 ment of water resources in the related rive area in (1) In the case of the hydro power plant as meant calculating BJPSDA. in Article 4 paragraph (1) Letter c having a ca (2) The ministerial regulation shall aim at obtaining pacity up to 10 Mega Watt, the unit value of unit value of BJPSDA charged to users of water BJPSDA shall be counted on the basis of the resources as holders of license to utilize and man- average cost of water resources management in , age water resources. each location or area of power plant and per centage of the value of asset in each river area Article 3 as well as the value of economic benefit received The scope of this ministerial regulation shall by each group of water users in river area and ' include: the quantity of electricity produced by the hydro a. kind of business activity subject to BJPSDA; and power plant. b. procedure and example of the calculation of (2) Location or area of power plant in each river area BJPSDA. as meant in paragraph (1) shall include islands: a. Java, Bali, Madura; Article 4 b. Sumatra; (1) Kinds of business activity subject to BJPSDA as c. Kalimantan and Sulawesi; 28 Business News 8670-8671/2-25-2015 d. West Nusa Tenggara and East Nusa Teng gara; e. Maluku and North Maluku; and f. Papua and West Papua. Article 6 (1) In the case of the hydro power plant as meant in Article 4 paragraph (1) Letter c constituting new development with capacity above 10 Mega Watt in river area currently being developed for pur poses, including power plant, the unit value of BJPSDA shall be counted separately on the basis of the management cost of water resources of river area, which is attributable to potential of the newly built hydro power plant as well as the value of economic benefit received by the newly built hydro power plant and divided by the potential of electricity produced by the hydro-power plant. (2) The calculation of the unit value of BJPSDA as meant in paragraph (1) shall be used to support the acceleration of the provision of infrastructure for new and renewable energy. (3) In the case of the new development of the hydro power plant increasing the management cost of water resources which is higher than the received BJPSDA, the government or regional government may provide cost assistance for PERUM or PE RUMDA through the State Budget of Revenue and Expenditure or Regional Budget of Revenue and Expenditure in technical executive unit in charge of water resources affairs. Article 7 (1) BJPSDA as meant in Article 4 and Article 6 shall be collected and received by water resources us ers in relations to the utilization or management of water resources in each river area. (2) BJPSDA as meant in paragraph (1) shall be in ex ception for users of water resources for daily ba sic need and smallholder agriculture. Article 8 (1) Procedures for Calculating BJPSDA as meant in Article 3 Letter b shall be done through phases: a. counting the need for management cost of water resources; b. counting benefit value of the use of water from various groups of users; c. counting unit value of BJPSDA for each group of water user by using basic formula; d. preparing simulation of the calculation of ac ceptance level of BJPSDA to stakeholders; e. discussing result of the simulation with stake holders by observing impact of the applica tion of BJPSDA on the scale of economy of products of water resources users; and f. recommending the unit value of BJPSDA for stipulation. (2) Procedure and example of the calculation of BJPSDA shall be as contained in the attachment constituting a totality and integral part of this reg ulation. Business News 8670-8671/2-25-2015 I 29 Article 9 In the case of the use or management of wa ter resources being located in forest area, holders of license to use or utilize water resources shall pay BJPSDA in accordance with the guidance for calcula tion contained in this regulation. Article 10 The ministerial regulation shall come into force as from the date of promulgation. For public cognizance, the ministerial regula tion shall be promulgated by placing it in State Ga zette of the Republic of Indonesia. Stipulated in Jakarta On August 8, 2014 THE MINISTER OF PUBLIC WORKS OF THE REPUBLIC OF INDONESIA sgd. DJOKO KIRMANTO Promulgated in Jakarta On September 15, 2014 THE MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA sgd AMIR SYAMSUDDIN STATE GAZETTE OF THE REPUBLIC OF INDOENSIA YEAR 2014 NUMBER 1304 (R) 30 Business News 8670-8671/2-25-2015